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.
The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community
This book analyzes the practicalities of setting up and running restorative justice schemes, the costs involved and the key professional and ethical issues involved such as victims' and offenders' needs and expectations, community and desistance.
Restorative justice is an innovative approach to responding to crime and conflict that shifts the focus away from laws and punishment to instead consider the harm caused and what is needed to repair that harm and make things right. Interest in restorative justice is rapidly expanding, with new applications continuously emerging around the world. The restorative philosophy and conference process have shown great promise in providing a justice response that heals individuals and strengthens the community. Still, a few key questions remain unanswered. First, how is the personal and relational transformation apparent in the restorative justice process achieved? What can be done to safeguard and enhance that effectiveness? Second, can restorative justice satisfy the wider public’s need for a reaffirmation of communal norms following a crime, particularly in comparison to the criminal trial? And finally, given its primary focus on making amends at an interpersonal level, does restorative justice routinely fail to address larger, structural injustices? This book engages with these three critical questions through an understanding of restorative justice as a ritual. It proffers three dominant ritual functions related to the performance of justice: the normative, the transformative, and the proleptic. Two justice rituals, namely, the criminal trial and the restorative justice conference, are examined through this framework in order to understand how each process fulfills, or fails to fulfill, the multifaceted human need for justice. The book will be of interest to students, academics, and practitioners working in the areas of Restorative Justice, Criminal Law, and Criminology.
In our era of mass incarceration, gun violence, and Black Lives Matters, a handbook showing how racial justice and restorative justice can transform the African-American experience in America. This timely work will inform scholars and practitioners on the subjects of pervasive racial inequity and the healing offered by restorative justice practices. Addressing the intersectionality of race and the US criminal justice system, social activist Fania E. Davis explores how restorative justice has the capacity to disrupt patterns of mass incarceration through effective, equitable, and transformative approaches. Eager to break the still-pervasive, centuries-long cycles of racial prejudice and trauma in America, Davis unites the racial justice and restorative justice movements, aspiring to increase awareness of deep-seated problems as well as positive action toward change. Davis highlights real restorative justice initiatives that function from a racial justice perspective; these programs are utilized in schools, justice systems, and communities, intentionally seeking to ameliorate racial disparities and systemic inequities. Chapters include: Chapter 1: The Journey to Racial Justice and Restorative Justice Chapter 2: Ubuntu: The Indigenous Ethos of Restorative Justice Chapter 3: Integrating Racial Justice and Restorative Justice Chapter 4: Race, Restorative Justice, and Schools Chapter 5: Restorative Justice and Transforming Mass Incarceration Chapter 6: Toward a Racial Reckoning: Imagining a Truth Process for Police Violence Chapter 7: A Way Forward She looks at initiatives that strive to address the historical harms against African Americans throughout the nation. This newest addition the Justice and Peacebuilding series is a much needed and long overdue examination of the issue of race in America as well as a beacon of hope as we learn to work together to repair damage, change perspectives, and strive to do better.
Restorative Justice Today: Applications of Restorative Interventions takes a hard look at the issues and concepts surrounding restorative justice and current restorative practices used in a broad range of areas today. In a time when the cost of prisons and jails is on the rise resulting in more offenders being kept out of the community, this timely and contemporary book exposes readers to a range of restorative practices that can be implemented. The authors, renowned experts in the area of restorative justice, provide information not found in other restorative justice texts.
The award-winning “radically original” (The Atlantic) restorative justice leader, whose work the Washington Post has called “totally sensible and totally revolutionary,” grapples with the problem of violent crime in the movement for prison abolition A National Book Foundation Literature for Justice honoree A Kirkus “Best Book of 2019 to Fight Racism and Xenophobia” Winner of the National Association of Community and Restorative Justice Journalism Award Finalist for the Goddard Riverside Stephan Russo Book Prize for Social Justice In a book Democracy Now! calls a “complete overhaul of the way we’ve been taught to think about crime, punishment, and justice,” Danielle Sered, the executive director of Common Justice and renowned expert on violence, offers pragmatic solutions that take the place of prison, meeting the needs of survivors and creating pathways for people who have committed violence to repair harm. Critically, Sered argues that reckoning is owed not only on the part of individuals who have caused violence, but also by our nation for its overreliance on incarceration to produce safety—at a great cost to communities, survivors, racial equity, and the very fabric of our democracy. Although over half the people incarcerated in America today have committed violent offenses, the focus of reformers has been almost entirely on nonviolent and drug offenses. Called “innovative” and “truly remarkable” by The Atlantic and “a top-notch entry into the burgeoning incarceration debate” by Kirkus Reviews, Sered’s Until We Reckon argues with searing force and clarity that our communities are safer the less we rely on prisons and jails as a solution for wrongdoing. Sered asks us to reconsider the purposes of incarceration and argues persuasively that the needs of survivors of violent crime are better met by asking people who commit violence to accept responsibility for their actions and make amends in ways that are meaningful to those they have hurt—none of which happens in the context of a criminal trial or a prison sentence.
This collection of essays on restorative justice surveys the different contexts in which restorative justice can be utilized in the practice of law and elsewhere. Restorative justice is itself an elusive concept and the essays show how the meaning of restorative justice can shift depending upon the needs of the parties and the community. Restorative justice is not only related to criminal law and corrections. It is related to all aspects of life and law, including civil disputes, civil rights, interpersonal relationships, and personal growth and self-awareness. Consequently, the essays roam over many fields: housing discrimination, family disputes, the war on drugs, the death penalty, juvenile courts, the law school curriculum, torture, immigration, clergy sexual abuse, international conflicts, yoga, and self-healing. The book calls for action as well as reflection. Sheila M. Murphy is a retired Illinois trial judge. She was Presiding Judge of the Markham court. Its jurisdiction consisted of 37 towns and over 1 million people. Among the many cases she heard was the case of Verneal Jimerson who had been condemned to death. His innocence became evident in a de novo hearing and Judge Murphy dismissed his indictment and freed him. In her retirement she assisted Dominique Green advocating against the death penalty in his case in Texas. Dominique s case is the subject matter of a book by Thomas Cahill, A Saint on Death Row. Prior to becoming a judge, Sheila Murphy served as a Cook County Public Defender for seven years and as a panel lawyer for the Federal Defenders of Northern District of Illinois for eleven years. Judge Murphy graduated from Marquette University, where she met her husband, Patrick Racey and De Paul University Law School. In 2014 she was awarded a lifetime achievement award by the Illinois Judges Association. Professor Michael Seng and Adjunct Professor Sheila Murphy designed a unique course in restorative justice at John Marshall Law School in Chicago . Law students learn restorative justice and then bring it to the grade and high schools, communities and courts. Sheila Murphy has lectured on restorative justice in China, the Czech Republic, Ireland, Slovakia, Taiwan, and recently, Norway. Michael P. Seng is a professor at The John Marshall Law School where he teaches a variety of courses focused on constitutional law, civil rights, and comparative law. He is the co-director of The John Marshall Law School Fair Housing Legal Support Center and Clinic. He is also the director of International Student Programs at The John Marshall Law School. Before teaching, he was in private practice and was directing attorney for the Land of Lincoln Legal Assistance Office in Cairo, Illinois, where he litigated many civil rights cases. He was a Fulbright Professor in Nigeria and in the Czech Republic. He is a graduate of the University of Notre Dame and the Notre Dame Law School. He has been teaching restorative justice with Judge Murphy since 2011. "
