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1.
Retributive and Restorative Justice 总被引:2,自引:0,他引:2
The emergence of restorative justice as an alternative model to Western, court-based criminal justice may have important implications
for the psychology of justice. It is proposed that two different notions of justice affect responses to rule-breaking: restorative
and retributive justice. Retributive justice essentially refers to the repair of justice through unilateral imposition of
punishment, whereas restorative justice means the repair of justice through reaffirming a shared value-consensus in a bilateral
process. Among the symbolic implications of transgressions, concerns about status and power are primarily related to retributive
justice and concerns about shared values are primarily related to restorative justice. At the core of these processes, however,
lies the parties’ construal of their identity relation, specifically whether or not respondents perceive to share an identity
with the offender. The specific case of intergroup transgressions is discussed, as are implications for future research on
restoring a sense of justice after rule-breaking. 相似文献
2.
This paper aims to evaluate four restorative justice programs in Taiwan: (1) a mediation system; (2) deferred prosecution and conditional suspended sentence; (3) a youth justice system; and (4) the Taiwan Restorative Justice Initiative. In this paper, models proposed in Marshall (Restorative justice: An overview. London: Home Office, 1999) and Braithwaite (British Journal of Criminology 42:563–577, 2002b) are used as criteria to evaluate the four programs. Based on governmental documents, official statistics, and the findings of previous empirical studies, this paper will examine whose needs and power is focused and what types of value are highlighted in those four programs. This paper finds that current restorative justice programs in Taiwan place greater emphasis on offenders than on other parties such as victims and communities. In addition, maximizing and emergent standards that Braithwaite identifies are implemented more in Taiwan’s restorative justice programs than constraining standards. This paper suggests that restorative justice practices in Taiwan need to be more concerned with victims’ needs and interests, and to strengthen constraining types of restorative justice values. 相似文献
3.
Kelly Richards 《Critical Criminology》2011,19(2):91-105
During the last quarter-century, restorative justice has emerged as a widely-utilised response to crime in Western nations.
This article, which stems from a Foucauldian genealogy of restorative justice, argues that its embeddedness within the discourse
of “empowerment” renders restorative justice a politically acceptable response to crime. “Empowerment”, it is argued, is one
of many conditions of emergence of restorative justice. The discourse of “empowerment” underpins restorative justice in tangible
ways, and has informed legislation and policy in Western jurisdictions. This article seeks to problematise the taken-for-granted
nature of this discourse. It argues that the discourse of “empowerment” produces restorative justice subjects who are increasingly
governed and governable. As “empowering” restorative practices are targeted towards “disempowered” individuals and communities,
concerns are raised about the potential of restorative justice to disproportionately impact upon socially marginalised populations
and to increase social exclusion. 相似文献
4.
In support of a unitary conceptualization of retributive justice (justice through the imposition of punishment) and restorative
justice (justice through dialogue aimed at consensus), three studies using hypothetical and recalled experiences of victimization
found that people’s endorsement of, and satisfaction with, either justice notion depends on the symbolic meaning of the transgression.
In Study 1, perceiving the transgression as a status/power violation was uniquely related to the endorsement of retributive
justice, whereas perceiving it as a violation of shared values was uniquely related to restorative justice. In Study 2, motivation
to restore status/power was related to retributive responses, whereas motivation to restore value consensus with the offender
was uniquely related to restorative responses. In Study 3, a scenario experiment, respondents called for greater additional
sanction when the applied justice process (retributive vs. restorative) did not fit the salient meaning of the transgressions
compared to when it did (status/power vs. values). 相似文献
5.
Dena M. Gromet 《Critical Criminology》2012,20(1):9-23
Psychological responses to criminal wrongdoing have primarily focused on the offender, particularly on how (and why) offender
punishment satisfies people’s need for justice. However, the restoration of the victim presents another way in which the “psychological
itch” that injustice creates can be addressed. In the present article, I discuss two lay theories of how crime victims can
be restored: a belief that the harm caused to crime victims should be directly repaired (a restorative justice approach) versus
a belief that victim harm should be addressed via the punishment of the offender (a retributive justice approach). These two
lay theories are discussed with regard to their emotional and ideological determinants, as well as situational and chronic
factors that can affect whether people adopt a reparative or punitive “justice mindset” in dealing with victim concerns (and
crime in general). 相似文献
6.
Yvon van der Pijl Brenda Carina Oude Breuil Dina Siegel 《Crime, Law and Social Change》2011,56(5):567-582
This article intends to respond to a recent call (e.g., Zhang Global Crime 10(3):178–195, 2009; Brunovskis and Surtees International Migration 48(4):1–38, 2010) for more innovative studies and methodologies in order to move beyond the current discourse on human trafficking. We do
so by describing three ethnographic fragments on the dynamics of (dealing with) sex trafficking within Europe. The concepts
of ‘friction’ and ‘collaboration’ (Tsing Cultural Anthropology 15(3):327–360, 2000, 2005) are used to analyse these fragments. These concepts refer to creative processes that occur as people interact across differences.
They give insight into how universal ideas on freedom and justice enable collaboration between parties involved in fighting
human trafficking who do not necessarily share a common goal. We conclude that the presented method of ‘patchwork ethnography’
is useful in studying sex trafficking as it implies a strong focus on connections between ‘sites of diverse knowledge’, without
losing sight of individual stories of people making those connections. ‘Patchwork ethnography’ is innovative and it allows
researchers to expose and untangle the workings of the supposedly all-powerful phenomenon and the encompassing, uniform, hegemonic
discourse surrounding human (sex) trafficking. 相似文献
7.
Kwangbai Park 《Law and human behavior》2011,35(4):288-305
This article advances a method based on standard test theories and measurement models to determine correct verdicts for jury
trials, and to estimate juror accuracy, juror ability, and trial difficulty (and the relationships among them). With five
vignette cases and 1,318 juror eligible adults as the subjects, the model consistently identified verdicts that accorded with
the judge’s instructions on the law as correct. With the correct verdicts, the strength of the relationship between juror
accuracy and juror ability was found to be substantial. These findings suggest that the assumption of equivalent accuracy
of jurors underlying the Condorcet’s jury theorem (Condorcet, Essai sur l’Application de l’Analyse a la Probabilite des Decisions
Rendues a la Pluralite des Voix, Paris, 1785) may be untenable for general cases where jurors of diverse dispositions and abilities serve together; and that the role
of juror ability in determining the accuracy of legal decisions could be more significant than that of attitudes and values
because, unlike attitudes and values, ability could affect juror’s legal decisions regardless of the type of the case. 相似文献
8.
Robert C. Davis 《Journal of Experimental Criminology》2009,5(1):25-39
This paper describes an experiment in which 465 felony arrest cases in Kings County, NY, USA, were, randomly, either filed
in court and prosecuted or sent to a dispute resolution center for adjudication. The cases all involved persons who were acquainted,
and nearly half were either intimate partners or in other immediate family relationships. The results indicated that the mediation
process was perceived more positively by complainants than was prosecution and that going through mediation enhances complainants’
perceptions of their relationships with defendants to a greater degree than going through the court process. However, there
was no evidence that mediation was no more effective than prosecution in preventing recidivism. Not surprisingly, in cases
involving intimate partners or immediate family members, the offenders were most likely to experience continuing problems
whether they were sent to mediation or were prosecuted. One of the values of this study is that, in the late 1970s, when this
research was conducted, mediation was considered by many to be a legitimate alternative to prosecution in family violence
cases, including cases arising from intimate partner violence. The data that we collected would be difficult to replicate
in today’s political climate. While our study did not find that mediation reduced the odds of recidivism in these cases, neither
did we find that mediation made victims less safe. Thus, it partially supports the sentiments of researchers such as Braithwaite
and Strang (Restorative justice and family violence. In Strang H, Braithwaite J (eds) Restorative justices and family violence.
Cambridge University Press, Cambridge, UK, pp 1−22; 2002), who argue that—given the evidence for success of restorative justice in reducing re-offending in cases other than family
violence—it is worth testing whether similar beneficial effects could be found in applying restorative justice approaches
to family violence cases.
Rob Davis is Senior Research Analyst for the Rand Corporation. He has directed more than 35 projects on victimization, domestic violence, policing, crime prevention, immigrations, courts, prosecution, and parole reentry for federal and state governments, and private foundations. A distinguishing feature of his career is that he has conducted 11 randomized experiments on criminal justice interventions from batterer intervention programs to prisoner reentry initiatives. His current work includes projects on reducing repeat victimization, victims’ rights, measuring police performance, and the role of police in peacekeeping operations. He is the author of two books on crime prevention, editor of five books on crime prevention and victimization, and author of more than 100 journal articles and book chapters. 相似文献
Robert C. DavisEmail: |
Rob Davis is Senior Research Analyst for the Rand Corporation. He has directed more than 35 projects on victimization, domestic violence, policing, crime prevention, immigrations, courts, prosecution, and parole reentry for federal and state governments, and private foundations. A distinguishing feature of his career is that he has conducted 11 randomized experiments on criminal justice interventions from batterer intervention programs to prisoner reentry initiatives. His current work includes projects on reducing repeat victimization, victims’ rights, measuring police performance, and the role of police in peacekeeping operations. He is the author of two books on crime prevention, editor of five books on crime prevention and victimization, and author of more than 100 journal articles and book chapters. 相似文献
9.
Johannes Wheeldon 《Crime, Law and Social Change》2009,52(5):527-539
While the need for new and innovative international coursework in North America has been recognized, developments in North
American Universities have been few. Building on Mathias Reimann’s (Penn State International Law Review 22:397–415 [23]) useful justification for a new basic course in international law, this paper provides a discussion of a new approach to
international justice coursework. Based on the nascent ICC and the jurisprudential developments of past international tribunals,
a discrete international legal order has emerged. This may provide an opportunity for a broader examination of international
criminal justice drawn from disciplines such as history, sociology, psychology, and criminology. By offering practical classroom
techniques to assist in the delivery of international justice coursework, this paper attempts to provoke debate and discussion
about how international coursework ought to be designed and delivered to a wider audience of undergraduate students. 相似文献
10.
Bryan R. Hogeveen 《Critical Criminology》2005,13(3):287-305
After a decade of high incarceration rates, the Canadian Department of Justice has revised its approach to juvenile justice.
Enshrined in the Youth Criminal Justice Act (YCJA), the renewed youth justice system stresses the importance and responsibility
of community for crime control. While on the surface the state’s appeals to such programmes as restorative justice seem laudable,
caution should be exercised in fully endorsing this approach. While community initiatives have been criticized for “widening
the net of social control” and intruding state control deeper into social life, their exclusionary potential is perhaps more
troubling. Following Derrida’s metaphysics of presence, I suggest that ‘community’ perpetually finds meaning in opposition
to the other. In this environment, Aboriginal youth, who are among the most marginalized in Canadian society, will likely
be the most unfavourably effected. This paper does not, however, entirely reject the Act’s appeal to community. Nevertheless,
I argue that for meaningful challenges to contemporary constructions of community and youth justice to occur the discursive
limits forced upon ‘community’ must be fractured and fashioned in ways that renounce homogeneity.
We strongly believe the solution to youth crime is in the community. Give the community the ability to deal with it and they
will (Canada 1997). 相似文献
11.
Julia J. A. Shaw 《International Journal for the Semiotics of Law》2012,25(1):71-93
In this late modern era within which the basic values of life have been reordered (driven by globalisation, the corporate
agenda and mass communication technologies), the individual has effectively been reduced to a mere abstraction. It might be
argued that the rational, moral and humanistic concept of freedom has, to a great extent, been compromised by a consequent
crisis within the intelligentsia. These groups, in particular the gatekeepers of a classical liberal approach to legal scholarship,
are caught between the twin evils of increased unreflective populism and pragmatism evident within many law schools and modern
legal institutions. Although a contested term, defenders of the ‘socio-legal’ tradition, who place the humanities at the heart
of legal research and education, are obliged to restate with increased determination the utility of the liberal arts and literature
to the law profession and wider legal community. In a normative environment, law and narrative are inextricably linked and
narrative poetry is not only invaluable to explaining the origins and location of the legal tradition, but also elicits a
mode of understanding which transcends the boundaries of narrowlydefined legal hermeneutics—which often only addresses issues
of an operational nature. French novelist Flaubert claimed “chaque notaire porte en soi les débris d’un poète” (Flaubert in
Madame bovary (trans: Wall, G.), Penguin Classics, London, 1960: 269), paraphrased by American civil rights lawyer, Clarence Darrow, as “inside every lawyer is the wreck of a poet” (Lukas
in Big trouble: a murder in a small western town sets off a struggle for the soul of America, Simon & Schuster, New York,
1997: 323). In an age of disenchantment, this paper explores the poetic form as an important medium within which to understand
the nature and function of law in a society of differentiated individuals. 相似文献
12.
13.
Kelley’s (Nebr Symp Motiv 15:192–238, 1967) attribution theory can inform sexual harassment research by identifying how observers use consensus, consistency, and distinctiveness
information in determining whether a target or perpetrator is responsible for a sexual harassment situation. In this study,
Kelley’s theory is applied to a scenario in which a male perpetrator sexually harasses a female target in a university setting.
Results from 314 predominantly female college students indicate that consistency and consensus information significantly affect
participants’ judgments of blame and responsibility for the situation. The authors discuss the importance of the reference
groups used to derive consensus and distinctiveness information, and reintroduce Kelley’s attribution theory as a means of
understanding observers’ perceptions of sexual harassment. 相似文献
14.
Pius Krütli Michael Stauffacher Dario Pedolin Corinne Moser Roland W. Scholz 《Social Justice Research》2012,25(1):79-101
Siting contested infrastructure such as repositories for nuclear waste very often faces strong local resistance. One major
reason for this opposition may arise because siting processes do not appropriately consider fairness issues such as transparency,
the availability of options, or the sufficient involvement of concerned and affected people. The aim of this study was to
analyze people’s concerns related to justice in siting nuclear waste. Besides procedural aspects, both distributive justice
and outcome valence are considered important and therefore the “total fairness model” by T?rnblom and Vermunt (Soc Justice
Res 12:39–64, 1999) was used as a framework. In three quasi-experimental studies (N
1 = 53; N
2 = 56; N
3 = 83) applying conjoint analysis, respondents ranked 11 vignettes with the three attributes procedural justice, distributional
justice, and outcome valence. Each vignette represents a realistic scenario of a site selection process for the disposal of
nuclear waste in Switzerland. All the three studies yield a consistent result: vignettes representing a situation with a fair
process are top-ranked by respondents; situations with negative outcome valence are ranked lowest; distributive issues turned
out to be of minor importance. We conclude that procedural fairness should be given more attention in any kind of contested
infrastructure siting and that real-world examples like the one discussed here can inform justice research. 相似文献
15.
Intimate partner violence (IPV), also known as domestic abuse or relationship violence, has generated a large research literature
for the last half-century, particularly in the areas of criminal justice, psychology, and the social sciences. Interventions
for victims and perpetrators of IPV have largely been sequestered to separately evolving efforts of law enforcement and the
psychotherapeutic community (Chang et al. Women’s Health Issues, 15(1), 21–30, 2005; Dalton Journal of Aggression, Maltreatment & Trauma, 15(1), 59–75, 2007; Dobash and Dobash 2000; Feder et al. 2008; Gerbert et al. Journal of Family Practice, 49(10), 889–895, 2000; Wathen and MacMillan. Journal of the American Medical Association, 289(5), 589–600, 2003). This article presents a brief overview of the historical evolution and development of these discrete perspectives and identifies
and assesses current collaborative interventions rooted in these historical precedents. In conclusion, the authors provide
a summative discussion of the most current findings of research into IPV interventions, with a particular focus on the changing
roles of race and gender in both the criminal prosecution of IPV and services provided to IPV perpetrators and victims. 相似文献
16.
Yan’an Shi 《Frontiers of Law in China》2008,3(2):294-323
The victim-offender reconciliation (VOR), practiced by the basic public security, procuratorates and courts since the advent
of 21st century, is a new mode different from the mediation or conciliation in the procedure of civil litigation or of that accessory
to the public prosecution in criminal proceeding. This mode connects the criminal justice with the mediation or private reconciliation
by themselves. Thus, non-official settlement can influence the criminal justice and the decisions of authoritative agencies.
It is beneficial to restore the victim’s interests, urge the offender to repent for his wrongdoings, compensate for the victim’s
loss and restore the damaged social relationship. The VOR in China is the same in essence as the Western restorative justice,
so it could be regarded as a Chinese mode of global restorative justice movement. Though the VOR mechanism works well, it
still brings some matter in further consideration: (a) the legitimacy of VOR; (b) the conflict against the basic concept of
crime; (c) the effect to the social reality. 相似文献
17.
This paper returns to the question of how to think of justice through Teubner’s recent definition of what he calls juridical justice. Juridical justice is defined as distinct from political, moral, social and theological conceptions of justice. Teubner attempts
to think of an imaginary space for a juridical justice ‘beyond the sites of natural and positive law’ and searches for a conception
of justice as the ‘law’s self-subversive principle’. This article reviews Teubner’s conception of juridical justice and further
proposes a distinction between juridical and non-juridical understandings of justice. 相似文献
18.
It has long been contended that the criminal justice system extends the influence of patriarchy in society. Feminist and critical
criminologists have produced countless examples of the male domination in the criminal justice system. Critics of law and
criminal justice point out that the system treats women the same way as does the mainstream society (MacKinnon 1989, 1991; Smart 1989). Therefore, criminal justice cannot be expected to remedy injustices legally before they are recognized as injustices socially.
Sociological studies in crime and delinquency have also neglected gender issues. By employing the qualititaive research approach
of field observation, this study focuses on how practitioners in three criminal courts in Southern Taiwan interact with female
defendants. The findings point out that the court system was unbending in treating the observed defendants in a condescending
manner, and expedited the trial process to pronounce the defendants’ guilt. The study aims to offer explicit and nuanced empirical
evidence of how gender complicates courtroom interaction. Evidence from this study also forms the basis for policy recommendations
and future reform in the criminal justice system. 相似文献
19.
Restoration and Retribution: How Including Retributive Components Affects the Acceptability of Restorative Justice Procedures 总被引:2,自引:1,他引:1
Two studies investigated people’s perceptions of the acceptability of restorative justice procedures for handling crimes that
differ in severity. Results from Study 1 supported our hypothesis that as crimes increase in seriousness, people require a
restorative justice procedure that also has a possible retributive component (i.e. a prison sentence). Study 1 also demonstrated
that individuals assigned lower prison sentences for offenders who successfully completed a restorative procedure as compared
to a traditional court procedure. The results from Study 2 replicated those from Study 1, as well as demonstrating that offenders
who failed to successfully complete the restorative procedure received no reduction in prison sentence. These findings suggest
that in order for citizens to view a restorative justice procedure as an acceptable alternative to the traditional court system
for serious crimes, the procedure must allow for the option of some retributive measures.
相似文献
Dena M. GrometEmail: |
20.
Constanze Beierlein Christina S. Werner Siegfried Preiser Sonja Wermuth 《Social Justice Research》2011,24(3):278-296
Previous research demonstrates that the belief in a just world is often accompanied by the justification of social inequality
and by low socio-political participation (e.g., Jost and Hunyady, Curr Direct Psychol Sci 14:260–265, 2005). However, studies provide evidence that the relations may be moderated by individual differences such as a person’s self-efficacy
expectations to promote justice and equality (Mohiyeddini and Montada, Responses to victimization and belief in a just world,
1998). At the societal level, collective political efficacy has consistently been found to foster political participation (cf.
Lee, Int J Public Opin Res 22:392–411, 2010). In our study, we tested whether collective political efficacy may attenuate the negative social impact of the belief in
a just world: It is predicted that when collective political efficacy is low, a strong belief in a just world would increase
the motivation to justify inequality. By contrast, when collective political efficacy is high, the belief in a just world
would not increase, but potentially decrease the motivation to justify inequality. In turn, justification of inequality is
expected to negatively affect socio-political participation. Data from 150 university students were analyzed using moderated
structural equation modeling. In our study, the expected moderating effect of collective political efficacy on the relation
between belief in a just world and justification of inequality was established empirically. When collective political efficacy
was high, justification of inequality did not inevitably increase with the belief in a just world. In addition, the impact
of belief in a just world on justice-promoting behavior was mediated by justification of inequality. Implications for theory
and future research are discussed. 相似文献