Restorative Justice on Trial

Restorative Justice on Trial

Author: H. Messmer

Publisher: Springer Science & Business Media

Published: 2013-06-29

Total Pages: 575

ISBN-13: 9401580642

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Victim-offender mediation schemes have experienced significant growth in the last decade. They are seen as an important and innovative alternative to the traditional sanctions of the criminal justice system. After a critical look at mediation schemes in the United States and Canada, most European countries have also increased their efforts to develop informal strategies to deal with deviant behavior. In terms of their legal and organizational base, it turns out that type, extent, and capacities for development are quite different in the individual countries -resulting in a remarkable diversity of programs with different outcomes. The contributions in this book are revised and edited versions of papers presented at the NATO Advanced Research Workshop Conflict, Crime and Reconciliation: The Organization of Welfare Intervention in the Field of Restitutive Justice in April 1991 at Il Ciocco, Italy. The chapters document the present stage of restorative justice in the individual countries, critically assess legal constraints and public needs, discuss the organizational requirements of implementation, and also evaluate outcomes in a broader context of crime and social policy. In the long run, this book should encourage further debates in the field of restorative justice and help build valid guidelines for an international evaluation research.


Justice for Victims

Justice for Victims

Author: Inge Vanfraechem

Publisher: Routledge

Published: 2014-06-27

Total Pages: 427

ISBN-13: 1136207759

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Justice for Victims brings together the world’s leading scholars in the fields of study surrounding victimization in a pioneering international collection. This book focuses on the current study of victims of crime, combining both legal and social-scientific perspectives, articulating both in new directions and questioning whether victims really do have more rights in our modern world. This book offers an interdisciplinary approach, covering large-scale (political) victimization, terrorist victimization, sexual victimization and routine victimization. Split into three sections, this book provides in-depth coverage of: victims' rights, transitional justice and victims' perspectives, and trauma, resilience and justice. Victims' rights are conceptualised in the human rights framework and discussed in relation to supranational, international and regional policies. The transitional justice section covers victims of war from those caught between peace and justice, as well as post-conflict justice. The final section focuses on post-traumatic stress, connecting psychological and anthropological perceptions in analysing collective violence, mass victimization and trauma. This book addresses challenging and new issues in the field of victimology and the study of transitional and restorative justice. As such, it will be of interest to researchers, practitioners and students interested in the fields of victimology, transitional justice, restorative justice and trauma work.


Criminal Reconciliation in Contemporary China

Criminal Reconciliation in Contemporary China

Author: Jue Jiang

Publisher: Edward Elgar Publishing

Published: 2016-10-28

Total Pages: 303

ISBN-13: 1785363115

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Criminal reconciliation, a special procedure stipulated in PRC’s 2013 Criminal Procedure Law, allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies on pilot practices of this mechanism in three cities in China, this book argues that criminal reconciliation enables abuses of power and infringement of the parties’ access to justice. This programme further throws light on certain fundamental problems with the wider criminal justice system.


A National Crime

A National Crime

Author: John S. Milloy

Publisher: Univ. of Manitoba Press

Published: 2011-08-01

Total Pages: 696

ISBN-13: 0887554156

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“I am going to tell you how we are treated. I am always hungry.” — Edward B., a student at Onion Lake School (1923) "[I]f I were appointed by the Dominion Government for the express purpose of spreading tuberculosis, there is nothing finer in existance that the average Indian residential school.” — N. Walker, Indian Affairs Superintendent (1948) For over 100 years, thousands of Aboriginal children passed through the Canadian residential school system. Begun in the 1870s, it was intended, in the words of government officials, to bring these children into the “circle of civilization,” the results, however, were far different. More often, the schools provided an inferior education in an atmosphere of neglect, disease, and often abuse. Using previously unreleased government documents, historian John S. Milloy provides a full picture of the history and reality of the residential school system. He begins by tracing the ideological roots of the system, and follows the paper trail of internal memoranda, reports from field inspectors, and letters of complaint. In the early decades, the system grew without planning or restraint. Despite numerous critical commissions and reports, it persisted into the 1970s, when it transformed itself into a social welfare system without improving conditions for its thousands of wards. A National Crime shows that the residential system was chronically underfunded and often mismanaged, and documents in detail and how this affected the health, education, and well-being of entire generations of Aboriginal children.


Crime and Compensation in North Africa

Crime and Compensation in North Africa

Author: Yazid Ben Hounet

Publisher: Springer Nature

Published: 2021-05-12

Total Pages: 140

ISBN-13: 303070906X

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As the 21st century began, Algeria, Morocco, and North Sudan launched some much-publicised “reconciliation” policies, or, in the case of North Sudan, “pacification” policies. Algeria, following its Clemency policy (1995) and Civil Concord Law (1999), held a referendum in 2005 and subsequently implemented the measures of its Charter for Peace and National Reconciliation. This charter is Algeria’s latest policy aimed at settling the accounts of a murderous decade (1990s) between the state and armed Islamic groups. In Morocco, an arbitration committee was set up in 1999, followed by the Equity and Reconciliation Commission in 2004, to turn the page on the “Years of Lead”—a period during the rule of King Hassan II during which state crimes such as torture, imprisonment, and murder were committed. Finally, in Sudan (North Sudan since 2011), peace negotiations were held in 1989 and a peace process has been ongoing since 2005, with an aim to resolve violent conflicts and war crimes that are shaking Darfur and North Kordofan. At the centre of all these reconciliation and pacification mechanisms lies a practice that has been scarcely studied: (monetary) compensation for the crimes committed. Shedding light on this under-studied topic from the North African field, this volume investigates: What meanings can compensation have when it is aimed at repairing crimes? Is it necessary, sufficient, or admissible? How can it be implemented and accepted by the victims themselves and by society? These questions about compensation lead the reader through discussions on the nature of crime, punishment, reparation, reconciliation, and the way these concepts were and are now understood in these three North African countries.


Corporate Crime in China

Corporate Crime in China

Author: Zhenjie Zhou

Publisher: Routledge

Published: 2014-09-19

Total Pages: 249

ISBN-13: 1317632826

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Corporate crime in China has garnered worldwide attention and in the recent years we have witnessed positive legislative and administrative efforts by the Chinese government to prevent corporate misconducts. This book first defines the meaning of corporate crime in China and answers the basic questions of what corporate crime is through real life cases. Then, it introduces the history of corporate crime and reviews academic studies through these key questions. The book also discusses the scope of corporate crime, the basis of corporate criminal liability, the criminal liability of State organizations, the corporate compliance programs and corporate criminal liability and the procedural issues. The book also provides suggestions from a comparative perspective by referring to the latest global developments on corporate crime. In the concluding chapter, the book discusses the goals of corporate crime prevention policy and comes up with feasible reform proposals with a brief summary on the existing problems of the current policies through a macro perspective. There is no existing book that deals with the legislation and criminal justice practices of corporate crime in China and this book will help to shed insight into the subject.


We Are Not Such Things

We Are Not Such Things

Author: Justine van der Leun

Publisher: Random House

Published: 2016-06-28

Total Pages: 546

ISBN-13: 0812994515

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Justine van der Leun reopens the murder of a young American woman in South Africa, an iconic case that calls into question our understanding of truth and reconciliation, loyalty, justice, race, and class—a gripping investigation in the vein of the podcast Serial “Timely . . . gripping, explosive . . . the kind of obsessive forensic investigation—of the clues, and into the soul of society—that is the legacy of highbrow sleuths from Truman Capote to Janet Malcolm.”—The New York Times Book Review The story of Amy Biehl is well known in South Africa: The twenty-six-year-old white American Fulbright scholar was brutally murdered on August 25, 1993, during the final, fiery days of apartheid by a mob of young black men in a township outside Cape Town. Her parents’ forgiveness of two of her killers became a symbol of the Truth and Reconciliation process in South Africa. Justine van der Leun decided to introduce the story to an American audience. But as she delved into the case, the prevailing narrative started to unravel. Why didn’t the eyewitness reports agree on who killed Amy Biehl? Were the men convicted of the murder actually responsible for her death? And then van der Leun stumbled upon another brutal crime committed on the same day, in the very same area. The true story of Amy Biehl’s death, it turned out, was not only a story of forgiveness but a reflection of the complicated history of a troubled country. We Are Not Such Things is the result of van der Leun’s four-year investigation into this strange, knotted tale of injustice, violence, and compassion. The bizarre twists and turns of this case and its aftermath—and the story that emerges of what happened on that fateful day in 1993 and in the decades that followed—come together in an unsparing account of life in South Africa today. Van der Leun immerses herself in the lives of her subjects and paints a stark, moving portrait of a township and its residents. We come to understand that the issues at the heart of her investigation are universal in scope and powerful in resonance. We Are Not Such Things reveals how reconciliation is impossible without an acknowledgment of the past, a lesson as relevant to America today as to a South Africa still struggling with the long shadow of its history. “A masterpiece of reported nonfiction . . . Justine van der Leun’s account of a South African murder is destined to be a classic.”—Newsday


Models of Criminal Procedure System

Models of Criminal Procedure System

Author: Ruihua Chen

Publisher: Springer Nature

Published: 2022-10-01

Total Pages: 335

ISBN-13: 981193651X

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This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.


Murder by Decree

Murder by Decree

Author: Kevin Annett

Publisher: Createspace Independent Publishing Platform

Published: 2016-02-23

Total Pages: 0

ISBN-13: 9781530145614

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The Anti-racism collection has been created by Lethbridge Public Library and the City of Lethbridge Diversity and Inclusion Working Group to provide resources about anti-racism education, history, and perspective. Anti-racism is defined by the Alberta Civil Liberties Research Centre as the active process of identifying and eliminating racism by changing systems, organizational structures, policies, practices and attitudes, so that power is redistributed and shared equitably.


Principles of Chinese Criminal Procedure

Principles of Chinese Criminal Procedure

Author: Liling Yue

Publisher: Bloomsbury Publishing

Published: 2021-10-07

Total Pages: 268

ISBN-13: 1509934928

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This book presents a short history and timeline of criminal procedure legislation in China. First, it addresses the status of Human Rights Conventions and the challenges resulting from human rights standards for Chinese criminal procedural law and practice. The discussion then moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPL (Criminal Procedure Law) and legal institutions. The book covers relevant actors in the Chinese Criminal Justice System (ie judges, prosecutors, police, defence councils) as well as the relationships between them. It also includes topics relating to the victims of crime and their role in criminal proceedings. Starting with pre-trial investigations (extending in particular to coercive measures and discretionary powers in the implementation of non-prosecution policies) the book continues as a guide through the basic principles of criminal trial, standards of evidence and rules related to conviction. Appeals and the issue of reopening criminal proceedings are also considered, with the book making particular reference to a number of special procedures (including juvenile delinquency) in the closing chapter.