Restorative justice and reconviction

Proponents of restorative justice have suggested that its practices have the potential to reduce reoffending by those responsible for a harm. This article examines these claims using the results of two separate studies of the reconviction of offenders dealt with by processes that had restorative characteristics. The first study examines reconviction rates over'a'period'of'six years for a sample of young people who took part in family group conferences. The second study examines outcomes for samples of 100 offenders involved in each of two different community panel pre-trial diversion schemes for adults. One scheme involved offenders and victims meeting together with community panel members to determine outcomes that would repair harm to the victim and contribute to preventing reoffending. The second scheme involved Maori offenders meeting with representatives of their tribe in a setting with spiritual meaning for Maori. Those participating in both the community panel schemes were less likely to reoffend than matched samples of others who had committed similar offenses. There were also economic savings to the criminal justice system when offenders were dealt with by the panels compared to those dealt with by traditional methods. Taken together, these projects indicate that restorative processes and practices can have a positive impact on helping people to avoid reoffending.     

Dogmatic Liberalism? T.R.S. Allan and the Common Law Constitution

Book reviewed in this article:
T.R.S. Allan, Constitutional Justice: A Liberal Theory of the Rule of Law     

美国宪政精神下的表达自由--以焚烧国旗案为例

表达自由作为一种基本人权形式、公民宪法权利和政治自由,对于一国的宪政建设具有重要的意义。本文以美国司法史上发生的国旗焚烧案为例,通过对著名法官相关判决的研究,从司法实践的视角对表达自由的概念内涵和理论辩争作了初步的探讨。进而从宪政理念的维度对宪政精神与表达自由的关系进行了剖析,希图为表达自由的研究提供一种新的视角和进路。