Download Restorative Justice: Theoretical foundations by Elmar G. M. Weitekamp, Hans-Jürgen Kerner PDF

By Elmar G. M. Weitekamp, Hans-Jürgen Kerner

This publication brings jointly a range of papers initially awarded and mentioned on the fourth overseas restorative justice convention, held on the collage of Tbingen. The individuals contain a few of the prime professionals within the box of restorative justice, and so they offer a accomplished evaluate of the theoretical foundations underlying this speedily increasing circulation. Restorative Justice: Theoretical foundations addresses quite a lot of primary questions on restorative justice, contemplating among different issues ways that conceptual pitfalls could be refrained from, and the way t. learn more... Restorative Justice: Theoretical Foundations; Copyright web page; Contents; record of figures and tables; Notes on participants; Preface; 1 the form of items to come back: a framework for brooding about a restorative justice method; 2 trip to belonging; three Restorative justice and the politics of decolonization; four Justified feedback, false impression, or very important steps at the street to acceptance?; five From group to dominion: looking for social values for restorative justice; 6 Deconstructing recovery: the promise of restorative justice; 7 Restorative justice conception validation. eight Restorative justice and the way forward for diversion and casual social control9 Restorative conferencing for juveniles within the usa: incidence, strategy, and perform; 10 Restorative justice for kids: short of procedural safeguards and criteria; eleven From the 'sword' to discussion: in the direction of a 'dialectic' foundation for penal mediation; 12 Punishment, guilt, and spirit in restorative justice: an essay in felony and non secular

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6 describes a system that aspires to something less. In this system, the relational elements of crime and justice are reflected in its commitment to offering parties the opportunity to meet, the expectation that amends involve something more than restitution or community service, and the recognition that the parties deserve respect as they reintegrate. 7 Minimally restorative system Meeting, communication and agreement Apology, restitution and change Respect and assistance Invitation, acknowledgement of interests and acceptance of alternative approaches Meeting and communication Apology and restitution Respect Invitation and acknowledgement of interests Meeting and agreement Apology and change Assistance Invitation Communication and agreement Restitution and change Indifference to either victim or offender Permission to participate in traditional ways Communication Apology Indifference to both victim and offender No interest in participation of parties Agreement Restitution Stigmatization or isolation of either victim or offender Prevention of parties who wish to do so from participating No encounter elements Change Stigmatization or isolation of both victim and offender Prevention of parties who wish to do so from observing Separation of parties No amends/ new harm Safety obtained through separation of offender from victim and/or community Coercion of unwilling parties to serve state or defence interests agreements quickly without giving the victim and offender the chance to meet.

6. The term ‘voluntary’ must be used advisedly, since the offender’s decision to undertake the responsibility may be made in the context of other more onerous alternatives. However, offenders do not have such choices in either retributive or rehabilitative systems, and it is because there is choice in a restorative system that I describe this as a voluntary assumption of the elements of amends. 7. See for example, Byron R. Johnson, David B. Larson and Timothy C. Pitts (1997) ‘Religious Programs, Institutional adjustment, and recidivism among former inmates in Prison Fellowship Programs’, Justice Quarterly, 14(1), March 1997, Academy of Criminal Justice Sciences.

It often strengthens the very phenomenon we hope to discourage. I remember vividly the reflections of a participant in one of my courses, a former paramilitary exprisoner in Northern Ireland: it was not shame that caused him to change – indeed, efforts at shame had strengthened his resolve and his solidarity with his compatriots – but rather it was a new vision of meaning and belonging. The experience of shame and humiliation is a thread that runs through victims’ experiences as well, and the struggle to remove or transform it is a central element in the journey to heal and belong.

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