Restorative Justice in Prisons: Methods, Approaches and Effectiveness
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The Little Book of Restorative Justice
The authors THE LITTLE BOOK OF oward Zehr directed the first victim offender conferencing program in the U.S. and is one H of the developers of restorative justice as a concept. His book Changing Lenses: A New Focus for Crime and Justice is considered a classic in the field. His other publications include Doing Life: Reflections of Men and Women Serving Life Sentences, Transcending: Reflections of Crime Victims and The Little Book of Restorative Justice. Forthcoming in fall, 2003, is The Little Book of Family Group Conferences, New Zealand Style (with Allan MacRae). Dr. Zehr is Co-Director of the graduate Conflict Transformation Program at Eastern Mennonite University. From this base he also teaches and practices in the field of restorative justice. Zehr received his M.A. from the University of Chicago and his Ph.D. from Rutgers University. li Gohar worked as Additional Commissioner Social Welfare Cell for Afghan Refugees for A thirteen years. Presently working as Chief Executive, Just Peace International inc. for Afghanistan and Pakistan. Ali Gohar received his MSc in International Relations from Quaid-i-Azam university Islamabad . He completed his second Master in Conflict Transformation as a Fulbright Scholar from Eastern Mennonite University VA, USA. The Pushto, Urdu and Persian (Dari) version of the hand book by the same authors are under publications. [email protected] Ph: ++92 - 91 - 5700724 The authors THE LITTLE BOOK OF oward Zehr directed the first victim offender conferencing program in the U.S. and is one H of the developers of restorative justice as a concept. His book Changing Lenses: A New Focus for Crime and Justice is considered a classic in the field. -
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. -
How Restorative Is Restorative Justice?
How restorative is restorative justice? Dr Martin Wright Visiting Research Fellow, School of Legal Studies, University of Sussex. Paper to conference, Quali prospettive per la mediazione? Riflessioni teoretiche ed esperienze operative (What prospects for mediation? theoretical reflections and practice), Museo Criminologico, Rome, 20-21 April 2001. There are certain things which we take for granted: 1) that crime is an offence against the state 2) that people who commit crimes should be punished 3) that punishment is a responsibility and a monopoly of the state 4) that the decisions about how to deal with offenders should be taken by state officials through a formal legal process. What is remarkable about RJ is that it challenges all these assumptions: it views crime not as an offence against the State but as an injury to people and relationships. Instead of punishing offenders, justice involves repairing harm caused by crime. The victim and the offender can take an active part in the process. The community can support the victim and help the offender to fulfil any agreement he has made about reparation. In the conventional system the victim and the offender are not able to tell the story of what happened in their own way, much less to communicate with each other. The damaging potential of the system is well known. It is aggravated by the fact that the system focuses on its objective - to determine guilt or innocence and decide on a sanction - and does not consider the effect of the process on the participants. Restorative justice, instead of taking the whole matter out of their hands, offers both victim and offender the chance to discuss it and decide how to resolve it, through victim/offender mediation, or an extension of this known as ‘conferencing’, in which victims and offenders are invited to include their extended families. -
The Socioeconomic Impact of Pretrial Detention, the Papers in the Series Look at the Intersection of Pretrial Detention and Public Health, Torture, and Corruption
THE SOCIOECONOMIC IMPACT OF PRETRIAL DETENTION September 2010 PRE-PUBLICATION DRAFT Copyright © 2010 by the Open Society Institute. All rights reserved. 2 About the Global Campaign for Pretrial Justice Excessive and arbitrary pretrial detention 1 is an overlooked form of human rights abuse that affects millions of persons each year, causing and deepening poverty, stunting economic development, spreading disease, and undermining the rule of law. Pretrial detainees may lose their jobs and homes; contract and spread disease; be asked to pay bribes to secure release or better conditions of detention; and suffer physical and psychological damage that last long after their detention ends. In view of the magnitude of this worldwide problem, the Open Society Justice Initiative, together with other partners, is in the process of launching a Global Campaign for Pretrial Justice. Its principal purpose is to reduce unnecessary pretrial detention and demonstrate how this can be accomplished effectively at little or no risk to the community. The impact of indiscriminate and excessive use of pretrial detention is felt most sharply in the countries that are the focus of the Millennium Development Goals (MDGs). Key goals on child health, gender equality, and universal education are directly inhibited by the very significant expense and opportunity lost when someone is detained and damaged through pretrial detention. 2 Current Global Campaign activities include collecting empirical evidence to document the scale and gravity of arbitrary and unnecessary pretrial detention; building communities of practice and expertise among NGOs, practitioners, researchers and policy makers; and piloting innovative practices and methodologies aimed at finding effective, low cost solutions. -
"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. -
Research Into Restorative Justice in Custodial Settings
RESTORATIVE JUSTICE IN CUSTODIAL SETTINGS Report for the Restorative Justice Working Group in Northern Ireland Marian Liebmann and Stephanie Braithwaite CONTENTS Executive Summary 1 Full Report Introduction 1 Restorative Justice 1 Community Service 2 Victim/Offender Mediation 4 Victim Enquiry Work 8 Victim/Offender Groups 8 Relationships in Prison 13 Victim Awareness Work in Prisons 15 Restorative Justice Philosophy in Prisons 17 Issues in Custodial Settings 19 Conclusion 21 Recommendations 21 Useful Organisations 22 Organisations and People Contacted 25 References and useful Publications 27 Restorative Justice in Custodial Settings Marian Liebmann and Stephanie Braithwaite Executive Summary Introduction This lays out the scope of the task. As there is very little written material or research in this area, the authors of the report have, in addition to searching the literature in the normal way, made informal contact with a wide range of professionals and practitioners working in the field of Restorative Justice. The short timescale has meant that there is still material yet to arrive. Nevertheless a good range of information has been gathered. As part of this research, the authors undertook two surveys in April 1999, one of victim/offender mediation services’ involvement with offenders in custody, one of custodial institutions reported to be undertaking Restorative Justice initiatives. Restorative Justice We have used as a starting point a definition of restorative justice by the R.J.W.G. of Northern Ireland: “Using a Restorative Justice model within the Criminal Justice System is embarking on a process of settlement in which: victims are key participants, offenders must accept responsibility for their actions and members of the communities (victims and offenders) are involved in seeking a healing process which includes restitution and restoration." Community Service The Prison Phoenix Trust carried out two surveys of community work and projects carried out by prison establishments, in 1996 and 1998. -
Attorney's Role in the Crime Prevention
J. Basic. Appl. Sci. Res., 3(7)111-117, 2013 ISSN 2090-4304 Journal of Basic and Applied © 2013, TextRoad Publication Scientific Research www.textroad.com Attorney’s Role in the Crime Prevention Dr. Mahdi Sheidaeian1, Zeinab Sheidaeian2, Maryam Naderi Fard3 1Faculty Member University of Tehran, Iran 2, 3MA Student University of Tehran, Iran ABSTRACT Crime is a human-social phenomenon with which communities have always had to deal. For a long time penalization has been the only solution employed against criminal activity, however nowadays with the development of Criminology and Prevention Knowledge, penal repressive practices are assessed to be of low actual impact and merely some sort of a fight with the effect. Simply put, Crime Prevention constitutes an assortment of proceedings that are taken upto prevent the occurrence of crimes in the future, in order to lower crime rate. As such, Prevention consists of a wide range of penal and non-penal acts, where non-penal Prevention acts are overseen by Situational and Social Prevention. Situational Prevention seeks to make difficult the committing of a crime by changing situations and opportunities for crimes to happen in, or take away the very opportunity from the criminal instead. But the important approach recently opted for by ambitious Criminologists, is Social Prevention. In Social Prevention, many causes and factors behind crimes, including economic, social, cultural factors and so on, are analyzed, the objective of which is to lower criminal potential, or, in other words, prevent criminality. This article seeks to propose “Family Attorney” as a Social Prevention program. In fact, as Family Doctor helps prevent illnesses and improves society’s general health, Family Attorney can perform estimably in a Social Prevention of crime capacity and help improve general security; especially since most persons know little of the Law and their own social rights, and how to get proper legal advice. -
The Civil Rights Implications of "Broken Windows" Policing in NYC and General NYPD Accountability to the Public
The Civil Rights Implications of "Broken Windows" Policing in NYC and General NYPD Accountability to the Public A Briefing Report of the New York Advisory Committee to the U.S. Commission on Civil Rights March 2018 Advisory Committees to the U.S. Commission on Civil Rights By law, the U.S. Commission on Civil Rights has established an advisory Committee in each of the 50 states and the District of Columbia. These Committees are composed of state/district citizens who serve without compensation; they are tasked with advising the Commission of civil rights issues in their states/district that are within the Commission’s jurisdiction. Committees are authorized to advise the Commission in writing of any knowledge or information they have of any alleged deprivation of voting rights and alleged discrimination based on race, color, religion, sex, age, disability, national origin, or in the administration of justice; advise the Commission on matters of their state or district’s concern in the preparation of Commission reports to the President and the Congress; receive reports, suggestions, and recommendations from individuals, public officials, and representatives of public and private organizations to Committee inquiries; forward advice and recommendations to the Commission, as requested; and observe any open hearing or conference conducted by the Commission in their states/district. Acknowledgements The New York Advisory Committee thanks all of the participants in the March 20 and 21, 2017 briefings for sharing their expertise. The Committee also thanks the senior leadership of the NYPD for taking the time to share their expertise with us on the several days of interviews we conducted with them. -
Community Policing, Community Justice, and Restorative Justice
U.S. Department of Justice Office of Community Oriented Policing Services ���������������� ������������������������������������ ������������������� COMMUNITY POLICING, COMMUNITY JUSTICE, AND RESTORATIVE JUSTICE EXPLORING THE LINKS FOR THE DELIVERY OF A BALANCED APPROACH TO PUBLIC SAFETY BY CAROLINE G. NICHOLL COMMUNITY POLICING, COMMUNITY JUSTICE, AND RESTORATIVE JUSTICE Exploring the Links for the Delivery of a Balanced Approach to Public Safety By Caroline G. Nicholl A report funded by Grant No. 98-CK-WX-0059 awarded to the National Victim Center by the Office of Community Oriented Policing Services, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document do not necessarily represent the official position or policies of the U.S. Department of Justice. SUGGESTED CITATION Nicholl, Caroline G. Community Policing, Community Justice, and Restorative Justice: Exploring the Links for the Delivery of a Balanced Approach to Public Safety. Washington, DC: U.S. Department of Justice, Office of Community Oriented Policing Services, 1999. See companion document: Toolbox For Implementing Restorative Justice and Advancing Community Policing Author’s Note This report is about promoting public safety in a democracy through policing and justice. Within these few words lies a kaleidoscope of thousands of pieces. We all see those pieces dif ferently, depending on what we know and what we do not know, what we have experienced and what we have heard second- or third-hand. From my stance, the current pattern seems out of balance. Efforts with community-oriented policing and justice are heartening, but the rich potential for further reform is vulnerable. The vulnerability lies in a confusion about the cen tral point of the kaleidoscope. -
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. -
Human Rights for ALL
Human Rights for ALL A Booklet About Prisoners’ Rights Put on-line for: International CURE (Citizens United for the Rehabilitation of Errants) PO Box 2310 Washington DC 20013-2310 www.internationalcure.org HUMAN RIGHTS FOR ALL A Booklet About Prisoners’ Rights COMPILED BY C.E.CYPSER Who will speak if we don’t? Who will speak so their voice will be heard? Who will speak if we don’t? HUMAN RIGHTS FOR ALL A Booklet About Prisoners’ Rights Contents: Prisons and Prisoners --------------------------------------- 1 Laws and Documents ---------------------------------------- 4 The Declaration of Human Rights Applied to Prisoners ---------------------------------7 Declaration of Human Rights, Articles 1-30-------7-34 The Humane Principle ----------------------- -----------33 Changes in The Law Could Help--------------- --------34 Bill of Rights for The Offender ---------------- --------37 Addenda Crime Victims Bill of Rights - New Jersey --------------41 Rights of The Child - United Nations ---------------------42 Kobutsu Malone - Punishment ---------------------------44 Kenneth Bazil - Offender Disenfranchisement ------------45 Jon Marc Taylor - The Forgotten Man ------------ ------48 The Twenty-eight Points - Inmates at Attica -------------52 Published by KIM PATHWAYS 16 Young Road Katonah NY 10536 July 2000 ISBN: 1-892063069 Human Rights for All: A Booklet About Prisoners’ Rights Prisons and Prisoners There are approximately two million people incarcerated in the prisons and jails of our country. Just visualize these people for a moment. It is hard to think about two million people all at once. Most of them are men. Some are women or teen age children. These people are human beings. They have human rights. The majority of these human beings in our prisons are citizens of the United States and are protected under The Bill of Rights of The Constitution of the United States. -
Queensland Productivity Commission Inquiry Into Imprisonment and Recidivism 2018 Submission Prison Fellowship Australia (Queensland)
QUEENSLAND PRODUCTIVITY COMMISSION INQUIRY INTO IMPRISONMENT AND RECIDIVISM 2018 SUBMISSION PRISON FELLOWSHIP AUSTRALIA (QUEENSLAND) Contents TERMS OF REFERENCE & ISSUES ............................................................................................ 1 INTRODUCTION ...................................................................................................................... 1 PRISON FELLOWSHIP AUSTRALIA (QUEENSLAND) ................................................................. 2 REHABILITATION AND RESTORATIVE JUSTICE ....................................................................... 2 REINTEGRATION OF PRISONERS ............................................................................................ 9 PREVENTION AND EARLY INTERVENTION APPROACHES ..................................................... 10 CONCLUSION ........................................................................................................................ 15 TERMS OF REFERENCE & ISSUES The stated terms of reference and issues to be addressed are: 1. Rehabilitation and Restorative Justice 2. Reintegration of prisoners 3. Prevention and early intervention approaches INTRODUCTION 1. To understand Prison Fellowship Australia and the work in Queensland, it is necessary to start at the beginning, and Prison Fellowship International, from whence its genesis is. 2. Prison Fellowship International was born out of the experience of Charles Colson, a former aide to President Nixon. Convicted for a Watergate-related offence, Colson served