Restorative Justice Principles Research Articles

ELA as English Language Abolition: Toward a Pedagogy of Communicative Belonging

AbstractRacialized notions of language and literacy are harmful to children in U.S. schools, and English Language Arts is a primary site whereby white supremacist language ideologies are enacted and justified, being most harmful to Black, Indigenous, and other students of Color. The authors—Mariana Souto‐Manning, Danny C. Martinez, and Adam D. Musser—former ELA teachers and current university‐based educators committed to the pursuit of justice, are motivated by the questions What can we do? and What should we do? in response to this harm. This conceptual article briefly traces the history of harm embedded in ELA classrooms before theorizing a debordering of English Language Arts and advancing a healing pedagogy for communicative belonging. Guided by the restorative justice principles of harms, needs, and obligations, it engages quilting as metaphor and process. Through quilting, the authors inquire into the harms of ELA as a disciplinary project rooted in exclusion, anti‐Blackness, and colonialism. Undertaking reparative caring and attending to Black, Indigenous, and other students of Color often unaccounted for in education reforms, Souto‐Manning, Martinez, and Musser advance ELA as English Language Abolition, seeking to abolish tokens of diversity in ELA classrooms and create spaces for true belonging via collaborative, future‐oriented work. Ultimately, while recognizing that the future imaginings of communicative belonging are part of a utopian project that imagines learning ecologies freed from and free of colonial and white logics, this article forwards a healing pedagogy of communicative belonging, offering the potential to abolish the harms long perpetrated in ELA classrooms by dominant conceptualizations of ELA.

Implications of Renewal System of Criminal Justice Based on the Principles of Restorative Justice on The Role of Probation and Parole Officer

In Indonesia, criminal law reform is manifested in plans to amend several laws and regulations, including the Criminal Code, the Criminal Procedure Code, and the Correctional Law. In addition, several criminal justice sub-systems have issued policy regulations that put forward the principle of penal mediation to accommodate the limitations or shortcomings of formal criminal law in resolving criminal cases. These various steps of change put forward a value known as restorative justice. The concept of restorative justice, which contains two main principles, namely participation, and recovery, always requires the role of Probation and Parole Officer as stated in the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System. The formulation of the following research problem is how the implications of reforming the criminal justice system based on the principles of restorative justice on the role of the Probation and Parole Officers. The purpose of this study was to determine the projected implications of reforming the criminal justice system based on the principles of restorative justice on the role of Probation and Parole Officers. This research is descriptive normative legal research. The results of the study indicate that Probation and Parole Officers have the potential to obtain strengthening of duties and functions in particular from the three main aspects of reform, namely strengthening alternative disposal, the existence of sentencing guidelines, as well as supervision and guidance in the implementation of various types of punishments and treatments. The expansion of these tasks and functions indicates the urgency of optimizing the fulfillment of technical and facilitative needs for the Probation and Parole Officers.

Diversion and Restorative Justice: Salt Lake Peer Court Disrupting Disproportionate Minority Contact?

There is an increased acceptance of youth courts grounded in restorative justice principles to divert first-time nonviolent offenders away from formal juvenile court entry. Research assessing the effectiveness of various teen/peer courts is mixed, and focuses mainly on recidivism. This study analyzes 2010 to 2016 Salt Lake Peer Court data to examine the relationship legal and extralegal variables have on the participation in and completion of this diversionary program for first-time youth offenders. Overall, legal factors affected outcomes more than extralegal factors. Gender proved insignificant in both models with race, age, and school socioeconomic status (SES) producing varied significant effects in outcome models. Offense severity produced consistent strong significant effects across model outcomes. Implications of the study point to the possibilities of peer courts for reducing disproportionate minority contact.

Legal Certainty in Settlement of Criminal Cases through Restorative Justice

This article tries to examine the core of the problem, on how legal certainty is implemented in criminal case settlement through the principle of restorative justice. This research is doctrinal legal research that uses a legal approach in addition to a conceptual approach. Meanwhile, the analysis is carried out through qualitative analysis and grammatical interpretation, as well as systematic interpretation. The systematic interpretation is carried out by interpreting laws and regulations as part of the overall system of laws and regulations by connecting them with other laws logically and systematically. This article ends with a suggestion that there is a need for uniformity in regulations regarding the settlement of criminal cases through restorative justice so that it can provide legal certainty to victims and also perpetrators of criminal acts whose cases are resolved through restorative justice.

How New Jersey Can Reform its Juvenile Sentencing Strategies Using Religious Principles of Restorative Justice

How New Jersey Can Reform its Juvenile Sentencing Strategies Using Religious Principles of Restorative Justice

Developing a High Touch Model for Misconduct Processes

Using principles of restorative justice and best practices, we developed a new administrative model for misconduct procedures, with some significant success in reducing recidivism and increasing awareness amongst faculty and students. Key aspects included low barriers for instructors to report issues and semi-scripted student interviews for each offense. Though this 'high touch' model may not be fully scalable to all academic units, the interviewing process was particularly effective at identifying issues with student well being and academic struggles, allowing us to put students in touch with additional resources. We were also able to identify issues with instructions to students on exams and mistakes by instructors, which we used to inform faculty and prevent possible future harm to students. For these reasons, we advocate for a high touch approach to misconduct at an early stage of reporting.

PERAN UNIT PPA DALAM MENERAPKAN TEORI RESTORATIVE JUSTICE PADA TINDAK PIDANA PENCURIAN TERHADAP PELAKU ANAK DI KOTA GORONTALO

This study aims to find out and analyze how the role of the women’s and children’s service units in the application of the principle of restorative justice in criminal acts of children as perpetrators and what factors are obstacles to women’s and children’s service units in the application of the principle of restorative justice in criminal acts of children as this research is empirical to achieve this goal the authors use data collection techniques in the form of unterviews and ask for data from the women’s and children’s services Unit in Gorontalo City Police The Results of the study show that the role of the PPA unit is to carry out a mediation process in accordance with the custom of deliberation. In applaying the principle of Restorative Justice in Gorontalo City carried out by the police that is done through activities such as mediation of victims with perpetratos/violators,and family group deliberations, which are of a recovery nature for both victims and perpetrators. Factors which become obstacles for the Womens and Children’s Services Unit in applying the principle of restorative justice in child crime as a perpetrator,namely when inviting the victimand his family which at that time were still not received with the existence of a criminal offense committed by the pretrator as well as finding the address of the victim and suspects where if providing incomplete address, making it difficult for the police in solving problems that occur between victims and perpetrators

Environmental Crime and Law Enforcement in Indonesia: Some Reflections on Counterproductive Approaches

The enforcement of environmental law in Indonesia shows a contradictory nature. The exploitation of natural resources by corporations has caused unparalleled disasters. Yet, the perpetrators, especially those corporations who work in collective, are rarely able to be persecuted. This research aims to examine the obstacles to environmental law enforcement in Indonesia and analyze the ideal environmental law enforcement model for future use. This research uses a qualitative approach which examines the concepts related to the ideal law enforcement for the future (ius constituendum). Our examination finds that there are three main obstacles in enforcing environmental law in Indonesia: the inability to deal with corporations which have strong political backing, overlapping authorities in the process of crime investigation, and difficulties faced by law enforcement officers in finding evidence. In light of these findings, we propose a model of legal protection for victims of pollution and/ or environmental destruction using the principle of restorative justice. In this model, judges can represent facilitators from the state for the initial stage. The value of this model is that rather than only pursuing punishment for the perpetrators, it shifts the focus towards providing compensation for the victims by the perpetrators.

AS PRÁTICAS RESTAURATIVAS COMO ACESSO À JUSTIÇA E SOLUÇÕES DE CONFLITOS NO ÂMBITO DA LEI 11.340/2006

The present work entitled “Restorative practices as access to justice and conflict solutions under Law 11.340 / 2006” intends to analyze the feasibility of implementing public policy in domestic conflicts based on the Maria da Penha Law and Resolutions 125 and 225 of CNJ. In the same vein, the intention was to observe the evolution of the respective legislation, the challenges faced by the victims in moments of social isolation, as well as the characteristics and principles of Restorative Justice, with a focus on enforcement. Thus, the question arises: is it possible to apply Restorative Justice as a public policy in cases of domestic violence aimed at access to justice and the pacification of conflicts? For the development of this research the deductive approach will be used and as for the method of procedure, this will be the bibliographic. Keywords: Restorative Justice. Maria da Penha Law. CNJ Resolution 125. CNJ Resolution 225. &nbsp

Successful Family-Driven Intervention in Elder Family Financial Exploitation: A Case Study.

The prevalence and consequences of elder family financial exploitation reinforce the need for a range of effective intervention strategies. This article describes how and why one family successfully intervened in the family-based financial exploitation, constructing, and achieving meaningful processes and outcomes for the specific family and context. Case data analysis and interpretation were guided by Stake's (2015) systematic phases of case summary (factual information), inductive case themes (issue relevant meanings), and case features (abstractions to the existing knowledge). The case was selected from a larger study examining the meaning and experience of elder family financial exploitation based on the following case boundaries: reliance on family members with minimal private sector support, no report to the authorities, and successful outcomes for the victim, perpetrator, and the family system. The case family successfully resolved family-based financial exploitation by (a) honoring the victim's wishes, (b) providing support and accountability for the perpetrator, (c) restoring family relationships and functioning, and (d) family-driven decision making. A family systems approach and the application of restorative justice principles are identified as overarching case features. As a study of a previously undocumented experience of successful family involvement, the case findings are useful for researchers and practitioners when constructing and examining the effectiveness of future intervention strategies.

What of the Child? Preventing the Publication of Children's Names After the Age of 18

Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.

Analisis Penerapan Prinsip Keadilan Restoratif Pada Anak Pelaku Tindak Pidana Perjudian

Gambling is a crime whose form of action is mostly wrapped in the form of games, so it is easy to lure children to fall into a criminal consequence. Gambling is basically a victimless crime, so to reach a diversion agreement, it does not require the consent of the victim or the parents of the guardian/victim. If implemented consistently, this will provide a great opportunity for children who are perpetrators of gambling crimes to produce diversion agreements and prevent children from coming into contact with the criminal justice process. This is in line with restorative justice which is the legal goal of the juvenile criminal justice system. The problem in this study is to further examine the application of the principle of restorative justice by elements of the criminal justice system in dealing with children who are perpetrators of gambling crimes. The type of legal research conducted is normative juridical. The problem approach used in this research is an analytical approach. The data used in this study is secondary data. The legal analysis carried out is expected to be able to provide juridical arguments against several decisions related to the problems that are the object of this research. Of the three cases of child gambling examined in this study, it shows that there is a uniformity of approach taken by elements of the criminal justice system in dealing with child gambling offenders. Both investigators, public prosecutors, and judges are still ignorant of the diversion rights that have been regulated in the SPPA Law. As a result, children must come into contact with criminal justice processes that should be avoided in the best interests of children. After the Constitutional Court Decision stating that Articles 96, 99, 100, and 101 of the law no. 11 of 2012 concerning the juvenile criminal justice system are contrary to the constitution, it is necessary to create a control mechanism that is able to maintain the performance of elements in the juvenile criminal justice system in accordance with the objectives of the juvenile criminal justice system which prioritizes restorative justice.

Juridical Analysis Of The Effectiveness Of Termination Of Prosecutions Based On Restorative Justice

The purpose of this research is to find out and analyze the effectiveness of stopping prosecutions based on restorative justice. To find out and analyze the process of discontinuing prosecution for termination based on restorative justice in terms of the principles of restorative justice. The approach method used in this research is a sociological juridical method (Sociological Research).Based on the results of this study it was concluded that effectiveness of the termination of prosecution based on Restorative Justice is carried out by taking into account the interests of the victims and other protected legal interests; avoidance of negative stigma; avoidance of retaliation; community response and harmony; and propriety, decency, and public order. The process of discontinuing prosecution based on restorative justice has met the requirements of the principle of restorative justice, namely that the Public Prosecutor offers peace efforts to Victims and Suspects. The Public Prosecutor shall summon the Victim legally and appropriately by stating the reason for the summons. In the event that it is deemed necessary, peace efforts may involve the families of the Victim/Suspect, community leaders or representatives, and other related parties. The Public Prosecutor shall notify the aims and objectives as well as the rights and obligations of the Victims and Suspects in peace efforts, including the right to refuse peace efforts. In the event that the peace effort is accepted by the Victim and the Suspect, the peace process will be continued.

Historical Context of Counterterrorism Measures in Nigeria and The Need for Restorative Justice

Many approaches have been adopted to address the problem of terrorism in Nigeria, but none seems to be very effective in totally eradicating terrorism and its despicable effects on the safety and well-being of the people. To prevent the prevailing cycle of retribution and violence, the author makes a case for the employment of restorative justice principles and practice in responding to terrorism. Restorative justice is a contextualized and negotiated justice system that seeks to restore a sense of harmony and well-being among all those affected by the harmful act. All the primary stakeholders to the conflict, namely the victims, offenders, the affected community and relevant governmental agencies must actively participate in the definition of the harm, and the search for a resolution acceptable to all concerned. This article examines the military, criminal justice and conciliatory counterterrorism models employed by various government administrations in Nigeria starting from the 1980’s until the present time. It theoretically analyzes restorative justice and Amalatocracy , as alternative measures to countering terrorism in Nigeria. Relying on secondary data from open-source historical documents, existing literature, various government sites and other databases, it concludes that a combination of synchronized policies that suits the national circumstances of Nigeria could be effective. The findings emphasize the need for government leaders, policy makers, and researchers, to support the adoption of the tenets of restorative justice in countering terrorism. Keywords: Terrorism, Restorative Justice, Amalatocracy , Counterterrorism, Re-integrative Shaming, Repressive Measures, Retribution, Nigeria DOI: 10.7176/PPAR/11-4-08 Publication date: May 31 st 2021

LEGAL CAPACITY OF PARTIES WITH INTELLECTUAL, PSYCHO-SOCIAL AND COMMUNICATION DISABILITIES IN TRADITIONAL COURTS IN KWAZULU-NATAL

According to the Committee on the Rights of Persons with Disabilities, article 12 of the Convention on the Rights of Persons with Disabilities specifies that all people everywhere have a right to equal recognition before the law and that there are no circumstances in which this right may be limited. However, General Comment 1 of the CRPD Committee indicates that globally persons with cognitive and psychosocial disabilities are frequently denied legal capacity. This article sets out to explore the current situation and legal imperatives regarding the legal capacity of persons with intellectual, psycho-social or communication disabilities in traditional courts in KwaZulu-Natal. Traditional courts operate in some rural areas of South Africa and are presided over by a chief and a traditional council. These traditional courts are the closest and cheapest dispute resolution forum in rural areas and utilise restorative justice principles. The legal test for mental and legal capacity in formal courts is not applied in traditional courts. This article reports on research conducted by an NGO in KwaZulu-Natal that found evidence of negative attitudes and a lack of knowledge regarding accessibility and reasonable accommodation among traditional leaders. In these courts, persons with disabilities are not accepted as equal before the law. In some proceedings in traditional courts, an adult with a disability (male or female) is treated as a minor and is required to be represented by a parent or a male member of the family without a disability. A short summary of pertinent aspects of the Traditional Courts Bill indicates the scope for improvement in relation to full participation and equality before the law. We submit that South Africa’s implementation of the relevant international and regional law obligations under the CRPD and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities is found wanting, including a lack of appropriate training of traditional court personnel and a lack of awareness of the equal recognition of legal capacity among families supporting persons with disabilities.

Reconstruction of Land Exertion for Investment

This study aims to determine the basis of welfare, so the nature of investment in land is placed in the basic values ​​of Pancasila and the 1945 Constitution. The type of research used is normative legal research using a statutory approach. The results show that the concept of diversion through the principle of restorative justice for criminal acts against property has actually been practiced by indigenous peoples in Indonesia since ancient times and is still practiced today, but in the Indonesian legal system or the criminal justice system has not been explicitly regulated in statute form. The use, application and regulation are still at the level of discretion in each law enforcement agency in accordance with the internal rules that bind the respective law enforcement agencies. For this reason, to implement the values ​​contained in Pancasila and the mandate of the state constitution, economic law in the investment sector must be directed at encouraging balanced economic growth, prosperity, and equal distribution of opportunities. In this regard, the obligation to have social and environmental responsibility must be implemented in any investment activity that uses the land as a production factor by giving local governments the role of supervising the implementation level.

Focus on victims and the community: applying restorative justice principles to wildlife crime offences in South Africa

Focus on victims and the community: applying restorative justice principles to wildlife crime offences in South Africa

Potensi Penanganan Pidana Harta Benda melalui Konsep Diversi

This study aimed at examining how and is it possible the setteling property crimes with the concept of diversion through the principle of restorative justice. This was the normative research, with the concept, historical, philosophy. Data were collected using the documentation studies and interviews. The sources of the data were analyzed by description, comparison, evaluation, and argumentation. The research results incicate that deliberation to reach consensus by involving victims, perpetrators and their families, law enforcement officials and third parties is the spirit of the concept of diversion through the principle of restorative justice. The deliberation proces between the prepetrator and the victim and/or the victim‘s family is carried out freely with the principle of equality and balance, so that the resulting decisions reflect justice, benefit and legal certainty. The concept of diversion through the principle of restorative justice for property crimes, has essentially been practiced customary law communities in Indonesia have long been and are still practiced, however, the Indonesian legal system or the criminal justice system has not been strictly regulated in the from of a law. The use and application and regulation are stillat a discretionary level in each law enforcement agency.

Youth Justice Reforms in Norway: Professional Support for the Panopticon Society?

In 2014, Norway implemented a reform called ‘Youth supervision’ and ‘Youth sentencing’, inspired by restorative justice principles. This article presents the main content of this reform and considers experiences until today. The discussion looks at some challenges related to the reform: Will reduced imprisonment be the result? Do we see the contours of a panopticon society through this reform? Can young offenders be ‘trapped in help’, without necessary legal protection? Is there a danger of professional invasion, where diagnostic perspectives will dominate? These questions are discussed against international experiences on restorative justice reforms.

Introduction: The University We Want

Introduction: The University We Want Timothy Shenk (bio) It’s over, kind of. After more than a year of Zoom purgatory, millions of Americans—students, faculty, administrators, and all the workers who make a modern university run—are heading back to campus. In this special section of Dissent, we take a close look at the world they’re returning to as higher education stumbles beyond the pandemic. That starts by acknowledging that much of academia today looks the same as it did in March 2020, except with more people wearing masks. Universities are still trying to squeeze every last bit of tuition revenue out of students, whether it’s cash-strapped publics making up for cuts in state funding, ivy-covered privates looking to add an extra billion to the endowment, or for-profits grifting while they can. Deans and sub-deans keep proliferating, while the ranks of the tenured dwindle, adjunctification marches onward, and graduate students ask what they’re supposed to do next. All the old political battles are waiting to be picked back up, only everyone is angrier than they were eighteen months ago, and journalists need to fill a Trump-sized gap in pageviews. It’s as if they all spent the pandemic at home working on their tinderboxes. Now they’re back together waiting to see who remembered the match. Contemplating this gloomy scene, it’s easy to forget that higher education is more than the sum of its scandals. For a country with a reputation of anti-intellectualism, the United States invests an enormous amount in its colleges. And for institutions that are supposed to traffic in the higher things, universities offer an attractive return on the investment. Along with hospitals, they anchor an economy built on eds and meds. They’re incubators for the technologies shaping our lives, from the fetal monitors tracking an unborn child’s heartbeat to the computers that will ruin the poor kid’s brain. They brew ideas that take over political debate: hello, critical race theory. More than ever, they’re where Democrats—and socialists—are made. And they’re still the envy of the world, one of the few pillars standing in the crumbling edifice of American global hegemony—like Hollywood for nerds. Although views on the relative merits of all this will vary, the scale of the thing can’t be denied. [End Page 17] So we won’t try to. Instead, this section will take the beast apart piece by piece. A symposium featuring Tressie McMillan Cottom, Maggie Doherty, Christopher Newfield, Adam Harris, and Nils Gilman takes stock of the changes wrought by the pandemic. Jennifer Mittelstadt and Ian Gavigan explore the prospects for industrial-style organizing within the university, considering what it would take to bind students and all university workers together into a coherent movement. Davarian Baldwin surveys the political economy of higher education in a conversation with Sam Klug. Lyra Walsh Fuchs examines a new frontier in college activism: pathbreaking efforts by feminists to bring the principles of restorative justice to cases of sexual harm while ensuring safety for all. Mike Rose details the obstacles preventing students at community colleges—especially working-class, first-generation students—from turning their education into a tool for social mobility. Michael Kazin and I reflect on the politics of higher education from two sides of the generational divide. And Lucia Geng makes her debut as Dissent’s first college columnist with a report on the strengths and limits of a mutual aid movement that flourished among students during lockdown. Taken as a whole, the section offers a bracing assessment of the state of higher education: clear-eyed in its analysis of the challenges ahead, but unwilling to give up on the possibility of meaningful reform. It’s a section for anyone who has seen how rarely universities live up to their own stated ideals, and how easy it is to twist high-minded arguments into rationales for exploitation. It’s also a section for anyone who believes in what universities could be: a community devoted to human flourishing, where students are invited to join a vital conversation about what makes life worth living. Welcome back to...