Full-Text Documents at RJ Online

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Anil, Anand. 2008. Community Policing: A Critical Examination of the Rhetorical Extolment of Community Policing as a New Orthodoxy in Law Enfocement. Major paper for LLM at Osgoode Hall Law School.: This paper provides a critical examination of community policing, better characterized as collaborative-policing, by drawing on the experiences and principles of ADR processes such as participatory justice and restorative justice to determine the extent to which collaborative policing practices are being employed to provide fairer solutions for victims, accused, communities and the state. (excerpt)
Armster, Michelle. The Question of Reparations: Armster briefly discusses the World Conference on Racism and the declining support by governments such and the United States and the United Kingdom. She poses several questions for how restorative justice could address the issue of racism
Balahur, Doina. Multidimensional Restorative Justice for Everyone: Romanian developments.: In this intervention, I have taken into account the fact that comparative analysis, regarding the implementation of restorative justice programs and practices, must be accomplished within the framework of the current general trend that exist in the European States, but, wider, of the developments in other cultural areas. (excerpt)
Barendrecht, Hans. Restorative Justice: A Practical Theory.: Barendrecht looks at the 15 aspects of reality defined by Dooyeweerd and how viweing these different aspects helps us to understand crime and justice more fully.
Bartoli, Andrea. Catholic Peacemaking: The Experience of the Community of Sant'Egidio: The Community has been instrumental in the peaceful resolution of the conflict in Mozambique and was able to facilitate dialogue among relevant actors in conflicted countries such as Albania, Algeria, Burundi, Guatemala and Kosovo allowing parties to sign agreements.
Biermans, Nadia And d'Hoop, Marie Nathalie. Development of Belgian Prisons into a Restorative Perspective: Biermans and d’Hoop explore in this paper the development of a restorative approach in the Belgian prison system.
Bohland, Charlyn. 2008. Restorative Justice: A New Approach to Battling Driving Under the Influence of Alcohol. Honors Senior Research Project. University of Akron.: The reality of driving under the influence (DUI) is sobering. Over 17,000 people die each year as a result of preventable alcohol-related crashes. While 1.4 million people are arrested for DUI, there are nearly 159 million others who self-confess to DUI each year. Within three years of being arrested, three-fourths of offenders will be rearrested for DUI. The purpose of this project is to demonstrate the predictable failure of current criminal justice standards, and the hope and promise of a new wave of justice – restorative. Restorative justice focuses on healing the injustice of the crime through direct person-to-person interaction in several different ways –community reparative boards, family conferences, mediations, and victim impact panels. Research is based on a relatively current compilation of national and international studies regarding DUI cases, criminal justice standards, and restorative justice initiatives. Finally, and most importantly, this project presents an adaptable model for dealing with drunken driving offenders, both first-time and repeat offenders, using restorative measures as an effective means of curbing the number of deaths, decreasing recidivism rates, and drastically reducing the number of DUI cases, all while restoring the victim, offender, and community to its original state before DUI tragedies occur.
Braithwaite, John. Standards for Restorative Justice: Braithwaite discusses the benefits and the pitfalls of regulating restorative justice practices. One main concern is power imbalance and control by a governmental regulatory body.
Brookes, Derek. Evaluating Restorative Justice Programs: Brookes discusses the ways in which restorative justice programs are evaluated. He questions the current dependence on certain quantifiable indicators that may leave out certain aspects that create healing and "success" in a restorative programme.
Cannon, Andrew. 2007. South Australia: Nunga Court II – Aboriginal Sentencing Conferences.: The Nunga Court was initiated by Chris Vass SM in South Australia and has been copied with variations to suit local Aboriginal communities around the country. Its success is due to two key factors. One is the involvement of respected community elders to advise the court and to counsel the defendant, including elements of shaming, by making him or her realise the impact of the crime on his or her community. The other is a change of style by the magistrate, who participates more and takes and gives advice. The process is by both these changes is more relevant to the Aboriginal community and less alienating to the defendant. However, the process is defendant focussed, has depended on a few Magistrates who have specialised in this work, and has been relatively time intensive for the Magistrates.
Carey, Mark. Vision Weaving: Proposed Mission & Strategies for a Restorative Justice Campaign: Mark Cary proposes a draft strategic plan for a national or international campaign to firmly establish restorative justice in a justice system still dominated by adversarial, due process, and system-goals thinking. To do that he imagines an international coalition of many groups and individuals, and suggests what that coalition's mission and key strategic goals might be.
Chankova, Dobrinka. Recent Developments in Victim Related Policies in Bulgaria: Chankova outlines Bulgarian legislation dealing with the rights of victims. She outlines the short-comings of practice and potentials of the laws. She also points to the place of NGO's in experimenting with mediation and other alternative methods of dealing with crime.
Chankova, Dobrinka and Emilia Staninska. Bulgaria on the Road to Victim-Offender Mediation: Although in the last decade mediation in all fields (civil, labour, penal matters etc.) has had numerous proponents in academic circles and non-governmental organizations (NGOs), and has won recognition in wider society, it only recently began to attract the attention and support of policy makers and members of Parliament, and not without a push from outside. (excerpt) PowerPoint Presentation.
Chankova, Dobrinka.Positioning Mediation in Bulgarian Justice System: the New Mediation Act Significance: The year 2004 ended happily for mediation supporters in Bulgaria, when on December 2nd, the Bulgarian Parliament finally adopted the long-awaited Mediation Act. The Act was promulgated in State Gazette N 110 on December 17th, 2004 and enforced on December 20th, 2004. Given that the path towards the adoption of this law was wrought with difficulties, its’ final passage represents a huge success.
Christiansen, Drew. Catholic Peacemaking: From Pacem in terris to Centesimus Anus.: It is hard to identify the precise starting point of modern Catholic peacemaking.
Church Council on Crime and Justice. "Is crime a faith issue?": Some people may consider crime to be essentially a socio-political issue, with faith having little role to play in understanding it or devising a response to it. In this short piece, the Church Council on Justice and Corrections states fundamental reasons why crime is truly a faith issue.
Conradie, Herman, et.al. 2008. External Evaluator's Report on the Khulisa Phoenix JARP (Justice and Restoration Project).: The 2020 strategy for South Africa’s National Prosecuting Authority (NPA) requires an exploration of restorative justice as one of the means to combating crime in the long term. Non-governmental-organization Khulisa Crime Prevention Initiative collaborated with the NPA and Department of Justice and Constitutional Development to introduce a restorative justice and alternative dispute resolution pilot project named “Phoenix JARP” in a township of the KwaZulu Natal province. It also aimed at assisting the NPA reduce its court backlog of 1000+ cases by 15 percent in one calendar year.
Cook, Kim. A restorative justice critique of shelters for battered women in the American deep south: While shelters did not arise out of restorative justice theory, Cook applies such theory to determine whether shelters in the American deep south fulfill the criteria of restorative justice and moral pragmatism.
Cundy, Mick. Referral Orders in England and Wales: Cundy summarizes the use of referral orders in England and Wales. He goes through the principles and legislation informing the new disposition method, the objectives held by the youth justice board, and the roles of the Youth Offending teams.
Cunningham, Teresa. Restorative justice and its impact on the re-offending of juveniles in regional and remote Australia: A NorthernTerritory perspective.: In August 2000 a Juvenile Pre-court Diversion Scheme was introduced in the Northern Territory. This scheme, administered by police, uses warnings and conferences, where appropriate, to divert juveniles from the court process, and therefore ultimately from a custodial sentence. This paper reports on preliminary data from a PhD study which analyses the extent to which restorative justice processes, as used in the juvenile diversion scheme, impacted on the amount of re-offending of juveniles over the initial five year period of the Scheme from August 2000 to August 2005. The findings showed that, over the first five years of the Scheme, the majority of juveniles did not re-offend. However, for those who did re-offend, when comparing demographic, geographic, offence and diversion variables, it was found that younger, Indigenous males from regional centres and remote communities had a higher rate of reoffending than juveniles in other demographic and geographic groups. The findings also showed that those juveniles who received a diversion re-offended to a lesser extent than those who had made a court appearance. The results of a Survival Analysis indicated that juveniles who received a diversion were at less risk of re-offending than those who went to court, and that juveniles who attended court re-offended more quickly than those who received a diversion.
Cuzzo, Maria Stalzer Wyant. The Code of the Peaceful Warrior: A Restorative Justice Response to Recent Events: Following the terrorist attacks of 11 September 2001 in the United States, some asked Maria Cuzzo (lawyer, teacher, and practitioner of mediation and conflict resolution) about the possibilities of a mediation or restorative justice response to the events.
Czwartosz, Elzbieta. Victim - offender mediation. Short notes from Poland: In Poland, a number of options for training in victim offender mediation (VOM) have been developed over the past several years. The law also now allows mediation to be used and to affect the justice system outcomes for both adult and juvenile cases.
Czwartosz, Elzbieta. Qualifications of Mediators between Victims and Offenders in Poland: Dr. Czwartosz provides an update on expanded victim offender mediation law and practice in Poland. In 2003, new regulations allowed courts to utilize mediation and apply its results at any time during the judicial process.
Dapena, José and Martín, Jaime. La Mediación Penal Juvenil en Cataluña, España: En los últimos 25 años, la dinámica de readaptación del marco legal y las políticas criminales, en relación a los jóvenes infractores, ha sido una constante en toda Europa.
Dapena, José and Martín, Jaime. Mediation in Juvenile Criminal Cases-The Case of Catalonia: Over the last forty years, changes in Europe in the sphere of the juvenile justice system have allowed for a progressive diversification of responses to juvenile delinquency and strengthening alternatives to confinement.
Davis, Fania. Ghandi's Justice and Restorative Justice: Remarks Delivered At The 10th Annual Howard Thurman Convocation. Church of the Fellowship of All Peoples 2041 Larking Street,San Francisco, California 94109. October 16, 2005
de Brito, Paulo. 2008. An Introduction to Restorative Justice in Portugal.: In July 2007, Portugal enacted statutory law regulating victim-offender mediation. This essay seeks to address how the provisions of Law no. 21/2007, of 12 June, can be understood within Europe’s international developments of the restorative justice movement.
Declaration of Costa Rica about Restorative Justice In Latin America: RECOGNIZING the Resolution of the Economic and Social Council of the United Nations (July 24, 2002) and the “letter of Araçatuba” (2005) as foundations, with the aim of promoting restorative justice processes and to sustain them through information and communication through civil society, as well as propitiating programs that include such processes and that seek restorative results…
Deputy Chief Justice Of Uganda. National Community Service Committee: Community service is part of penal reform in this country, which will ultimately contribute to the improvement of the rule of law in the country. The decision to include community service among punishments for offences in the crime was taken for various reasons.
Dignan, James. Restorative Justice and the Law: the case for an integrated, systemic approach: Dignan advocates the promotion of restorative justice (RJ) principles and outcomes for widely reforming the existing criminal justice system.
Dissel, Amanda. Restoring the Harmony: Piloting Victim Offender Conferencing in South Africa: The Victim Offender Conferencing project was a pilot project that sought to build on restorative justice experiences described above.
Durmortier, Els. Neglecting due process for minors: A possible dark side of the restorative justice implementation?: Expressing skepticism about what he perceives to be the optimistic nature of restorative justice perspectives, Dumortier scrutinizes the language of restorative justice discourse and the issue of due process for minors in the implementation of restorative justice procedures.
Eagle, Harley. A Journey in Aboriginal Restorative Justice: In this article he discusses restorative justice and aboriginal life, specifically connecting restorative justice with indigenous cultural traditions (for example, the significance and use of the circle, or Medicine Wheel, in community discussion and action).
Editor. Exorcising the Ghosts: Relates the story of a graduate student who used restorative justice conferencing to deal with his intense anger at five youths who engaged him in a fight after drinking.
Editor. Face To Face.: This article tells a story of a burglary and the positive impact that a community-based restorative justice process had for the victim’s family. The mother of the family explained her feelings and forgave the young offender, who then apologized and began to work on repayment.
Editor. Genuine Remorse.: This short article outlines the personal story of a former offender now working with a community based restorative justice initiative.
Editor. Growing Experience for Facilitator: Sharon Barton, a conference facilitator of the Waipareira Restorative Justice Providers, strongly supports the use of conferences in providing reconciliation between victims and their offenders.
Editor. Making Connections: Ronda Tokona, a restorative justice conference facilitator and lawyer, appreciates restorative justice on another level, having been a victim herself.
Elonheimo, Henrik. Restorative Justice Theory and the Finnish Mediation Practices: In Finland, the most prominent manifestation of restorative justice is victim-offender mediation. In order to investigate to what extent the restorative ideals are actually realized within the Finnish mediation practices, 16 cases of victim-offender mediation have been observed.
Evans, Donald G. Keeping the community involvement in restorative justice: Evans, in this paper, writes about restorative justice with a concern that it could become merely another program in the penal apparatus.
Fliamer, Mikhail and Karmosova, L M. Juvenile Justice- an overview of experimental projects in Russia: This paper describes juvenile justice developments in Russia. It highlights the work the Centre for Legal and Judicial reform in incorporating restorative justice into the criminal justice system.
Frank, Cheryl and Ann Skelton. 2007.Practice Standards for Restorative Justice: A Practitioner’s Toolkit.: This Toolkit presents a set of “Practice Standards for Restorative Justice”, and consists of a set of tools to guide their usage. The intended purpose of these standards is to guide the implementation of restorative justice programmes and processes linked to the criminal justice system. The standards presented here were developed from a review of literature in the field of restorative justice, and consultations with stakeholders in this field. They are specifically derived from a range of restorative justice values and principles ... (excerpt)
Geselev, Oleksii. “Philosophical Legal Aspects of Changing the Dominant Understanding of the Law as a Requirement for Implementing Restorative Justice in Ukraine”: This article discusses the regulatory framework for introducing restorative justice process, especially mediation, into the Ukrainian justice system.
Gohar, Ali. 2007. Restoring Peace in a Wartorn Country: Peacekeepers and Afghanistan.: Over and above local, regional, and national systems of criminal justice, the world community, today, helps to ensure peace through the deployment of United Nations peacekeepers. Unfortunately, such peacekeepers are usually tasked to a situation after the indigenous population has been through years of conflict. While the uniforms may change, the psyche of the population remains the same. A man with a rifle is a man with a rifle! The peace efforts of peacekeepers remain, at first anyway, mostly unnoticed to the common people. A situation exacerbated when peacekeepers are seen wounding, killing, and destroying infrastructure. While the peacekeeping forces may explain such actions by noting self-defence, or the war on terrorism, the indigenous population sees only the continuation of the wounding, the killing, and the destruction of their homes and communities by those in uniform. This is not forgotten when peacekeepers engage in reconstruction and rehabilitation efforts. You destroy, you build, you destroy. You hurt, you heal, you hurt. It is a vicious cycle with no end, and little hope in sight. If Western governments truly wish to bring peace to Afghanistan, they must change the way they go about peacekeeping. While it would be ludicrous to suggest that armed United Nations peacekeepers withdraw entirely, leaving those tasked with reconstruction and rehabilitation efforts defenceless in a dangerous and war-ravaged environment, it is not ludicrous to suggest that frontline contact, with common people, be more in line with aid organizations who try to understand indigenous culture and traditions while fostering dialogue, than with those brandishing arms. (reprinted here with permission of the author)
Gormally, Brian. Community Restorative Justice – a new bridge between state and people?: In Northern Ireland community restorative justice projects have been an important part of the peace process.
Gormally, Brian. Justice and the Aftermath of Conflict: The aftermath of conflict leaves a range of legal and political issues to be resolved that relate to justice.
Griffin, Diarmuid. Restorative Justice, Diversion and Social Control: Potential Problems: This paper will highlight some potential dangers of pursuing the use of restorative justice (RJ) for juvenile offenders in Ireland. It will look at penal reforms of the past; in particular it will look at the work of Stanley Cohen and his examination of the development of “community corrections.” Social control theorists, like Cohen, often view changes in penal structures differently to reformists and examine the underlying impact of expanding the social control apparatus beyond the prison system. In this presentation I intend to use the template used by Stanley Cohen in the 70’s to analyse the development of restorative justice in the juvenile justice system. The dangers highlighted by Cohen will then be applied to restorative practices in order to provide a framework for the critique of this approach. While it is acknowledged that the development of such programmes are essential in developing an appropriate response to juvenile offending it is also important to critically discuss these projects to highlight the problems and potential dangers emerging out of their adoption. The focus of the paper will remain primarily on restorative programmes although many of the criticisms discussed can also be levied at diversionary programmes.
Halstead, Sam. Educational Discipline Using the Principles of Restorative Justice: This article shows how restorative justice techniques can be used with students in correctional and alternative education settings.
Harris,Scott. Learning to Live with Evil.: N.T Wright’s latest book, Evil and the Justice of God, is an invitation to the Christian community at large to revisit the problem of evil. As a response to his own theological journey as well as the relatively recent barrage of international examples of evil, Wright enters into an open-ended academic dialogue wherein he tables his own well-reasoned reflections on the topic. More importantly, though, the pastoral quality of his writing solicits various potentially broader audiences to consider, for themselves, whether evil is real and how scripture informs our understanding and response to the issue. He proposes both a renewed Christian rubric for understanding and talking about evil and teases out the implications for Christian action in three areas.
Haverty, Martin. 2008. Implementing Restorative Justice in Ireland – Considerations facing the National Commission on Restorative Justice.: In March 2007, Ireland established the National Commission on Restorative Justice to explore the possibilities for implementing restorative justice in Ireland. To date, the Commission has published an interim report with recommendations and continues its work until mid-year 2009. This article describes the work of the Commission.
Headley, William. Catholic Relief Services' Contribution to International Peacemaking: Catholic Relief Services (CRS) is no stranger to war. It came into existence because of conflict. The year was 1943. It was the end of World War II. The Catholic Church in the United States wanted to aid in the relief of war-ravaged Europe. CRS, then called War Relief Service, a part of the National Catholic Welfare Conference, was the United States Catholic institutional response.
Heinrich, Stefanie. 2008. Filling the Gap- Or: The Role of Restorative Transitional Justice Mechanisms? Paper presented at the 8th annual Conference of the European Society of Criminology. Edinburg. 3-5 September.: This paper explores potentials and pitfalls for various transitional justice mechanisms such as tribunals and truth commissions.
Hicks, Thaddeus D. Ideas for Effective Protest: If you have been involved in restorative justice work for any length of time you have probably been involved in some type of heated discussion about it. It might have been a debate, a letter to the editor, or just a talk with a person in line at the grocery store. Through each of these interactions there’s a real opportunity to get your point across to the listener, but there are some ways that are a little more effective than others. While this article isn’t exhaustive I’ve listed a few things that we need to keep in mind. If we all follow these ideas when we take a stand, our time spent speaking will be more beneficial to the cause. (excerpt)
Hook, Melissa And Seymour, Anne. Offender reentry requires attention to victim safety: In this article Hook and Seymour address issues concerning the rights and safety of victims when offenders leave prison and reenter societ
Howley, Pat. 2007. Incorporating Custom Law into State Law in Melanesia. Paper presented as part of the International Diploma in Restorative Justice at Queens University, 10 July 2007.: In this paper, Pat Howley tells the story of his involvement in the Bougainville peace process and the revival of custom law and practices in resolving conflict.
Iivari, Juhani. Victim-offender mediation in Finland: Juhani Iivari examines the history and current state of victim-offender mediation in Finland.
Iivari, Juhani. Victim-Offender Mediation- An Alternative, An Addition or Nothing but a Rubbish Bin in Relation to Legal Proceedings?: This paper is a result of the research Iivari did for the Ministry of Social Affairs and Health. He discusses the need for regulation and institutionalization in the mediation system.
Iivari, Juhani.Challenges of Organizing Victim-Offender Mediation in Finland: This short article reports on a study commissioned by the Ministry of Social Affairs and Health. The project focused on the present situation surrounding mediation and possible options for organizing mediation.
Institute of World Affairs. Community-building in post-war Lebanon: A project to enhance ethnic tolerance and civic identity: The Institute of World Affairs is engaged in a multi-year project to assist in the reconciliation and return of displaced villagers to their homes in a region east of Beirut, Lebanon.
International Conference on Restorative Justice. Leuven Communiqué: Note: the Fifth International Conference on Restorative Justice was held at Leuven University, Belgium, on 16 - 19 September 2001. The participants were practitioners and researchers from over 20 countries. They support justice systems that bring together those harmed, the people causing the harm and their communities to understand what has happened and what needs to be done to handle conflicts.
Johnston, Bradley. Justice that Heals: The Ten Words and Restorative Justice: Towards a Strategy for Compassionate Absolutes: We will seek to demonstrate that criminal justice theory should be grounded in the Ten Words God gave as part of His love-law revelation from Mount Sinai (sec. 2). Second, we will argue that modern-day restorative justice theory best executes the love-law vision of a Gracious God because it views criminal acts comprehensively as harmful to relationships and needing healing, not merely as abstract lawbreaking (sec. 3, 4).
Kelly, Russ. This is my story...mylife!: As a teenager, Russ Kelly and a friend went on a vandalism spree damaging the propety of 22 victims. In his pre-sentence report, the probation officer handling the case suggested that the two young offenders meet their victims and pay restitution. In this article, Kelly tells of the path that led to his offense and the impact of meeting with his victims.
Khan, Malik S World Muslim Congress: At the time of this speech, Malik S. Khan was the Permanent United Nations Representative from the World Muslim Congress. He spoke in the aftermath of terrorist attacks on September 1, 2001, against targets in the United States.
King, Sue. Social Work and Restorative Justice.: In this paper I will explore briefly the forces that are leading to interest in Restorative Justice in a number of countries where the adversarial justice system has been the norm. I will consider the contribution that Restorative Justice could make to developing community capacity and explore questions arising from the conceptualisation of communities by restorative justice theoreticians. Finally I will touch on the implications for social work of a restorative justice model.
Konkel, August. Biblical Perspective on Prison: The word prison occurs many times in the scriptures. Yet what we mean by prison would have been shocking to the peoples of ancient cultures. They could never have conceived of what we do with prisons.
Konkel, August. Biblical Understanding of Justice and Mercy: Justice and mercy are the very essence of understanding the character of God. They must be understood truly, or an understanding of God will be distorted. At the same time they cannot be understood fully, for they are in some sense the antithesis of each other. To demand justice is to leave no place for mercy; to grant mercy is to yield justice.
Kuzelewski, Dariusz. Victim-offender mediation: an institution of the postindustrial society: Victim – offender mediation has a chance to adapt criminal trial to the reality of the third wave civilization.
Lederach, John Paul. Defining Conflict Transformation.: In this article, Lederach provides a definition for conflict transformation.
Leverton, Reed. “Today you will be with me in paradise.” – The Case for Consideration of Restorative Justice as a Component of Christian Doctrine.: The scope of this essay is limited to a discussion of Restorative Justice as a different way of looking at the traditional view of criminal justice, as well as how and why its fundamental goals of encounter, amends, reintegration and inclusion combine to make it far more compatible with Christian doctrine than our present approach to crime and its consequences. The paper is conceptual in nature, and due to space limitations does not address specific procedures or modalities, nor does it provide a detailed comparison of the prevalent theories as to how criminal behavior should be addressed. Finally, the fact that it is written from a Christian viewpoint is in no way intended to be exclusionary; i.e., Restorative Justice has application beyond Judeo-Christian tradition;3 this paper just happens to be written from that perspective.
Liebmann, Marian. Restorative Justice in Uganda and Russia: This paper is based on one training visit to Uganda in 1999 and two training visits to Russia, one in 1999 and the other in 2001. The reflections are drawn from personal experience and therefore may not convey the total picture in these countries.
Liebmann, Marian. Introducing Restorative Justice in Serbia and Montenegro: In 2003, the United Nations Children’s Fund (UNICEF) office in Belgrade realized that many of the children they worked with in their child protection programmes in Serbia and Montenegro were also in trouble with the law.
Lilles, Heino. Yukon sentencing circles and elder panels: Aboriginal people experience rates of incarceration in Canada disproportionately high in relation to the percentage of the total population they constitute. Many feel that the current criminal justice system in Canada is a significant part of the problem rather than part of the solution.
Liu, Jianhong. Philosophical Ideas of Confucius and Values of Restorative Justice.: Scholars generally believe that there must be a strong consistency between the principles of modern restorative justice and ancient Chinese Confucian Philosophical ideas. John Braithwaite once wrote “Confucius is the most important philosopher of restorative justice” . However, few studies to date have analyzed Confucius’ work and identified the specific ideas which encourage the values and practices of restorative justice. John Braithwaite also pointed out that it is “a pity that so few Western intellectuals are engaged with the possibilities for recovering, understanding and preserving the virtues of Chinese restorative justice while studying how to check its abuses with a liberalizing rule of law” . It is unfortunate that the Western restorative justice movement has not yet borrowed much theoretical insight from studying the valuable heritage of Confucius’s ideas, which are truly a profound source of wisdom for modern Western restorative justice reformers.
Macfarlane, Julie. 2007. Restorative Justice in Ethiopia: A dispute resolution researcher and teacher, I was invited to visit the People’s Republic of Ethiopia in June 2006 to work with Prison Fellowship Ethiopia, an Ethiopian non-governmental organization (NGO) advocating for criminal justice and prison reform. My task was to deliver a three-day workshop on Restorative Justice to a group of 45 judges, prosecutors, and government officials from all over the country.
Mackey, Virginia And Shandle, Carolyn C. Justice or "Just Deserts"? An Adult Study of the Restorative Justice Approach: Justice or “Just Deserts”? is study for Christians on crime, violence, justice and restorative justice that fosters healing in victims, offenders and communities.
Marshall, Chris. 2008. To Punish or Not to Punish?: Chris Marshall reviews Changing Paradigms: Punishment and Restorative Discipline by Paul Redekop
Marshall, Christopher. Christian Care for the Victim: Christopher Marshall discusses the Church's place in caring for victims and the pitfalls that hinders the Church in this work.
Marshall, Christopher. Grounding Justice in Reality: Theological Reflections on Overcoming Violence in the Criminal Justice System: Marshall discusses how restorative justice fits within a Biblical view of justice.
Marshall, Christopher. Prison, Prisoners, and the Bible: Christopher Marshall discusses the use of prison seen in scripture and draws lessons for Christian responses to the use of incarceration today.
Maxwell, Gabrielle. Crossing cultural boundaries: The experience of family group conferences: Maxwell’s purpose in this paper is to examine the transferability of family group conferencing from its form in New Zealand to other countries and contexts.
Maxwell, Gabrielle And Morris, Allison . Youth justice in New Zealand: A restorative model: Maxwell and Morris claim that the youth justice system in New Zealand represents a fundamental alternative to previous youth justice systems, and that it serves as a model of restorative justice. To make their claims, the authors identify the principles and objectives of that system following key legislation in 1989.
McCold, Paul. Overview of mediation, conferencing, and circles: McCold begins his overview of certain restorative justice processes by presenting a typology of restorative justice practices – a typology oriented around the inclusion of the victim, the offender, and their “communities of care.”
McCold, P., J. Llewellyn, and D.Van Ness. 2007. An Introduction to Restorative Peacebuilding. Briefing Paper 1. Restorative Peacebuilding Project. Working Party on Restorative Justice. Alliance of NGOs on Crime Prevention and Criminal Justice (NY).: The work of peacebuilding in postconflict societies presents significant challenges and opportunities. This paper introduces restorative peacebuilding, and explores its implications for the work of the United Nations Peacebuilding Commission (Commission) and postconflict societies. This is the first of a series of papers to provide information and support to post-conflict societies and to the Commission regarding the use of restorative justice in the work of peacebuilding. It is offered as an invitation to explore a new way of thinking about justice, and to initiate dialogue about restorative peacebuilding. (excerpt)
McElrea, FWM. A Christian Approach to Conflict Resolution: In this paper, McElrea considers restorative justice as a New Testament or Christian approach to conflict resolution.
McElrea, FWM. Partners or Adversaries?: Address at JUST PEACE? Peace Making and Peace Building for the New Millennium an international conference held at Massey University, Albany, New Zealand. 24-28 April 2000.
McElrea, FWM. Address to Senior School Prizegiving – Kristen School: In this address, McElrea speaks about the learning through experience that can happen in an encounter between victims and offenders.
McElrea, FWM. Restorative Justice- A Peace Making Process.: A paper presented at a LEADR International Conference Perth, Australia May 1997.
McElrea, FWM. Restorative Justice - A New Zealand Perspective: A paper for the conference Modernising Criminal Justice - New World Challenges London, 16-20 June 2002.
McElrea, FWM. Rape: Ten Years' Progress?: In this 1996 presentation, McElrea discusses the possible relevance that restorative justice could have to rape cases.
McElrea, FWM. Accountabilty in the Community: Taking Responsibility for Offending.: A paper prepared for the Legal Research Foundation's Conference Re-thinking Criminal Justice : a Conference on New Initiatives in Criminal Justice 12 and 13 May 1995 Auckland, New Zealand.
McElrea, FWM. The role of restorative justice in RMA prosecutions: Salmon Lecture, 2004 to the Resource Management Law Association.
McElrea, FWM. Restorative Justice and Sexual Abuse – a New Zealand Perspective: Paper given at the symposium of The Australian & New Zealand Association for the Treatment of Sexual Abusers. Auckland, New Zealand 17 April 2004
McElrea, FWM. The Intent of the Children, Young Persons, and Their Families Act 1989 -- Restorative Justice?: A paper presented at Auckland to the Youth Justice Conference of the New Zealand Youth Court Association (Auckland) Inc on 25 February 1994
McElrea, FWM. and Jackie Katounas. Restorative Justice in Prisons -- A New Zealand Experience: In this article, Katounas and McElrea offer a description of a restorative justice pilot project in a New Zealand prison.
McElrea, FWM. Restorative Corrections?: Paper prepared for the 4th Annual Conference of the International Corrections and Prisons Association. 19-23 October 2002 Noodwijkerhout Netherlands.
McElrea, FWM. The Crown v Junior Sami: Notes of Judge FWM McElrea on Sentencing
McElrea, FWM. Sentencing the New Dimensions.: New Zealand Law Society Seminar. March. 2003.
McElrea, FWM. “Win-Win" Solutions to School Conflict: a keynote address given at Contemporary Issues in Education Law: Strategies for Best Practice. Sydney, Australia, 7-9 July 1997
McElrea, FWM. Restoring Justice: Address made to the Law Forum 2001, Organisation of Commonwealth Caribbean Bar Associations’ Fourth Conference. 24 - 26 May 2001. Nassau, Bahamas.
McElrea, FWM. The New Zealand Model of Family Group Conferences: a paper prepared for the International Symposium “Beyond Prisons” Best Practices Along the Criminal Justice Process. March 15-18, 1998 Queen’s University, Kingston, Ontario, Canada
McElrea, FWM. Justice in the Community: The New Zealand Experience: Under the Children Young Persons and Their Families Act 1989 offending by "young persons" - ie young people of at least 14 years of age but under 17 - is the jurisdiction of a specialist Youth Court. Potentially this court can deal with all offences except murder and manslaughter, although very serious offences such as rape are usually referred on to the adult courts. In deciding whether a disputed charge is proved the adversary system is maintained in full (with one exception, concerning pleading, which I mention later), however in disposing of admitted or proved offences a radically new system is in force. The key component is the Family Group Conference ("FGC"), convened and facilitated by a Youth Justice Coordinator, a Department of Social Welfare employee.
McElrea, FWM. Restorative Process and Outcome: Emerging Theories of Restorative Interventions.: Paper presented at the Second International Conference on Restorative Justice for Juveniles Fort Lauderdale, Florida, November 7-9 1998.
McElrea, FWM. Roles of the Community and Government.: Paper presented at Second International Conference on Restorative Justice for Juveniles Fort Lauderdale, Florida, November 7-9 1998.
McElrea, FWM. The New Zealand experience of restorative justice legislation: Paper presented at the 11th Annual Restorative Justice Conference Fresno Pacific University, California. 23-24 September 2005 and at the 5th Annual Conference of the Association for Conflict Resolution Minneapolis, Minnesota 30 September 2005.
McElrea, FWM. 2006. Auckland City Council v B&C Shaw Ltd. And George Bernard Shaw. Notes of Judge FWM McElrea on Sentencing. District Court at Auckland. CRN: 2004502435, 5003402436.: These sentencing notes discuss the elements of an environmental case in which a property developer was accused of removing a tree from his property that was protected by local ordinance and considered important by community members. In his sentencing notes, Judge McElrea outlines the process of encounter between the defendant and community members, the public expression of apology and desire to make things right, and the agreement developed to respond to the offense.
Meli, Silvio. 2008. A Reappraisal of the Criminal Justice System: Restorative Justice A Way Forward.: Crime necessarily attracts a multi-dimensional response that naturally draws on a whole range of diverse disciplines, some of which are even apparently conflicting. However, if society’s reaction to this phenomenon is to be both relevant and to the benefit of all concerned, a proper philosophical orientation to punishment is essential. It is only in this way that all these varied responses may be reconciled and be properly focused upon thereby giving them due recognition. It is therefore deemed essential that before ascertaining what collective response civil society is to adopt in the face of this phenomenon, one has to previously determine what the true focus behind the penal system should really be i.e. whether it should myopically and simplistically focus only on the offender or, include and cater for other protagonists that may be involved. (excerpt)
Menzel, Kenneth. Circle Sentencing as a Shaming Sanction: At its heart, circle sentencing is a form of shaming. In the presence of the victim of her crime, her peers, and the community at large, an offender must own up to the wrongful conduct in which she engaged. By personally publicizing her criminal act, an offender can expect to feel markedly embarrassed, decidedly shaken, and wholeheartedly regretful. Thus, instilling shame upon the offender is a major purpose of circle sentencing. At the same time, however, the shame instilled upon the offender lasts no longer than the length of that particular circle sentencing episode. By virtue of the personalized nature of the sentence, the legitimacy of the sentence giver, and the atmosphere conducive to apology, the offender is reincorporated back into the community without any lingering badge of dishonor. Simply put, the shame placed upon the offender, while great, is also finite and is ultimately lifted in favor of community reintegration.
Mercer, Vincent and Julie Henniker. 2006. Can Restorative Justice Work with Adolescent Sex Offenders?: This PowerPoint presentation provides an overview of a programme using restorative practices with juvenile sex offenders.
Mika, Harry, et. al. Taking Victims and Their Advocates Seriously: A Listening Project: This report details the activities and outcomes of the Listening Project, a collaboration of professionals active in the victim community and the field of restorative justice.
Minister of Internal Affairs. Statutory Instrument. The Community Service Regulations: Statutory instrument regulating the use of community service orders in Uganda.
Moore, Conrad. Restorative Justice When the System is the Offender: Moore remarks on the successes of the restorative justice movement in effecting changes in the criminal justice system in the last two or three decades.
Morris, Allison. Revisiting reintegrative shaming: In this article, Morris looks again at John Braithwaite’s theory of reintegrative shaming.
Muhly, Ernest. Appropriate Approaches to Youthful Justice: In this document, Muhly explores restorative and transformative justice in relation to juvenile justice.
Nadeau, Jason. Critical analysis of the United Nations Declaration of Basic Principles on the Use of Restorative Justice Programs in Criminal Matters: In this study, Nadeau examines the United Nations Declaration of Basic Principles on the Use of Restorative Justice in Criminal Matters.
National Community Service Committee. Community Service Programme: An Update National Community Service Committee.: This document provides an overview of the efforts to establish the use of community service orders in Uganda.
National Community Service Committee . Workshop Report for the National Community Service Programme: A workshop to review the National Community Service Project document covering the pilot phase was held on December 17-18, 2001 at the Jokas Hotel near Kampala.
Nikolic-Ristanovic, Vesna and Sanja Copic. The position of victims in Serbia: criminal procedure and possibilities of restorative justice.: In the paper, the authors deal with the victim’s position in the criminal procedure, on the one hand side, and the possibilities of implementing restorative justice and its importance for the improvement of victim’s position in Serbia, on the other one. In the first part of the paper, the authors point out victim’s position within the criminal procedure and the noticed gaps, which are particularly reflected in insufficient paying attention to the victim and neglecting of his/her rights and needs. This is opposite to the strengthening of the rights of the accused party that characterizes societies, which are, as our society, on the way of democratization and improvement of human rights. In the second part of the paper, the authors analyze some solutions that introduce elements of restorative justice into our system of criminal response to crime, but from the victim’s point of view. Finally, the authors also point out some further steps that should be undertaken in order to improve the victim’s position, particularly emphasizing the place and role of victim support service, witness service and special facilities in the courts for victims/witnesses, possibilities of using victim-offender mediation before reporting the crime, or staring the prosecution, or as a part of the treatment in the prison etc.
Norman, Denise. 2007. Restorative Justice – Does it Restore Justice?: Denise Norman describes the impact of her cousins murder, her experience with the criminal justice system, and her participation in a conference with the two offenders. While finding the process helpful, she remains skeptical of the application of restorative processes and states that "it should only be used “in addition” to the maximum possible sentence. "
O'Connell, Terry. Restorative justice for police: Foundations for change: O’Connell argues that current criminal justice systems do not work and that they must fundamentally change, with restorative justice providing the best hope.
Osborn, David. Training in Restorative Justice: Enhancing Collaboration with Public School Educators.: In this article I explore the use of training in restorative practices as a means of developing educators’ collaborative abilities. The research in this article is based on the development and implementation of two restorative justice training programs. Both training programs made extensive use of a talking-circle format, which provided the space for both experience and reflection. The effective use of collaboration assumes that individuals are actively engaged in their social environment and are therefore able to assert their needs within that context. It also assumes they can reflect on their actions and are able to co-operate within their social environment In developing my argument I use dialectics, such as assertion and co-operation, to support my conclusions. My study concludes that training in restorative justice will develop and improve educators’ ability to be collaborative. (author's abstract)
Packer, Ian. Review: The Little Book of Biblical Justice: A Fresh Approach to the Bible’s Teachings on Justice, by Chris Marshall.Good Books, 2005.: Packer reviews this highly accesible book on biblical principles of justice.
Parker, Lynette. The Use of Restorative Practices in Latin America: Several Latin American countries are looking for alternative methods for dealing with crime and conflict. This opening has spurred both government and civil society to experiment with restorative processes.
Parker, Lynette. Encountering Restorativeness: Reflections from Colombia: Restorative justice concepts are ingrained in us as profoundly just ways to deal with conflict. Lynette Parker writes of learning this truth again during conversations with several people in Colombia.
Pelikan, Christa. On Restorative Justice: Pelikan concentrates on the framework of restorative justice (RJ) as applied in various ways in the European context, including policy considerations for the Council of Europe
Pelikan, Christa. Victim-offender mediation in domestic violence cases-a research report: In this paper, Pelikan examines the results of empirical research into the issue of victim-offender mediation in domestic violence cases, with emphasis on the situation in Austria.