Rehabilitative Justice Research Articles

Judicial Mafia and ecological in-justice: Obstacles to policy enforcement in Indonesian forest management and protection

Indonesia is among the eight nations with the greatest forests area in the world. One of the most powerful tools fighting global climate change is forest conservation. Appropriate, prudent, and practical regulations and policies are needed for the protection and preservation of forests. Therefore, Ecological justice-based environmental management is a concern for all nations in the world. To achieve this, regulations and policies must take into account the needs of both people and other forest ecosystem components. This article covers a range of Indonesian laws and policies of crimes related to forest destruction. It identifies three key challenges in achieving ecological justice. The first is the government's intervention and judicial mafia's involvement. The second is ineffective criminal penalties. Punishment for environmental destruction should employ an ecological perspective and a criminal system that promotes corrective justice, restorative justice, and rehabilitative justice. The final challenge is the dominance of political power and government intervention. Political interests influence the bureaucracy's changing tasks and responsibilities and cause the conflict of power.

Implementation of Restorative Justice and Rehabilitative Justice Through the Diversion and Islah Process at Pulang Pisau Police

Implementation of Restorative Justice and Rehabilitative Justice Through the Diversion and Islah Process at Pulang Pisau Police

Alternative Sanctions and their Impact on Societal Security: A Field Study in the Directorate of Juveniles Reformatory in Baghdad

Crime is one of the most severe challenges facing States, and strives to find preventive measures, reduce its seriousness, and prevent them; due to developments, crimes have increased, and emerging new patterns of crimes, there is an urgent need to prevent crimes and reduce their effects. Modernizing its punitive system and diverting it to correctional rehabilitative justice to redress the prejudice caused by the crime and rehabilitate the convicted person by using alternative measures to short-term imprisonment. This research emphasizes alternative sanctions' value to minimizing short-term imprisonment penalties and their impact on societal security through several goals like, the negative consequences, justifications, and alternatives applied in Iraq, to identify their impact on societal security. The research was based on the analytical descriptive curriculum and the sample-style social survey. It was based on an intentional sample of (250) Research staff of the Directorate of Juvenile Reformatory in Baghdad to measure the role of alternative sanctions in the correctional aspect, statistically processed through the program (SPSS), one of our most important findings is that (92.33%) of researchers supported that alternative sanctions has a role to reduce overcrowding in correctional schools, and supported (91%) of researchers that they are prohibited from mixing with depositors, and that (90%) of researchers who supported that the application of the penalties would reduce the problems associated with the sentence of imprisonment, i.e., the researchers emphasized the importance of alternative sanctions to minimize the effects of the short-term imprisonment on the convicted person, his family, and his community.

Beyond Retribution: Exploring Theories of Punishment in Ethics and Philosophy

This research paper delves into the intricate realm of punishment theories within the frameworks of ethics and philosophy, transcending conventional notions of retribution. It embarks on a journey to unravel the multifaceted dimensions of punishment, shedding light on its philosophical underpinnings, ethical implications, and societal ramifications. Departing from traditional retributive paradigms that prioritize vengeance and deterrence, this study navigates through alternative perspectives that advocate for rehabilitation, restoration, and moral transformation. Drawing upon a diverse array of philosophical insights and ethical considerations, this paper critically evaluates various theories of punishment, including consequentialism, deontology, and virtue ethics. It examines how these theories conceptualize the purpose and justification of punishment, contemplating their compatibility with principles of justice, fairness, and human dignity. Moreover, it scrutinizes the practical applications of these theories within contemporary legal systems, assessing their effectiveness in promoting social harmony, individual accountability, and communal well-being. By exploring the complexities of punishment beyond retribution, this research contributes to a deeper understanding of the moral and philosophical frameworks that shape our attitudes towards justice and punishment. It advocates for a nuanced approach that acknowledges the inherent complexities of human behaviour, the potential for redemption, and the imperative of fostering a more compassionate and rehabilitative justice system. Ultimately, this paper endeavours to provoke critical reflection and stimulate discourse on the ethical foundations of punishment, paving the way for a more enlightened and humane approach to justice in society.

The Significance of the Judge within the Choices and Consequences and Prolific Intensive Schemes: International Lessons for England and Wales and Back again

This research paper examines the significance of the judges in the problem-solving courts of England and Wales’s Choices and Consequences (C2) and Prolific Intensive (PI) programmes using the lenses and language of therapeutic jurisprudence. These unique schemes mobilise an intensive combination of strict control measures (with a view to deterring people from reoffending) alongside a personalised package of rehabilitative support overseen by a judge in a problem-solving court. Our findings strongly indicate that the judge-led problem-solving court is the bedrock of the schemes. Acknowledging that this practice relies upon strong leadership from a judge as a community convener with the authority and profile to initiate and sustain the programme, this paper identifies the strengths and barriers that this finding may pose. Our data also points to the difficulties of achieving support for the model at all judicial levels. Readiness (or lack of) within judges in the future could hamper the prospects of both current and new schemes. Moreover, finding a judge with a susceptible personality lowers chances. The authors conclude that the UK’s current punitive, rapid results ethos of the justice system is not working. The international problem-solving court movement has shown that long-term success often ensues when practices are embedded into a broader culture of rehabilitative justice supported by visible communities. By tapping into the broader international community, the key will be a changing cultural process to make keen and compatible judges easier to come by.

Konsep Pidana Rehabilitasi Berbasis Teori Keadilan Bermartabat bagi Pecandu dan Korban Penyalahgunaan Narkotika

The concept of criminal rehabilitation is based on the theory of dignified justice for addicts and victims of narcotics abuse. This study aimed to analyze the implementation of law enforcement and the concept of rehabilitation arrangements based on the theory of dignified justice for addicts and victims of narcotics abuse. This study used a type of normative juridical research with a statutory approach. The data sources in this study used primary and secondary legal materials—data collection techniques using literature study and analyzed using descriptive techniques. The study results showed that the implementation of law enforcement against addicts and victims of narcotics abuse was regulated in Law Number 35 of 2009, which adheres to the rehabilitation justice system and criminal justice. The concept of regulating the rehabilitation of addicts and victims of narcotics abuse was a form of reform of the national criminal law. This update showed the existence of legal policy so that addicts and victims of narcotics abuse were expected not to repeat the crime in the future. Narcotics addicts, based on the theory of dignified justice, were victims who needed physical and psychological treatment.

Restorative Justice Practices: How Effective Are They as An Alternative to Punitive Sanctions in Criminal Justice System?

As crime rates increase in the society, the administrators of criminal justice have more issues to deal with owing to the complexities associated with crime in the contemporary world. If the ultimate goal of the law is to achieve justice, the measures used to achieve same must be channeled to fit into the era of its exigency. Restorative justice sets in as a concept to fill in the lacuna of the previous two approaches namely: Retributive and Rehabilitative Justice System. How then does restorative justice resolve the imbalance of the retributive and rehabilitative justice system? What exactly does restorative justice system advocate? What are the key models to the approach? Are there possible negative sides to it? This article intends to answer these posers by examining Restorative Justice Practices from a perspective that admits a dynamic approach for sanctioning offenders to enforce justice in the modern era.

“Walking in her shoes”: The Impact of Victim Impact Panels on Perpetrators of Intimate Partner Violence

ABSTRACTRestorative justice models have had success with some issues within the criminal justice system; however, advocates and researchers within the intimate partner violence practice community have been reluctant to embrace this model. Criminal justice responses for intimate partner violence continue to be founded on a blend of retributive and rehabilitative justice models. Despite this reluctance, use of the restorative justice intervention of victim impact panels, may have targeted utility for increasing perpetrators’ empathy for their victims. The author 2examined responses from perpetrators who were mandated to participate in a victim impact panel experience as part of the coordinated community system response to intimate partner violence.

Megan's Law and Durkheim’s Perspective of Punishment: Retribution, Rehabilitation or Both?

<p>The victimization of Adam Walsh, Jacob Wetterling and Megan Kanka has been instrumental in designing sex offender laws. Registration and Community Notification Laws (RCNLs) are informally known as Megan’s Law (Terry 2011.) This paper explores sex offender legislation from the Durkheimian framework of retribution versus rehabilitation. In this paper I attempt to answer the research question: Does sex offender legislation respond to the diluted stance of punishment, which Durkheim envisioned is characteristic of modern societal sentiments (rehabilitation replacing retribution)? Why or why not? I first outline a brief history of sex offender legislation, followed by a discussion of select characteristics of societies that exhibit retributive and rehabilitative justice. Based on scholastic evidence presented in this paper, I conclude the punitive tendencies of current sex offender legislations are more retributive than rehabilitative. Current policies do not conform to the progress of punishment which Durkheim envisioned is concomitant to social evolution, and in many ways, demonstrates taking a step backwards.</p>

Does and Should International Law Prohibit the Prosecution of Children for War Crimes?

© The Author, 2017. Published by Oxford University Press on behalf of EJIL Ltd. This article investigates whether international law prohibits the prosecution of children for war crimes and, if it does not, whether it should do so. In particular, the interplay between restorative and retributive post-conflict justice mechanisms, on the one hand, and juvenile rehabilitative justice mechanisms, on the other, is discussed in detail. The article suggests that in certain, narrow, circumstances children having committed war crimes should be prosecuted.

A Rehabilitative Justice Pathway for War-Traumatized Offenders Caught in the Military Misconduct Catch-22

The United States and Canada, among others, have recognized that “misconduct stress behaviors” can be a “hidden” by-product of war-zone deployments. The American military’s paradigm of punishment over treatment creates a “military misconduct Catch-22,” in which the service member’s treatment need is identified as a result of, or only after, violations of military law. Civilian society then bears the justice, familial, and social costs of the military’s failure to address combat stress–based misconduct. As an alternative to existing punitive military pathways, we propose a rehabilitative justice pathway that builds on the successes of civilian criminal justice mental health courts—to be implemented during active duty service, before separation from the Armed Forces. The approach, predicated on the circumstances of each case, promotes resilience, honorable discharge, and successful reintegration of service members into society.

Nigerian Prison Reformation: A Necessity Not A Luxury

This article addresses one of the many issues of Nigerian prisons conditions utilizing helpful equity activity against the conventional criminal equity framework, which puts much accentuation on the awaiting trials and the accused person in the prison facilities and subsequently making prison population to increase. The re-integrative Rehabilitation theory was utilized to support the discussion. Logically, to reestablish equity is to correct offenders and degenerates, and re-set up and revivify repelled connections and breakdown of law and order in society. Rehabilitation is a developing non-caretaker, non-reformatory and humanistic procedure for the treatment not punishment of offenders without recourse to legal battle that often results in remanding one party in prison custody. Considering the encompassing merits of rehabilitation justice, there is an urgent need to officially integrate this alternative to incarceration intervention programme into the Nigerian legal system, as this will go a long way in decongesting the seemingly overpopulated correctional institutions in Nigeria. The rehabilitation/restorative justice facilitators, victims and their families, offenders and their families, and ‘community’ as a sole owner of every individual living in it, collectively strive to restore justice, order, security, property, and core values in Nigeria.

Moving upstream: why rehabilitative justice in military discharge proceedings serves a public health interest.

The cultural divide between US military and civilian institutions amplifies the consequences of military discharge status on public health and criminal justice systems in a manner that is invisible to a larger society. Prompt removal of problematic wounded warriors through retributive justice is more expedient than lengthy mental health treatment. Administrative and punitive discharges usually preclude Department of Veterans Affairs eligibility, posing a heavy public health burden. Moving upstream--through military rehabilitative justice addressing military offenders' mental health needs before discharge--will reduce the downstream consequences of civilian maladjustment and intergenerational transmission of mental illness. The public health community can play an illuminating role by gathering data about community effect and by advocating for policy change at Department of Veterans Affairs and community levels.

Jail and Prison Overcrowding and Rehabilitative Justice Programs

Jail and Prison Overcrowding and Rehabilitative Justice Programs

When Individual Differences Demand Equal Treatment: An Equal Rights Approach to the Special Needs of Girls in the Juvenile Justice System

This article argues that disparities girls face in the juvenile justice system can be remedied by employing equal rights analysis including the federal Equal Protection Clause, state Equal Rights Amendments, and Title IX of the Education Amendments of 1972. Unlike the adult prison context, in which equal protection and Title IX have had limited success, the juvenile justice system is premised on individualized rehabilitative justice. Where differences between male and female offenders have undermined equal rights challenges in the adult arena, in the juvenile justice system differences among individual youth are acknowledged, and dispositions are driven by those individual needs. Under that individualized approach, equality means attending to the gender specific needs of girls. The article addresses the two situations in which the juvenile justice system treats girls most inequitably: development of specialized programs for boys that exclude girls, and providing girls with the same programming as boys without modification to address gender needs.

Family Harmony or Individual Protection?

Domestic violence situations create tough choices between protecting an individual's safety and fostering family harmony and autonomy. Using a sample of 157 adult residents of Georgia, this study examines how the public wants the police and court to handle domestic violence situations. Respondents read a detailed story about a domestic violence situation and then recommended how the police and court should handle the situation. The majority of respondents wanted the police and the courts to provide referrals to marriage counseling; only 26% of the respondents recommended arrest when the wife had moderately severe injuries. Respondents based their preference for arrest or informal methods on their fairness and on their effectiveness at reducing conflict. These findings suggest that the public may still place more importance on rehabilitative justice than on retributive justice. Moreover, the public recognizes the victim's need for protection but still places much importance on family autonomy and harmony. Practical implications and future research directions are discussed.