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2024, Justice That Transforms: Restorative Justice — “Not Enough!”
This was published in the Mennonite Brethren Herald, January 1, 2009. Advocates of Restorative Justice seek to reclaim the nonviolence of Jesus. Their cry echoes the refrain of a wonderful Negro spiritual: Ain’t gonna study war no more! Restorative justice offers an alternative to war — including war on crime. Its goal is to see offenders like Bobby Oatway return peacefully to their communities and become productive citizens. It embraces, rather than excludes, the victim, offender, and impacted community. It’s a peacemaking, rather than war-making, response to crime. According to Henk Smidstra, chaplain at the Alouette Correctional Centre for Women in B.C.: . . . Restorative Justice can be regarded as a cluster of values, beliefs, and attitudes that determine how the viewer defines the situation and determines its solution. . . Call it the lens of the heart and mind that can see conflict as either bad, or as an opportunity to grow and heal; as an event that breaks the law, or as an event that has harmed people. [Restorative justice] puts emphasis on restoration, and on healing the harm of all those affected by conflict or crime. In fact, offenders and victims all become collaborators in looking for solutions that will creatively address the obligations created by the hurtful incident. . . Restorative justice focuses on relationships, not on controlling or punishing others, but empowering others to flourish and be active participants in restoring and maintaining community well-being.
International Journal of Humanities and Social Science
Simply stated, the goal of Restorative Justice is a reconciliation of people. The reconciliation can occur on the interpersonal level, within the community, among nation-states, and ultimately, on the universal level. The broad umbrella of Restorative Justice affords the community, spiritual and secular, to engage in works which further the need for Social Justice. From Victim/Offender mediation, to teaching Conflict Transformation in schools, to peace making circles for community collaboration, the opportunities to engage in the restorative process are potentially endless. Considered innovative and new in the United States, Restorative Justice has deep and ancient roots in many cultures, past and present. And as it adapts to the changing world, it certainly has applications for setting the stage for future conflict transformation. To what extent is Restorative Justice an answer to the call of service and reconciliation based upon the teachings of Jesus Christ in the Gospel of St. M...
Qeios, 2024
Restorative Justice (RJ) offers a transformative approach to addressing criminal behavior by focusing on healing and restitution rather than punishment. This manuscript examines RJ’s foundational principles, highlighting its roots in indigenous practices and its contrast with traditional retributive justice models. Evidence from diverse cultural and legal contexts demonstrates RJ’s effectiveness in reducing recidivism, promoting offender rehabilitation, and enhancing community cohesion. However, the manuscript also addresses challenges, such as implementation difficulties and limitations in cases of gender-based violence. By presenting a comprehensive analysis of RJ’s benefits and obstacles, this manuscript underscores its potential to create a more compassionate and effective criminal justice system.
Annual Review of Law and Social Science, 2007
This article reviews the now extensive literature on the varied arenas in which restorative justice is theorized and practiced-criminal violations, community ruptures and disputes, civil wars, regime change, human rights violations, and international law. It also reviews-by examining empirical studies of the processes in different settingshow restorative justice has been criticized, what its limitations and achievements might be, and how it might be understood. I explore the foundational concepts of reintegrative shaming, acknowledgment and responsibility, restitution, truth and reconciliation, and sentencing or healing circles for their transformative and theoretical potentials and for their actual practices in a variety of locationsfamily abuse, juvenile delinquency, criminal violations, problemsolving courts, indigenous-colonial-national disputes, ethnic and religious conflicts, civil wars, and liberation struggles. Restorative justice, which began as an alternative model of criminal justice, seeking healing and reconciliation for offenders, victims, and the communities in which they are embedded, has moved into larger national and international arenas of reintegration in political and ethnic conflicts. This review suggests that there are important and serious questions about whether restorative justice should be supplemental or substitutional of more conventional legal processes and about how its innovations suggest potentially transformative and challenging ideas and "moves" for dealing with both individual and group transgressive conduct, seeking peace as well as justice.
Crime and Justice, 1999
2013
Restorative justice describes approaches of conflict transformation that focus on repairing the harm done and addressing the needs of those violated. Restorative justice procedures are applied within the criminal justice system, in other institutionalized settings such as schools as well as in informal contexts. Among the most well-known programs are: mediation procedures, family group conferences and restorative circles. Restorative justice has been traditionally used in various communities and cultures, and does not represent an entirely new movement. While some authors describe restorative justice as a revitalization of already existing forms of dealing with conflict, others stress the aspect of a shift in paradigm. This thesis examines how the assumptions underlying restorative justice resonate with concepts and ideas found in Buddhist teachings. Selected Buddhist concepts are analyzed and related to restorative justice principles in order to gain an insight about potential furt...
Academia Letters, 2021
There is considerable dis-ease around our political landscape in the United States at this time. The emotions and rhetoric around clashing political ideologies is stirring a great deal of energy in the public sector no matter what perspective you come from. Many actors in the fields of justice and peacebuilding are asking, what should we do? My response is simple, but not easywe must continue to do what we have always done with more urgency and relevance than ever before. We must nurture good relationships, strengthen community, and build responsive organizational structures that bolster social justice for the common good no matter who inhabits the White House.
Forgiveness and Restorative Justice, 2021
It is inadequate for justice processes to return wrongdoers to the situations of harm which gave rise to their offending behaviour. Yet, it is not clear that restorative justice is capable of being an effective instrument of social justice. An approach may be required which combines both the incrementalist or gradualist approach to social change taken by restorative justice and more radical structural change as a result of, for instance, mobilising grassroots movements. There may also be an important role for Christian theology, in terms of holding restorative justice to account. Whilst acknowledging that, in the public square, theological insights must be validated on common ground, the effectiveness of restorative justice in society may be challenged by, and ultimately benefit from, radical commitments to tackling structures of power and living out a preferential option for the poor sometimes found in the Christian tradition. Coming fresh to discussions about restorative justice from a longstanding involvement in world poverty issues, I have been struck by a possible similarity between problems raised by the terms 'rehabilitation' 1 'Rehabilitation' is also referred to in debates about criminal justice, see J. Braithwaite,
Justice That Reforms, 2018
Association for Reformed Political Action (ARPA) Presentation, Langley Canadian Reformed Church, March 5, 2000. I was grateful to co-present at this evening with longstanding Member of Parliament Mark Warawa, a former volunteer with the M2/W2 Association. It was politically a stretch, but the church is all about “strange bedfellows” brought together in the messiness of God’s grace. The article about the presentation is on the ARPA website too. ARPA may accurately be described as a conservative (small “c”) think tank. This paper is a chapter in "Justice That Transforms: Volume One", Kindle Direct Publishing, 2018.
The Journal of Sociology & Social Welfare
Criminal Justice Review, 2007
The current Western criminal justice system, with its emphasis on maintaining a balance between offenders' rights (in their defense) and governmental power (represented by the prosecutorial process) throughout the arrest phase, trial process, and sentencing exercise, has largely ignored restorative justice critiques that have called for a greater emphasis on recognizing emotions, healing injuries, and repairing damage caused by criminal activity. These critiques have come from a number of sources, for example, theological (eg, ...
Springer, 2022
Despite the clear connections between psychology, restorative justice, and peace across national and institutional contexts, there has been little direct engagement between the field of peace psychology and the growing theory, implementation, and research of restorative justice. This timely collection of chapters written by international experts bridges the gap between peace psychology and restorative justice. The Editors combined their respective fields of expertise to start a much-needed debate on the potential but also risks that are associated when implementing restorative justice in the peace psychology field. The volume highlights how psychological theory and research can inform and evaluate the potential of restorative practices in formal and informal educational settings as well as the criminal justice space. The chapters cover both negative and positive peace across levels while introducing the reader to various case studies from across the world. All in all, the book explores how restorative justice can promote positive peace through its connection fostering dialogue, empathy, forgiveness, and other key psychological elements of peace.
Justice That Transforms: Restorative Justice — “Not Enough!”, 2024
This is text of a recorded lecture I did for "The Jim Forest Institute for Religion, Peace and Justice." 1 It was significantly revised and greatly extended in Chapter 3 of this book. You may wish to skip this, therefore, and read that chapter. But there is some different material in this, so I include it.
UC Law SF Journal on Gender and the Law, 2023
Center at UC Berkeley. She has 15 years experience teaching in Global Studies and Peace and Conflict Studies, with a research focus on traditional and community-based justice in Kenya and Uganda, and intersections of RJ, human rights and social change around the world. Currently she is teaching a course on Restorative Justice in the US, which links students with Community Partnerships with Bay Area RJ organizations, and is designing a new course on Truth and Reconciliation that will invite students to research historical harms of the Berkeley campus and Bay Area. In her work with the RJ Center, she designs and facilitates services, programs and trainings in RJ and Restorative Practices and related areas, such as racial healing and conflict transformation, and collaborates with partners to construct policies that offer Restorative Responses for workplace harms, conduct violations, and sexual harm.
The Kenarchy Journal, 2021
Appreciation goes to Dr Brad Jersak, the author’s friend, encourager, and mentor. In October 2020 at his invitation, a Q & A format was adopted for a presentation on what most commonly is known as “Restorative Justice.” As is clear from the title, this presentation argued emphatically for peacemaking and abolition as opposed to reform. What follows is a reworking of that material and addition of new, retaining the Q & A format. It begins with three pointers to the tendency of the State to use the criminal justice system as a means to population control. It then gives some background to the author’s lifelong immersion in issues of Restorative Justice, and the development of his thinking, particularly with respect to individuals harmed by the criminal justice system. Its negative community impact is then set out and an assessment is made of the penitentiary as a disastrous social experiment. The article concludes with a positive look of how the Restorative Justice movement has risen as a genuine alternative to the Western criminal justice system.
The article focuses on the Community of Veterans Engaged in Restoration (COVER) restorative justice program offered by the Sheriff's Department of San Francisco, California. Information is provided on how the program aims to prevent crimes by U.S. veterans, focuses on offender accountability, and promotes community involvement.
SASI, 2023
Introduction: Conventional criminal justice systems are often dominated by punitive approaches, which focus more on punishing offenders as a form of revenge and their separation from society. However, this approach has drawbacks in achieving broader goals, such as victim recovery, reducing recidivism rates, and building safer communities. Purposes of the Research: This study discusses the power of restorative justice transformation in changing the paradigm from punishment to healing. Restorative justice offers an alternative approach to responsibility, reconciliation, and healing. Methods of the Research: Literature research methods are used to understand restorative justice, including its concepts, practices, impacts, challenges, and benefits. Literature Data is systematically identified, collated, and analyzed. Results of the Research: Restorative justice is a powerful approach to changing judicial paradigms, with its principles emphasizing reconciliation, responsibility, and participation. The impact of restorative justice on perpetrators includes behavior change and responsibility, while on victims, it includes recovery and reconciliation. Implementing restorative justice requires collaboration, adequate resources, and active participation from stakeholders. Restorative justice has the potential to create a more humane, equitable, and sustainable justice system, as well as bring recovery and reconciliation to individuals and communities affected by crime.
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