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Restorative Versus Retributive Justice Kathleen Daly Reviews the Discourse That Has Framed Restorative Justice As the Antidote to Punishment
Restorative versus Retributive Justice Kathleen Daly reviews the discourse that has framed restorative justice as the antidote to punishment. n 'Restorative justice: the real story' (Punishment and Advocates seem to assume that an ideal justice system should Society 2002), Kathleen Daly draws on her experience of be of one type only, that it should be pure and not contaminated / restorative justice conferencing and an extensive survey of by or mixed with others. [Even when calling for the need to academic literature to refute four myths that she says have "blend restorative, reparative, and transformative justice... with grown up around restorative justice. These are that: (1) the prosecution of paradigmatic violations of human rights", restorative justice is the opposite of retributive justice; (2) Drambl (2000:296) is unable to avoid using the term 'retributive' restorative justice uses indigenous justice practices and was to refer to responses that should be reserved for the few.] the dominant form ofpre-modern justice; (3) restorative justice Before demonstrating the problems with this position, I give a is a 'care' (or feminine) response to crime in comparison to a sympathetic reading of what I think advocates are trying to say. justice' (or masculine) response; and (4) restorative justice Mead's (1917-18) 'The Psychology of Punitive Justice' can be expected to produce major changes in people. She says contrasts two methods of responding to crime. One he termed that "simple oppositional dualisms are inadequate in depicting"the attitude of hostility toward the lawbreaker" (p. 227), which criminal justice, even in an ideal justice system", and argues "brings with it the attitudes of retribution, repression, and for a 'real story' which would serve the political future of exclusion" (pp. -
Prison Abolition and Grounded Justice
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2015 Prison Abolition and Grounded Justice Allegra M. McLeod Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1490 http://ssrn.com/abstract=2625217 62 UCLA L. Rev. 1156-1239 (2015) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, and the Social Control, Law, Crime, and Deviance Commons Prison Abolition and Grounded Justice Allegra M. McLeod EVIEW R ABSTRACT This Article introduces to legal scholarship the first sustained discussion of prison LA LAW LA LAW C abolition and what I will call a “prison abolitionist ethic.” Prisons and punitive policing U produce tremendous brutality, violence, racial stratification, ideological rigidity, despair, and waste. Meanwhile, incarceration and prison-backed policing neither redress nor repair the very sorts of harms they are supposed to address—interpersonal violence, addiction, mental illness, and sexual abuse, among others. Yet despite persistent and increasing recognition of the deep problems that attend U.S. incarceration and prison- backed policing, criminal law scholarship has largely failed to consider how the goals of criminal law—principally deterrence, incapacitation, rehabilitation, and retributive justice—might be pursued by means entirely apart from criminal law enforcement. Abandoning prison-backed punishment and punitive policing remains generally unfathomable. This Article argues that the general reluctance to engage seriously an abolitionist framework represents a failure of moral, legal, and political imagination. -
Justice for Juveniles
If you have issues viewing or accessing this file contact us at NCJRS.gov. )OS!, 7 JUSTICE FOR JUVENILES Charles E. Springer Vice-Chief Justice Supreme Court of Nevada ~ " :tment of Justice lvenile Justice and Delinquency Prevention OJJDP Ie * JUSTICE FOR JUVENILES Charles E. Springer Vice-Chief Justice Supreme Court of Nevada U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention OJJDP II ,I;' - c :;;w '&-••1\'£:-.' ¥W, Charles E. Springer is Vice-Chief Justice of the Supreme Court of the State of Nevada. Prior to being commissioned to the Supreme Court, he was Juvenile Court Master for the Second Judicial District Court for the State of Nevada from 1973 to 1980. He has also served the State of Nevada as Attorney General. He received the Outstanding Service Award from the National Council of Juvenile and Family Court Judges in 1980 and has served on the Boards and Commissions of numerous civic and State organizations in an effort to improve the quality of justice for adults and juveniles . ........ * & & !MI',. u. S. ~partment of Justice Office of Juvenile Justice and Delinquency Prevention NmionallnslituJejiJr Juvenile Justice and Delinquency Prevention Juvenile Ju.rl;" Cfrorin8/w"''' NCJRS Box6000. Rochill<. MD 20lJjO Dear Colleague: "Justice for Juveniles" is a serious and deliberative look at the juvenile justice systeln, its philosophical and historical underpinnings, the strengths and weaknesses of today's system, and the implications for its future. Last year over 35,000 juveniles were arrested in this country for violent crimes, including murder, rape, and aggravated assault. The success of this office's e~forts to reduce juvenile crime and create a nlore secure society depends on the ready exchange of information and ideas among professionals in the field. -
Teaching American Literature: a Journal of Theory and Practice Fall 2017 (9:2)
Teaching American Literature: A Journal of Theory and Practice Fall 2017 (9:2) Ascending the Scaffold: Knowing and Judging in Hawthorne's The Scarlet Letter David Rampton, University of Ottawa, Canada Abstract: Reminding students that Hawthorne's The Scarlet Letter begins with an exercise in public shaming helps them relate to the novel. It is set in the mid-17th century, a long time ago, yet the continuities persist. Hester Prynne is forced to mount the scaffold and expose herself and her child to the citizens of Boston, who want to see her degraded and to learn the name of her partner in moral crime. Today convicted criminals in the American justice system are routinely required to make a similar sort of public display. The desire to know how the battle between good and evil is going in Puritan Boston, Hawthorne says, is something that binds the community together and threatens to tear it apart. Knowing can mean sympathy and compassion, but it can also involve a pernicious desire to trespass in the interior of another's heart. Our exercises in close reading reveal that the desire to "know" someone, as the novel's slow motion "whodunit" clearly shows, can lead to deeper intimacy, or a denial of their quintessential humanity. Analyzing the shaming scenes that organize the narrative means helping students to see more clearly the structure of the novel, the issues at stake in it, and the ambiguities of guilt and innocence that dominate in our meditations on our own lives. Teaching The Scarlet Letter is one of the great experiences in the career of any teacher, for reasons that are not far to seek: it is arguably the most widely read 19th-century American novel; its subject, adultery, still has a magnetic attractiveness for us; and the story it narrates is firmly inscribed in the history of America and its culture. -
Prisons in the United States: a Need for Reform and Educational Rehabilitation
Merrimack College Merrimack ScholarWorks Social Justice Student Work Social Justice Spring 2019 Prisons in the United States: A need for reform and educational rehabilitation Amanda Alcox Follow this and additional works at: https://scholarworks.merrimack.edu/sj_studentpub Part of the Criminology and Criminal Justice Commons, and the Social Justice Commons Running Head: PRISONS IN THE UNITED STATES Prisons in the United States: A need for reform and educational rehabilitation Amanda Alcox Merrimack College SOJ 4900 Professor Mark Allman PRISONS IN THE UNITED STATES 2 Abstract: The American criminal justice system holds almost 2.3 million people in 1,719 state prisons, 102 federal prisons, 1,852 juvenile correctional facilities, 3,163 local jails, and 80 Indian Country jails as well as in military prisons, immigration detention facilities, civil commitment centers, state psychiatric hospitals, and prisons in the U.S. territories. The United States has the highest incarceration rate in the world. Ex-convicts express that transitioning back into society, as well as finding employers willing to hire former inmates, is a difficult task. In this capstone, we will look at prison reform from the 1800s-to-today, we will determine which roles retributive and restorative justice play in our criminal justice system, we will recognize the current implications of our current correctional system, we will engage in statistics regarding employment and homelessness rates, we will reminisce on personal experiences as an intern in a correctional facility, and lastly, we will look into programming, educational services, and professional development opportunities for inmates while serving their sentences. To understand social justice ideals, it is necessary to recognize that our nation consists of various structures, policies, and practices that either help or harm the human population. -
"Restorative Justice" in Community Corrections?
U.S. Department of Justice Office of Justice Programs National Institute of Justice June 2001 Papers From the Executive Sessions on Sentencing and Corrections No. 11 What Future for “Public Safety” About This and “Restorative Justice” in Series Community Corrections? It is by now a commonplace that the number of people under criminal justice supervision by Michael E. Smith in this country has reached a record high. As a result, the sentencing policies driving that number, and the field of corrections, where ublic safety” and “restorative trying to turn his agency from what he the consequences are felt, have acquired an unprecedented salience. It is a salience defined justice” are big ideas now making characterizes as the empty execution of ret- more by issues of magnitude, complexity, and claims on the future of community ributive, court-imposed sanctions, toward “P expense than by any consensus about future corrections. They are appealing as strategic partnership with informal community boards directions. objectives for probation and parole agencies (“reparative boards”) to restore victims, that are unable to generate fiscal and political offenders, and communities.1 Meanwhile, Are sentencing policies, as implemented through correctional programs and practices, achieving support for the modest objectives of “enforc- embracing public safety as the strategic their intended purposes? As expressed in the ing court orders,” “meeting client needs,” objective for corrections, Washington State movement to eliminate indeterminate senten- and “reducing recidivism.” When the two amended its “just deserts”-based corrections cing and limit judicial discretion, on the one ideas are examined more closely, however, law in 1999, effecting a strategic redeploy- hand, and to radically restructure our retribu- their futures seem uncertain. -
The Duality of Hester Prynne's Image
Cultural Communication and Socialization Journal (CCSJ) 2(1) (2021) 09-12 Cultural Communication and Socialization Journal (CCSJ) DOI: http://doi.org/10.26480/cssj.01.2021.09.12 ISSN: 2735-0428 (Online) CODEN: CCSJAJ REVIEW ARTICLE THE DUALITY OF HESTER PRYNNE’S IMAGE: SUBVERSION AND SUBMISSION Huimin Liu English Language Literature and Culture Department, Beijing International Studies University, Dingfuzhuang Nanli No.1, Chaoyang District, Beijing City, China. *Corresponding author Email: [email protected] This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. ARTICLE DETAILS ABSTRACT Article History: Hester Prynne is a young woman of The Scarlet Letter. She has borne a child out of wedlock and been sentenced to wear the scarlet letter A, a symbol of committing adultery for the rest of her life. She refuses to take the Received 14 January 2021 scarlet A as a token of outlaw. With her needlework, she struggles to subvert the original signification of the Accepted 19 February 2021 letter A and to build her new identity as an able, angelic and admirable woman. She transforms the letter A for Available online 9 March 2021 herself outside the patriarchal signifier. However, her return to Boston, where she voluntarily wears the letter illustrates that Hester acknowledges the importance of the social order and her submission to the public. She has the rebellious spirit but it is not strong enough to overthrow the patriarchy. Hester’s dual image of subversion to submission is attributed to Hawthornes’ ambiguous attitude toward women. -
Individualism of Hester Prynne in the Seventeenth Century Puritan Society: the Scarlet Letter
International Journal on Studies in English Language and Literature (IJSELL) Volume 4, Issue 2, February 2016, PP 100-106 ISSN 2347-3126 (Print) & ISSN 2347-3134 (Online) www.arcjournals.org Individualism of Hester Prynne in the Seventeenth Century Puritan Society: The Scarlet Letter Ms. Mursalin Jahan Assistant Professor and Research Scholar, Integral University, Lucknow, Uttar Pradesh, India Prof. Syed Zaheer Hasan Abidi Senior Professor, Head in the Department of English/Languages & Dean Faculty of Humanities & Social Sciences, Integral University, Lucknow,India. Abstract: In Nathaniel Hawthorne‟s The Scarlet Letter Hester Prynne, the female protagonist living amidst the strict puritans is a typical individualist. After being charged with adultery, she is shunned, mocked and viewed as a living allegory of sin. Her punishment is to wear the scarlet letter „A‟, a symbol of sin, on her bosom throughout her life. She does not dramatically and apologetically beg for forgiveness; instead, she endures her punishment and ultimately, with her “natural dignity and force of character”, she turns a symbol of sin into a symbol of strength. She is an emersonian self-reliant woman as she trusts her deepest instincts and values her own inner truth in making her judgments. The present paper focuses on how she crushes the puritan‟s codes of conduct and moves forward in her life based on her own principles of right and wrong. Keywords: Adultery, allegory of sin, codes of conduct, Emersonian self-reliant, individuality, puritans The Scarlet Letter, published in 1850, is Nathaniel Hawthorne‟s the most renowned and well- received romance. It is set in the seventeenth century puritan society. -
USHMM Finding
- https://collections.ushmm.org Contact [email protected] for further information about this collection Holocaust Survivor Questions to Consider Questions to Consider Jacob Hennenberg When Viewing Video Filmed on October 24, 2006 1. What was Jacob’s home town called when he was born? What did the Nazis later call this town? 2. Why was Jacob’s town one of the first to be taken over by the Nazi forces? 3. Jacob talks of two times as a 15-year-old when he attempted to save his father. What were they? 4. Give an example of a courageous act performed by one of Jacob’s sisters. 5. Jacob was sent to a number of different camps. How many were there and what were the names? 6. Give two examples of when Jacob was actually helped by a guard or kapo in the camps. 7. What was the significance of the marking of a “T” or “U” during a selection in the camp? 8. Why was Jacob so anxious that his number in the camp be 18? 9. What kind of attitude did Jacob have while going “I put my mind someplace else.” through the camps? Why do you think this attitude was so import for his survival? -Jacob Hennenberg 10. What is the message expressed by Jacob in the poem that he read at the end of his talk? Face to Face A Holocaust Education Program at Congregation Shaarey Tikvah Beachwood, Ohio https://collections.ushmm.org Contact [email protected] for further information about this collection Jacob Hennenberg was born in 1924 in Oswiecim, A Nazi guard came to the room and ordered Poland, the town which was later renamed Jacob’s father to leave; Jacob volunteered to go Auschwitz by the Nazis. -
A Badge of Honor Not Shame: an Afrolatina Theory of Black-Imiento for U.S Higher Education Research
University of Pennsylvania ScholarlyCommons GSE Faculty Research Graduate School of Education 2019 A Badge of Honor not Shame: An AfroLatina Theory of Black- imiento for U.S Higher Education Research Amalia Dache University of Pennsylvania, [email protected] Jasmine Marie Haywood Christina Mislán Follow this and additional works at: https://repository.upenn.edu/gse_pubs Part of the Education Commons Recommended Citation Dache, A., Haywood, J. M., & Mislán, C. (2019). A Badge of Honor not Shame: An AfroLatina Theory of Black-imiento for U.S Higher Education Research. The Journal of Negro Education, 88 (2), 130-145. Retrieved from https://repository.upenn.edu/gse_pubs/556 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/gse_pubs/556 For more information, please contact [email protected]. A Badge of Honor not Shame: An AfroLatina Theory of Black-imiento for U.S Higher Education Research Abstract The ways in which U.S. scholars and researchers of higher education conceptualize “race” shapes inquiry and ultimately knowledge creation and dissemination of scholarship, research, and policy contributing to the U.S. Latinx education pipeline. This conceptual study addresses the symbolic violence of what “passing for White” as Latinxs mean for studies of colleges and universities, and how centering our African and Black identities calls these manifestations into question. The focus of this study is to juxtapose themes in the U.S. higher education literature, to the experiences of AfroLatina scholars demonstrating shortcomings of “passin’ for Latinx,” which they construct as the under-theorization of the role U.S. anti-Blackness and Blackness plays in the construct of U.S. -
Revisiting the Relationship Between Retributive and Restorative Justice
Revisiting the Relationship between Retributive and Restorative Justice Kathleen Daly School of Criminology and Criminal Justice Mt Gravatt Campus Griffith University QLD 4111 +61 7 3875-5625 (of); 3875-5608 (fax) 3216-1630 (ho) [email protected] To appear in Restorative Justice: From Philosophy to Practice (forthcoming, 2000), edited by Heather Strang and John Braithwaite. Aldershot: Dartmouth. Revised paper presented at Restorative Justice and Civil Society Conference, Australian National University, Canberra, February 1999. December 1999 1 Revisiting the Relationship between Retributive and Restorative Justice by Kathleen Daly In this essay, I raise a complex and contentious question: what is the role of punishment in a restorative justice process? I raise the question to invite discussion and debate in the field, not to assert a clear and unequivocal answer. The term punishment evokes strong images and feelings in people; it has no singular meaning. This is especially the case when it is linked to a restorative justice process, that is, an informal legal process that includes lay and legal actors, which is partly, but not entirely state punishment. I have not worked out many technical features of the argument,1 but I am convinced that those interested in the idea of restorative justice need to grapple with the idea of punishment.2 I start with several caveats and definitions. I am working within the terms of what Cohen (1985: 251) calls "the liberal consensus". This means that I assume that there is individual autonomy (or personal responsibility) in committing crime and a moral legitimacy of criminal law. These assumptions can be easily challenged by critical legal scholars, who call attention to the injustices of criminal law and justice system practices as they are applied in unequal societies. -
Electronic ''Scarlet Letter'': Criminal Backgrounding and a Perpetual
Archived version from NCDOCKS Institutional Repository http://libres.uncg.edu/ir/asu/ The Electronic ‘‘Scarlet Letter’’: Criminal Backgrounding and a Perpetual Spoiled Identity Author: DANIEL S. MURPHY, BRIAN FULEIHAN, STEPHEN C. RICHARDS, RICHARD S. JONES Abstract Crimes are multifaceted events that are not adequately explained with basic descriptors, yet a considerable amount of significance is afforded to relatively few simplistic labels that make up the contemporary ‘‘scarlet letter.’’ Today’s criminal records create a lifetime of stigmatization for a person. These public records employ a limited range of information. By acknowledging the deleterious effects of even one documented criminal event on an individual’s self-concept and status in society, we cannot avoid being faced with a serious moral dilemma in light of society’s prevalent reliance upon electronic criminal records. The electronic brand carried for life poses great challenges to offender rehabilitation and reintegration. DANIEL S. MURPHY, BRIAN FULEIHAN, STEPHEN C. RICHARDS, RICHARD S. JONES(2011) The Electronic ‘‘Scarlet Letter’’: Criminal Backgrounding and a Perpetual Spoiled Identity. Journal of Offender Rehabilitation ( 50: 3, 101-118) ISSN(1050-9674) DOI (10.1080/10509674) The Electronic ‘‘Scarlet Letter’’: Criminal Backgrounding and a Perpetual Spoiled Identity DANIEL S. MURPHY Department of Government & Justice Studies, Appalachian State University, Boone, North Carolina, USA BRIAN FULEIHAN Department of Criminology and Criminal Justice, University of South Carolina,