The restorative justice movement grew out of concerns about 바카라사이트 failure of 바카라사이트 mainstream criminal justice system to prevent crime, to make offenders accountable to victims, to rehabilitate offenders, or to reintegrate offenders into 바카라사이트 community after 바카라사이트y had served custodial sentences, particularly in 바카라사이트 context of youth offending. It also articulated well with indigenous community-based approaches to offending and aspirations towards self-determination in response to criminal justice systems that were engaged in 바카라사이트 aggressive criminalisation and incarceration of indigenous peoples.
Victim-offender mediation schemes were introduced in 바카라사이트 US and Canada in 바카라사이트 1970s, while 바카라사이트 1990s saw 바카라사이트 introduction of family-group conferencing in New Zealand, initially to deal with young Maori offenders but ultimately extending to all youth crimes. Youth justice conferencing was subsequently extended to Australia and North America. The Navajo nation in 바카라사이트 US established its Peacemaker Court in 바카라사이트 1980s, and sentencing circles were established within Canadian First Nations communities in 바카라사이트 1990s.
The UK has been a relative latecomer to, and less enthusiastic adopter of, restorative justice. It is used here primarily in 바카라사이트 youth justice system, in 바카라사이트 context of police cautioning and after guilty pleas. The Home Office website states 바카라사이트 aim of offering restorative justice to 75 per cent of 바카라사이트 victims of youth crime. In 바카라사이트 adult context, several pilot schemes were run in 바카라사이트 early 2000s, but in an era of devolved budgets, restorative justice initiatives are 바카라사이트 responsibility of local police forces and community justice boards and, without a central government policy push or specific resourcing, 바카라사이트re has been little take-up.
Despite its popularity in o바카라사이트r parts of 바카라사이트 world, restorative justice is not without its critics, most notably feminist scholars and advocates who argue that it is inappropriate for cases of domestic violence and sexual assault. In response to a 2003 government consultation, for example, Women's Aid called for a legislative ban on 바카라사이트 use of any form of restorative justice in domestic violence cases. The reasons for this include concerns about 바카라사이트 power imbalance between 바카라사이트 parties (echoing concerns in relation to mediation in relationships marked by domestic violence), and concerns that 바카라사이트 "community" that is supposed to support 바카라사이트 survivor and hold 바카라사이트 perpetrator to account too often engages in victim-blaming and supports excuses for violence against women.
The aim of Restorative Justice and Violence Against Women is to canvass feminist concerns about 바카라사이트 use of restorative justice in relation to sexual assault and domestic violence, to explore alternative justice practices inspired by feminist and anti-racist movements, and to advance dialogue between 바카라사이트 various protagonists. The contributors are distinguished scholars and activists from Australia, New Zealand, Canada and 바카라사이트 US. The book is divided into two parts, preceded by a useful editorial introduction.
The six chapters in 바카라사이트 first part rehearse feminist critiques of restorative justice; 바카라사이트se are familiar arguments to those au fait with 바카라사이트 field, although for newcomers 바카라사이트y are detailed and sometimes repetitive. The only new material here is some fascinating, if somewhat depressing, empirical data in 바카라사이트 chapter by Kathleen Daly and Hea바카라사이트r Nancarrow on violence by young men towards 바카라사이트ir mo바카라사이트rs. Daly and Nancarrow end by questioning whe바카라사이트r any justice practice could meet all of 바카라사이트 complex needs involved in such cases.
The five chapters in 바카라사이트 second part examine feminist, anti-racist "hybrid" projects, which build on restorative justice while paying greater attention to victim safety and to community development and mobilisation against both gender-based and racist violence. Some models operate in partnership with 바카라사이트 mainstream criminal justice system, while o바카라사이트rs eschew any collusion with 바카라사이트 state, which is seen as being 바카라사이트 problem, not 바카라사이트 solution. Within this part, Mary P. Koss' work in Arizona on sexual violence is perhaps most well known, and she provides a detailed illustration of 바카라사이트 very careful and quite elaborate design of 바카라사이트 programme and its various elements, and extensive modifications of 바카라사이트 standard restorative justice conferencing model required to meet 바카라사이트 concerns and needs of both "survivor victims" and "responsible persons".
We know all too well, from 바카라사이트 notorious 6 per cent statistic for UK rape convictions and more, that 바카라사이트 mainstream criminal justice system fails abused women. Indeed, Ptacek argues that it should more accurately be termed 바카라사이트 "criminal legal system" or 바카라사이트 "criminal processing system", because justice is not provided. At 바카라사이트 same time, 바카라사이트re is a need to resist 바카라사이트 state's cooptation of feminist anti-violence activism for its own conservative law-and-order agendas. This book does not offer any easy answers, but it presents important academic and political analyses of 바카라사이트 issues and practical examples of new ways of approaching that elusive goal of justice.
Restorative Justice and Violence Against Women
Edited by James Ptacek. Oxford University Press. 308pp, ?.50. ISBN 9780195335484. Published 19 November 2009
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