scholarly journals Restorative justice and victims: Not a self-evident relationship

Temida ◽  
2006 ◽  
Vol 9 (1) ◽  
pp. 11-20 ◽  
Author(s):  
Antony Pemberton ◽  
Frans Winkel ◽  
Mark Groenhuijsen
Keyword(s):  
Social Psychology ◽  
Theoretical Model ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Traumatic Stress ◽  
Current Knowledge ◽  
The Other ◽  
European Forum ◽  
Victim Services ◽  
Evident Relationship

The two most prominent developments in criminal justice in the last twenty to thirty years are the rise of restorative justice and the recognition and improvement of the position of the victim. The first part of the paper discusses a theoretical model for victims within restorative justice that the researchers at the InterVICT research institute authors of this paper) are developing at this moment. This model incorporates current knowledge from social psychology and studies surrounding traumatic stress and provides a number of hypotheses that will be subsequently evaluated in practice with participants in restorative justice procedures. On the other hand, international legal protocols for restorative justice also lack a consistent victim-oriented perspective. To this end the European Forum for Victim Services has recently published a statement concerning the position of the victim within mediation. The second part of the paper addresses the central issues in this statement. Taken together the paper moves beyond criticism of restorative justice, as it hopes to redirect theory and implementation of restorative justice toward a stronger victim-orientation.

Beyond Ferguson

2017 ◽  
Author(s):  
Priscilla Ocen
Keyword(s):  
Social Psychology ◽  
Criminal Justice ◽  
Critical Race Theory ◽  
Criminal Procedure ◽  
The Other ◽  
Actor Model ◽  
Race Theory ◽  
Institutional Dynamics ◽  
Local Residents

In this chapter, Priscilla Ocen responds to Mona Lynch’s essay by applying Lynch’s social psychology model to recent events in Ferguson, Missouri, and to the problem of discretionary racism more generally. The chapter asks how a social psychology of criminal procedure might illuminate the situated and influential role of race on all the actors that make up the criminal justice drama, including not only police and prosecutors, but also local residents. Ocen argues that the “situated actor” model should take a page from Critical Race Theory (CRT) and include the historical and “macro-institutional dynamics” of race, because “individuals and institutions [in the criminal system] operate in particular political and historical contexts that are deeply racialized.” Ocen also points out that the subjects of the criminal system are themselves situated actors, whose interpretations and operationalization of criminal rules and norms should also be accounted for in empirically rich ways. Ultimately, the chapter makes the case that Lynch’s model and CRT would each gain much from thoughtful engagement with the insights of the other.

scholarly journals Penerapan Sanksi dalam Meminimalisir Kejahatan Anak Ditinjau dari Undang-undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak

FENOMENA ◽  
2018 ◽  
Vol 10 (2) ◽  
Author(s):  
Abnan Pancasilawati ◽  
Muhamad Noor
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Social Integration ◽  
Restorative Justice ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
The Other ◽  
Legal Structure ◽  
The Law

The implementation of legislation either nationally or internationally linked to the implementation of restorative justice as one of the alterntif in the process of implementation of conviction against children in conflict with the law had been applied, but the case has not yet been thoroughly and still limited at the law enforcement officers and observers who are committed and integrity as well as having the attention to this problems. The implementation of restorative justice which is applied at each level of the process of criminal justice in the form of taking back the children to their parents, versioned by handing the children to Panti Sosial Marsudi Putra (PSMP), and the implementation of social integration through giving CB, CMB, and PB for children who are already serving imprisonment. Some obstacle factors the implementation of restorative justice as one of the alternatives in the implementation of conviction against children in conflict with the law, including physical building facilities and non-physical facilities and legal substance. It is because restorative justice has not been expressly regulated, even though in the law nomer 11, 2012 concerning about the Child Criminal System has been regulated but until now it has not been declared valid. The other factors are legal structure and legal culture.

scholarly journals TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA MENURUT SISTEM PERADILAN PIDANA DALAM PERSPEKTIF RESTORATIVE JUSTICE / The Act Of Domestic Violence In Criminal Justice System In Restorative Justice Perspective

2016 ◽  
Vol 5 (3) ◽  
pp. 431
Author(s):  
Ridwan Mansyur
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
The Other ◽  
Criminal Sanction ◽  
Sense Of Justice

Banyak penyelesaian perkara kekerasan dalam rumah tangga yang tidak memenuhi rasa keadilan, terutama bagi korban dan subordinat dalam rumah tangga. Dalam disertasi ini disampaikan hasil yaitu pertama, penyelesaian perkara kekerasan dalam rumah tangga pada kenyataannya diselesaikan melalui Undang-Undang No. 23 Tahun 2004 sebagai lex specialis. Penyelesaian kasus kekerasan dalam rumah tangga berdasarkan aturan tersebut, secara empiris lebih menekankan pada pemidanaannya, sehingga terlihat tujuan preventif, protektif, dan konsolidatif tidak terpenuhi. Kedua, penelitian ini menyimpulkan bahwa kekerasan dalam rumah tangga merupakan perkara dengan multi dimensi penyelesaian karena terdapat sisi lingkup perdata dan di sisi lain lingkup pidana. Oleh karena itu dibutuhkan suatu media di dalam sistem yang dapat mengakomodasi penyelesaian perkara tersebut, yang salah satunya adalah dengan menggunakan pendekatan restorative justice. There are many domestic violence settlements that do not satisfy the sense of justice, especially for the victims and subordinate in the household. The dissertation results: first, the settlement of domestic violence in fact settled by Act No. 23 of 2004 as lex special. The settlements of domestic violence cases based on that rule, empirically emphasis on the criminal sanction, so that the purpose of preventive, protective and consolidative was not rise. Second, the research concluded that domestic violence is a case with the multi-dimensional settlement because there is the scope of the civil and criminal sphere on the other side. Therefore, it needs a medium in the system that can accommodate the completion of the case, which one of them is restorative justice approach.

scholarly journals PERWUJUDAN KEADILAN RESTORATIF DALAM SISTEM PERADILAN PIDANA ANAK MELALUI DIVERSI

2017 ◽  
Author(s):  
Kristina Agustiani Sianturi
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
The Other ◽  
Public Prosecutor ◽  
Juvenile Deliquency ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Law ◽  
And Training

Every year, children in conflict with the law increases so it is needed to handle an alternative in the way to enforce restorative justice. Bill Number 11 0f 2012 concerning Juvinele Justice System which is accomodated to handle Juvenile Deliquency for diversion. This regulation defines diversion is the transfer of the settlement of the child to the criminal justice process outside the criminal justice process. Diversion obligates to be done by officers started from police investigator, public prosecutor until judge. The important of handling of diversion process for children in conflict with the law needed a commitment for every single officers to apply diversion process. On the other hand, education and training should be given to every officers especially police investigator, public prosecutor even judge relates handling children in conflict with the law.

In search of justice for domestic and family violence

2006 ◽  
Vol 10 (1) ◽  
pp. 87-106 ◽  
Author(s):  
Heather Nancarrow
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Family Violence ◽  
Restorative Justice ◽  
Violence Against Women ◽  
Justice System ◽  
Indigenous Women ◽  
The Other ◽  
Women’S Views

In 2000, reports of two Australian taskforce investigations considering justice responses to violence against women contained opposing recommendations about the suitability of restorative justice for cases of domestic and family violence. One taskforce was composed entirely of Indigenous women while the other was predominantly composed of non-Indigenous women. This article analyses interviews with members of each taskforce, confirming a split between Indigenous and non-Indigenous women on the appropriateness of restorative justice in cases of domestic and family violence. There was some agreement between Indigenous and non-Indigenous women's views about the potential for combining elements of the criminal justice system and restorative justice, although this potential was conditional on various factors specific to each group of women.

Addictions and the Criminal Justice System, What Happens on the Other Side? Post-traumatic Stress Symptoms and Cortisol Measures in a Police Cohort

2012 ◽  
Vol 23 (1) ◽  
pp. 22-29 ◽  
Author(s):  
Tammy L. Austin-Ketch ◽  
John Violanti ◽  
Desta Fekedulegn ◽  
Michael E. Andrew ◽  
Cecil M. Burchfield ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Traumatic Stress ◽  
Justice System ◽  
The Other ◽  
Post Traumatic Stress ◽  
Stress Symptoms ◽  
Post Traumatic

Eurasian "Theory of Economy Management" as an Organic Part of the Russian Economic School

2003 ◽  
pp. 95-110
Author(s):  
M. Voeykov
Keyword(s):  
Economic Development ◽  
Theoretical Model ◽  
Initial Step ◽  
State Regulation ◽  
Soviet Economy ◽  
The Other ◽  
Large Share ◽  
Organic Part ◽  
Two Sides ◽  
Enterprise Activity

The original version of "the theory of economy management", developed in the 1920s by Russian economists-emigrants who called themselves "Eurasians" (N. Trubetskoy, P. Savitskiy, etc.) is analyzed in the article. They considered this theory to be the basis of the original Russia's way of economic development. The Eurasian theory of economy management focuses on two sides of enterprise activity: managerial as well as social and moral. The Eurasians accepted the Soviet economy with the large share of state regulation as the initial step of development. On the other hand they paid much attention to the private sector activity. Eurasians developed a theoretical model of the mixed economy which can be attributed as the Russian economic school.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

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