Procedural Justice for Victims and Offenders?: Exploring Restorative Justice Processes in Australia and the US

Sociolegal research indicates that when citizens perceive that legal processes and procedures are fair, both positive and negative legal outcomes will be viewed as acceptable. However, little is known about perceptions of fairness in informal contexts such as in restorative justice (RJ) practices and with victims (and offenders) who participate in these programs. Drawing on interviews with key actors engaged in post-conviction RJ programs for serious crimes in Australia and the USA, this paper asks, do post-conviction therapeutic RJ programs for violent crimes enhance procedural justice for victims and offenders? The data reveal that RJ is compatible with procedural justice for both victims and offenders. Specifically, RJ aids in correcting the harms created by the formal criminal justice system and, thus, satisfies and even greatly enhances procedural justice goals for both victims and offenders.     

Sexual Offences in Vanuatu under the Light of Custom and Law: “An Avenue for Restorative Justice”

This paper will focus on the Republic of Vanuatu’s society and customs relevant to this topic. I will consider the laws made by the legislature to deal with sexual offences in Vanuatu and how they are being implemented or enforced. I will also discuss the different provisions under the law whereby accused persons have an option to actually compensate the victim of the offence and how it is being used in Vanuatu in relation to sexual offences. This paper will also look at how Vanuatu’s culture influences the prosecution or the sentencing of sexual offences or dealing with such crimes in the first place. This will reveal whether Vanuatu’s customary approaches to sexual offences actually support the state’s laws to punish such offenders and if a more fair and just process is needed where the voices of the offender as well as the victim are heard. Custom usually does not allow the victim to speak, and the victim’s parents and the elders of the community decide how the offender should be dealt with. Neither the formal court process nor the customary reconciliation process seem to take into account the wishes and interests of the victim and the offender. The flaws within the legal system and customary laws in addressing victims’ and offenders’ issues will be examined and an alternative process of restorative justice will be discussed.     

Proportionality in Sentencing and the Restorative Justice Paradigm: ‘Just Deserts’ for Victims and Defendants Alike?

The doctrine of proportionality seeks to limit arbitrary and capricious punishment in order to ensure that offenders are punished according to their ‘just desert’. In Australian sentencing law, proportionality goes some way toward achieving this ‘balanced’ approach by requiring a court to consider various and often competing interests in formulating a sentence commensurate with offence seriousness and offender culpability. Modification of sentencing law by the introduction of victim impact statements or the requirement that sentencing courts take explicit account of the harm done to the victim and community has generated debate, however, as to the extent to which offenders may be now subject to unjustified, harsher punishments. This article proposes that in order to overcome the controversy of the modification of offender and victim rights in sentencing, sentencing courts adhere to a doctrine of proportionality that is explicitly sensitive to the needs of victims and offenders in a model of restorative justice that focuses on the consequences of crime as against the individual, rather than the state. The extent to which proportionality, as the current constitutive principle of Australian sentencing law, may be modified to better encourage a dialogue between victim and offender is discussed.     

Peircean Semeiotic and Legal Practices: Rudimentary and “Rhetorical” Considerations

Too often C. S. Peirce’s theory of signs is used simply as a classificatory scheme rather than primarily as a heuristic framework (that is, a framework designed and modified primarily for the purpose of goading and guiding inquiry in any field in which signifying processes or practices are present). Such deployment of his semeiotic betrays the letter no less than the spirit of Peirce’s writings on signs. In this essay, the author accordingly presents Peirce’s sign theory as a heuristic framework, attending to some of the most important ways that it might serve to facilitate a semeiotic investigation of our legal practices. He pays close attention to the ways the topics of history, formalism, reductionism, and generality become, from a Peircean perspective, salient features of legal studies.

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Expanding the Boundaries of Criminal Justice: Emphasizing the “S” in the Criminal Justice Sciences through Interdisciplinary Efforts

At its very core, the phrase “criminal justice sciences” points to the interdisciplinary nature of our field. However, efforts to promote and support interdisciplinary teaching and research face significant barriers. In this paper, I address how interdisciplinarity is conceptualized, the history of criminal justice as an interdisciplinary field, why we should promote interdisicplinarity, barriers we confront in interdisciplinary efforts, the degree to which ACJS members engage in interdisciplinary practices, factors related to interdisciplinarity, and opportunities for increased interdisciplinary research in criminal justice. To grow as an academic field, I conclude that we must look to other disciplines such as biology, computer science, policy, and women’s studies as we expand our disciplinary boundaries.     

Governing aboriginal justice in Canada: Constructing responsible individuals and communities through ‘tradition’

In recent years, Aboriginal justice projects have gained in popularity in such places as Australia, New Zealand, the United States, and Canada. However, these programs have remained relatively insulated from external critique, particularly as it relates to the problem of grafting “traditional” principles onto non-traditional forms of social organization. The purpose of this paper is to discuss this shortcoming in the context of examining the relationship between newly emerging neo-liberal discourses about personal responsibility and the function of “community” as a domain of freedom, in Aboriginal restorative justice programs in Canada. This revised version was published online in July 2006 with corrections to the Cover Date.     

Exploring the “Lost and Found” of Justice Theory and Research

Scientific interest in the nature of how people think about justice and fairness began approximately 70 years ago with Stouffer’s classic study on the American soldier. Since then there have been numerous theoretical frameworks and thousands of research studies conducted on what people perceive as fair and the consequences of making a fairness judgment. The goal of this article is to dig through the “lost and found” box of justice research in an attempt to re-examine where we have been, issues and ideas we may have forgotten, and to gain insight on directions we may want to go in the future. The key rediscovery of this review is that perspective matters. Specifically, how people interpret fairness depends critically on whether they are viewing a situation in terms of their material, social, or moral needs and goals. The implications of adopting a contingent theory of how people reason about fairness are discussed.

More on Ultimate and Immanent Justice: Results from the Research Project “Justice as a Problem within Reunified Germany”

In earlier studies it was shown that two domain-specific variates of belief in a just world, namely belief in immanent justice and belief in ultimate justice concerning severe illness, differ systematically and significantly. Only immanent justice leads to accusation and derogation of innocent victims while ultimate justice is concordant with positive evaluations of victims and helping behavior. With regard to the research project Justice as a Problem within Reunified Germany (GiP, from the German Gerechtigkeit als innerdeutsches Problem), two new scales were developed for purposes of measuring general belief in immanent and ultimate justice. Using a sample of 929 West Germans and 1,275 East Germans, some of the correlation patterns found in earlier studies could be replicated. For example, immanent justice did correlate with draconian judgments (the proneness to strict and severe judgments), while ultimate justice was associated with mildness. Only ultimate justice correlated with existential guilt about the underprivileged. Beside this confirmation of earlier findings, new correlation patterns were revealed. For example, only immanent justice correlated with the equity principle, whereas ultimate justice corresponded to the need and equality principles.     

“Fair and Balanced?” Justice Issues on Political Talk Shows

Like their news program predecessors, many political talk shows focus a considerable amount of their coverage on justice issues. Although numerous past studies have examined justice issue presentation in news programs, infotainment, and crime drama, to date only one forthcoming study has examined crime and justice coverage on political talk shows. Political talk shows often present issues in a debate format, as well as emphasize the balanced nature of the content in advertising, with one program even using the slogan “fair and balanced.” Building upon the format of previous media studies, we analyzed a composite month of videotaped footage of three popular political talk shows appearing on cable networks: CNN’s Lou Dobbs Tonight, MSNBC’s Hardball with Chris Mathews, and The O’Reilly Factor from the Fox News Channel. Using content analysis techniques, this study examines balance in the form and content of these programs in terms of presentation of justice issues, political party identification of hosts and guests and realistic presentations of race and gender in the context of crime and justice. Results indicate that these programs tend to adopt an advocacy tone rather than an objectivist one. Furthermore, we demonstrate that racial and gender portrayals of crime and justice on these shows are significantly distorted from reality, with a priority afforded to white female victims of violent crime and minority male offenders.     

Military Justice: Case Processing and Sentencing Decisions in America’s “Other” Criminal Courts

A wealth of criminological research examines punishment outcomes in state and federal courts, but virtually no research examines the thousands of defendants punished in the military justice system each year. Military courts are characterized by unique case processing norms and distinctive socio-cultural influences that shape punitive decision-making in key ways. The current study provides a broad, systematic analysis of the correlates of criminal case processing in this rarely examined court context. It analyzes a large sample of Air Force court-martial cases, evaluating the evidence for gender and racial/ethnic disparities and the influence of military-specific considerations. Findings indicate that some factors, like offense seriousness, exert influences that are largely consistent with the civilian court literature, but others including gender, race/ethnicity and case processing decisions operate in ways that are particular to military courts. Results are interpreted in light of contemporary sentencing theoretical perspectives.     

Criminal Justice “Hollywood Style”: How Women in Criminal Justice Professions Are Depicted in Prime-Time Crime Dramas

With the abundance of prime-time crime dramas on television, it is imperative that researchers examine how female criminal justice professionals are depicted in the world of fiction versus in reality. In this study, a content analysis of 10 prime-time television crime dramas was conducted. Of the 69 characters observed, female criminal justice professionals were portrayed as young, White, and single. Female characters were more provocatively dressed, and they also were more likely to be victims of crime. Unlike previous studies that showed that female characters were underrepresented on prime-time television, here women were overrepresented as crime scene investigators, detectives, and special agents. Stereotypical images of women as subordinate, nurturing, affectionate, and sexually attractive still prevail. However, compared to their male counterparts, female characters were equally assertive, self-confident, and competitive.     

“Just Describing is Not Enough”: Policy Learning,Transfer, and the Limits of Best Practices

Despite widespread use in the cultural field, best practices remain theoretically and empirically under-researched. The aim of this article is to achieve better understanding of their use and effectiveness in policy learning and transfer, using a case study of a cross-national policy coordination process in the European Union, the Open Method of Coordination. Using empirical data from interview and participant observation material, the article highlights several fundamental challenges of best practices, such as issues of contextualization, representativeness, and critical analysis. It finishes by offering six critical reflection questions on the use of best practices.     

“Here,It’s Like You Don’t Have to Leave the Classroom to Solve a Problem”: How Restorative Justice in Schools Contributes to Students’ Individual and Collective Sense of Coherence

Social Justice Research - Students face innumerable stressors, in and outside of schools. Some schools are better able to support students to thrive, individually and collectively, in the midst of...     

“Broken Windows,” Urban Policing, and the Social Contexts of Race and Neighborhood (Dis-)Empowerment

Robert Sampson’s “Great American City” is a methodologically rich and theoretically broad contribution to the literature on durable inequality in US cities. While empirically clear on the causes and consequences of lasting social exclusion, the text’s insights remain somewhat trapped behind the “collective efficacy” language of the “broken windows” theories it attempts to shatter. In looking at community empowerment, or its lack, in the inner-city, the racialized role of urban police must be central to any analysis of the cycle of crime and poverty, and how to break it.     

The “Economic Battle” Now and Then: (E)valuation Patterns of Distributive Justice in Cuban State-Socialism

This article disentangles and explores some commonly made assumptions about egalitarian state-socialist ideologies. Based on the conceptual framework of the multiprinciple approach of justice, it presents the results of an in-depth analysis of (e)valuation patterns of distributive justice in Cuban state-socialism. The analysis mainly focuses on ideational conceptions of distributive justice (just rewards), but it also accounts for distribution outcomes and resulting (in)equalities (actual rewards). The results of the comparative case study of the Cuban framework of institutions and political leaders’ views in two periods of time, the early 1960s and the 2010s, point to (e)valuation patterns that are generally labelled as egalitarian, such as the allocation rules of outcome equality and (non-functional) needs. However, contrary to common assumptions about egalitarian state-socialist ideologies, the results also point to several other patterns, including equity rules as well as functional and productivist allocation rules. I argue that many of these (e)valuation patterns, in their connection to the discursive storyline of the Cuban economic battle, are indeed compatible with egalitarian state-socialist ideology.

     

“Why There?” Islamophobia, Environmental Conflict, and Justice at Ground Zero

Conflicts over environmental spaces that are sites of trauma or have been designated as sacred involve questions about who has a legitimate stake in determining the use of the site, and where the hallowedness attached to that space ends. We examine these questions in a study of the 2009–2010 controversy about the Park51 [sic] Islamic Community Center, sometimes called the “Ground Zero Mosque,” to examine how issues of distributive, procedural, and inclusionary justice play out in a conflict over valuable land close to Ground Zero. This conflict, though in a specifically fraught locale, speaks to resistance to mosque construction in the USA and Europe. Using newspaper articles on the public debate as data (N = 65), and performing a thematic analysis, we identified four key themes: (1) views of Islam, (2) conflict, (3) American identity and ideals, and (4) proximity and place. Utilizing Chi square analyses to examine the effect of propinquity on support for Park51, we found that people living within New York City were more likely to support Park51 than those outside of the city. Our conclusion discusses constructs that link values, space, and social relations—hallowed ground, place attachment, social distance—and discuss their relationship to justice. We argue that while several kinds of justice are relevant, at its heart, this conflict concerns inclusionary questions about who can speak, who belongs, and who should be excluded.     

<Emphasis Type="Italic">Communities at Large</Emphasis>: An Archaeological Analysis of the ‘Community’ Within Restorative Justice Policy and Laws

Within the scholarly literature on restorative justice, the ‘community’, as a distinctive crime stakeholder, has been the target of extensive research. This work provides an original interpretation of the underlying images of the community within policy documents and legal statutes on RJ produced in England and Wales since 1985. The paper begins with an outline of the most recurrent representations of the community in relevant laws and policy, unearthing their theoretical underpinnings. The next step aims to infer from the general representations a range of more specific features, and to sketch out an ‘ideal’ model of community in restorative justice, whose cultural background is also outlined. As a final step, some critical reflections on the implications of the ‘ideal community’ are offered. By identifying what is taken for granted in laws and policies on restorative justice and its cultural context, this study aims to foster a critical “reality check” on this specific development of western penal policy, relevant for the restorative justice movement, at the international level.