scholarly journals Old Wine in New Wineskins? A Trial of Restorative Justice in a Korean Criminal Court

2018 ◽  
Vol 5 (2) ◽  
pp. 391-411
Author(s):  
Won Kyung CHANG
Keyword(s):  
Restorative Justice ◽  
Criminal Court ◽  
District Court ◽  
Criminal Trials ◽  
Face To Face ◽  
Local District ◽  
Informal Process

AbstractThe concept of restorative justice emerged from efforts to find an alternative to the traditional punitive, retributive reaction to crime. The belief that face-to-face meetings are able to address the diverse needs of all involved parties has eventuated in the proposal of an informal process to discuss the aftermath of crime. One local district court in Korea was very keen to test this process and conducted a project to examine the applicability of restorative justice in Korean criminal trials. Investigating the processes and outcomes of this project, this study identifies challenges in officially adopting such a programme in Korea. In particular, this study raises questions regarding what form of justice Korean citizens truly desire.

PENYELESAIAN SENGKETA PEMILU AKIBAT PENGGELEMBUNGAN SUARA DI KABUPATEN TAPIN

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Gusti Muhammad Ihsan Perdana
Keyword(s):  
Time Trial ◽  
General Election ◽  
The Other ◽  
District Court ◽  
Criminal Trials ◽  
Criminal Offense ◽  
Criminal Charge ◽  
The Future ◽  
The Republic ◽  
Legislative Election

 Legislative election in distric Tapin was spotted with a vote, conducted by members of the Commission, M. Zainnoor Wal Aidi Rahmad win a legislative candidate from the Golkar Party, namely Bambang Herry Purnama the 2014-2019. Elections Honorary Council for General Election Organizer of the Republic of Indonesia as No. 15 / DKPP-PKE-III / 2014 has imposed sanctions on Zainnoor Wal Aidi M. Rahmad form of dismissal remain as a member of the Tapin district Elections Commission since the verdict was read. Rantau’s District Court in its decision No. 135 / Pid-Sus /2014/PN.Rta, Bringing the sanctions in the form of imprisonment for 10 months with the criminal provisions do not need to be run in the future unless is another command in the verdict that convicted before time trial during the 12 (twelve months) ends have been guilty of a criminal offense and a fine of Rp. 10,000,000.00 (ten million). Dismissal sanctions remain to perpetrators as member of the district KPU Tapin have sense of fairness, but the connection with the criminal charge of criminal trials less reflectjustice for his actions that allow offenders not sentenced to imprisonment and the other party can not do the same.Keywords: Elections Tapin distric, Inflation Voice, Sanctions

‘I Would Have Been Able to Hear What They Think’: Tensions in Achieving Restorative Outcomes in the English Youth Justice System

Youth Justice ◽  
2011 ◽  
Vol 11 (3) ◽  
pp. 250-265 ◽  
Author(s):  
Alex Newbury
Keyword(s):  
Restorative Justice ◽  
Justice System ◽  
Young Offenders ◽  
Structured Interviews ◽  
Youth Justice ◽  
Face To Face ◽  
Present Practice ◽  
English System ◽  
Youth Offender

This article presents findings from in-depth, semi-structured interviews with young offenders and Victim Liaison Officers, and observations of youth offender panels. It focuses upon the attitudes of young offenders towards victims and their reactions to the prospect of meeting the victim of their offending face-to-face as part of their referral order. Significant tensions between the aspirations of restorative justice and the reality of present practice in the English system are examined. The article proposes change in relation to justice disposals for incipient young offenders, particularly in relation to the ubiquitous use of restorative justice approaches for this group.

scholarly journals Trial and (Potential) Error: Conflicting Visions on Reparations Within the ICC System

2018 ◽  
Vol 29 (3) ◽  
pp. 221-248 ◽  
Author(s):  
Alina Balta ◽  
Manon Bax ◽  
Rianne Letschert
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Court Decisions ◽  
Criminal Trials ◽  
Conflict Situations ◽  
International Criminal Trials

Twenty years ago, the International Criminal Court (hereinafter ICC or the Court) was established holding the aim of placing victims at the heart of international criminal justice proceedings and delivering justice to them through, among others, reparations. Article 75 of the Rome Statute lays out the reparations regime, and, in practice, court-ordered reparations are a means of delivering such justice. Focusing on Court decisions on reparations, our analysis takes stock of all developments before the ICC and attempts to highlight the mismatch between characteristics inherent to the objectives of international criminal trials such as providing accountability and punishment of the accused and delivering justice for victims of mass crimes—the so-called procedural challenges. We also submit that the Court is facing conceptual challenges, related to an apparent misunderstanding of the various concepts at stake: reparations as such and the various modalities and channels of enforcing them. We conclude that although the ICC’s reparation regime may not be the best reparative response to provide justice to victims in conflict situations affected by mass victimization, we suggest that improving the ICC’s approach includes, at a minimum, tackling these challenges.

Developmentally and Trauma-Sensitive Courtrooms

2016 ◽  
Vol 59 (6) ◽  
pp. 779-795 ◽  
Author(s):  
David A. Crenshaw ◽  
Lori Stella ◽  
Ellen O’Neill-Stephens ◽  
Celeste Walsen
Keyword(s):  
United States ◽  
Developed Countries ◽  
The United States ◽  
Criminal Court ◽  
Child Witnesses ◽  
Family Court ◽  
Humanistic Psychology ◽  
Child Victims ◽  
Court System ◽  
Criminal Trials

Courtrooms in the United States whether family court or criminal court fall far short of being either developmentally or trauma sensitive. While there is growing recognition that vulnerable child witnesses are at risk of retraumatization by court procedures and some judges have used their discretionary powers to render courtrooms less toxic to children, the system was designed by adults for adults, and certainly not for children. The court process especially in criminal trials does not typically take into account the developmental constraints of children nor do they fully understand trauma in children and the risks to testifying child witnesses. Humanistic psychology has long stood for social justice and compassion toward our most vulnerable humans, especially children, but the long and slow-to-change traditions of the court system in the United States creates an environment that is inhospitable to children and even older victims as illustrated by the low rate of prosecutions in rape cases. This article outlines the distressing conditions that await child victims/witnesses in this country in comparison with other developed countries and an innovative, out-of-the box solution that does not interfere with the rights of the accused.

s.VI Narratives, Ch.22 Historical Reasoning and Judicial Historiography in International Criminal Trials

2020 ◽  
Author(s):  
Priemel Kim Christian
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
Criminal Trials ◽  
High Profile ◽  
Historical Reasoning ◽  
Judicial Proceedings ◽  
Day To Day Operations ◽  
Post War ◽  
Nazi Era

This chapter explores the overlaps and differences between historical reasoning and judicial historiography. It takes the reader from Nuremberg to the International Criminal Court to show that judicial proceedings have been a major site for the development of both micro- and macro-level histories, sometimes problematically so. The chapter addresses if, how, and to what extent macro-historical interpretations permeated the high-profile proceedings at Nuremberg and Tokyo and helps explain their dynamics and outcomes. This pattern was repeated in domestic trials of Nazi-era crimes throughout the post-war decades, yet largely overlooked in the creation and day-to-day operations of the ad hoc tribunals that sprang to life in the 1990s and early 2000s. To conclude, the chapter suggests that this unawareness may explain some of the Tribunals’ shortcomings and needs to be reflected by both lawyers and historians if the ICC is to avoid even more criticism than that levelled against it since its inception.

scholarly journals Effects of face-to-face restorative justice on victims of crime in four randomized, controlled trials

2006 ◽  
Vol 2 (3) ◽  
pp. 407-407 ◽  
Author(s):  
Lawrence W. Sherman ◽  
Heather Strang ◽  
Caroline Angel ◽  
Daniel Woods ◽  
Geoffrey C. Barnes ◽  
...  
Keyword(s):  
Randomized Controlled Trials ◽  
Restorative Justice ◽  
Controlled Trials ◽  
Face To Face ◽  
Randomized Controlled ◽  
Victims Of Crime

The Impact of Participation in Victim-Offender Mediation Sessions on Recidivism of Serious Offenders

2018 ◽  
Vol 62 (12) ◽  
pp. 3910-3927 ◽  
Author(s):  
Lynn Stewart ◽  
Jennie Thompson ◽  
Janelle N. Beaudette ◽  
Manon Buck ◽  
Renée Laframboise ◽  
...  
Keyword(s):  
Restorative Justice ◽  
Community Supervision ◽  
Matched Sample ◽  
Violent Crimes ◽  
Face To Face ◽  
Serious Crime ◽  
Significant Difference ◽  
Matching Procedure ◽  
Serious Offenders ◽  
The Impact

The federal correctional agency in Canada offers victim–offender mediation services to address serious crime. The current study used survival analysis to compare revocation rates of 122 offenders who participated in facilitated face-to-face meetings to a matched sample of 122 of non-participants. Results indicated that there was no significant difference between revocation rates when offenders participated while incarcerated, although the trend was that participants did better. When the meetings were held in the community post-release, however, participants were significantly more likely to spend a longer period of time under supervision in the community without returning to custody and were less likely to be revoked than their matched counterparts. The findings support participation in restorative justice sessions while under community supervision for higher risk offenders with histories of serious and violent crimes. The authors discuss how factors not controlled in the matching procedure may have contributed to this effect.

scholarly journals Victim Evaluations of Face-to-Face Restorative Justice Conferences: A Quasi-Experimental Analysis

2006 ◽  
Vol 62 (2) ◽  
pp. 281-306 ◽  
Author(s):  
Heather Strang ◽  
Lawrence Sherman ◽  
Caroline M. Angel ◽  
Daniel J. Woods ◽  
Sarah Bennett ◽  
...  
Keyword(s):  
Restorative Justice ◽  
Experimental Analysis ◽  
Face To Face ◽  
Quasi Experimental

Reparation to Victims of Sexual Violence: Possibilities at the International Criminal Court and at the Trust Fund for Victims and Their Families

2007 ◽  
Vol 20 (1) ◽  
pp. 207-237 ◽  
Author(s):  
ANNE-MARIE DE BROUWER
Keyword(s):  
Sexual Violence ◽  
Restorative Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Special Focus ◽  
Trust Fund ◽  
Female Survivors

In this contribution the reparation possibilities for victims of sexual violence at the Inter-national Criminal Court and at the Trust Fund for Victims and their families are explored. This is done by explaining first of all why victims of sexual violence – and especially women – are in urgent need of reparation during and after conflict, with a special focus on the situation of female survivors of sexual violence in Rwanda. The reparation possibilities for victims of sexual violence at the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda are subsequently discussed, followed by a similar discussion with regard to the ICC. Questions such as the nature of the best forms of reparation for victims of sexual violence and at what point they are made are also dealt with. Although the ICC reparations regime offers in theory a good means of providing restorative justice to victims of sexual violence, it is important that the special concerns and needs of such victims are not easily overlooked by the Court and that swift action is taken by the Trust Fund for Victims and their families to address their plight.

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