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.     

Litigation Costs and Before‐the‐Event Insurance: The Key to Access to Justice?

The cost of civil litigation is a key factor in determining the extent of access to justice. Following cuts in legal aid attention has focused upon finding alternative methods of assisting litigants without producing costs which are out of proportion to the damages obtained. The recent report by Lord Justice Jackson attempts to deal with concerns about increasing and disproportionate costs said to arise in part because of the encouragement of conditional fee agreements. This article considers the proposals made in the report, and argues that too little attention has been paid to before‐the‐event insurance as a means of securing access to justice for the great majority of claimants who suffer personal injury.     

A Review of Linguistic Qualifications and Training for Legal Professionals and Judicial Officers: A Call for Linguistic Equality in South Africa’s Legal Profession

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - This article is advanced against the backdrop of the 2017 monolingual English language of record...     

Procedural Justice and Order Maintenance Policing: A Study of Inner‐City Young Men’s Perceptions of Police Legitimacy

There is tension between the core tenets of procedural justice and those of order maintenance policing. Research has shown that citizens’ perceptions of procedural justice influence their beliefs about police legitimacy, yet at the same time, some order maintenance policing efforts stress frequent stops of vehicles and persons for suspected disorderly behavior. These types of programs can threaten citizens’ perceptions of police legitimacy because the targeted offenses are minor and are often not well‐defined. Citizens stopped for low‐level offenses may view such stops as a form of harassment, as they may not believe they were doing anything to warrant police scrutiny. This paper examines young men’s self‐described experiences with this style of proactive policing. Study findings highlight that order maintenance policing strategies have negative implications for police legitimacy and crime control efforts via their potential to damage citizens’ views of procedural justice.     

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.     

Space and Law, Gender and Land: Using CEDAW to Regulate for Women’s Rights to Land in Vanuatu

International laws such as The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) promise a universal system of rights to varied people in varied places. In many Pacific states this has been translated to mean that women should have the same privileges as men to control, possess and use land. This could not be further from the truth as evidenced by women’s experiences in Vanuatu, which bring home the visible and invisible spaces of international law. The insights of legal geographers into the spatialised dimensions of social, political and economic activities, together with those of feminist legal scholars into the gendered nature of law, are invaluable in understanding how some spaces are prioritized while others are devalued. We rely on these insights to uncover the prioritized legal spaces of Vanuatu and to locate them against the lived-in spaces of Vanuatu’s women. Becoming aware of the multispatiality of law is the first step in contemplating a landscape where justice can play a part.     

When Justice Can’t Be Done: The Obligation to Govern and Rights in the State of Terror

This article explores a view nearly absent from modern political theory, that there is a duty to create and secure government which imposes on some a duty to govern. This duty is grounded in philosophers as disparate as Aquinas, Locke, Hobbes and Finnis. To fail one??s duty to govern, especially over the range of goods that can only be secured by government, is to have committed a wrong against another. If there is an obligation to govern that is rooted in the common good, then one might believe there is an obligation to maintain a government which pursues the common good. After disentangling the duty to govern from political duties which are much better explored, I focus on the more subtle question of how political legitimacy and the obligation to obey the law may clash with a duty to govern. Again, it is surprising that this claim can be located in scholars as disparate as Kant, Hobbes and Finnis. Yet in each example these thinkers give us, we are troubled by the tension between the duty to maintain a government and its conceptual fellow travelers, legitimate government and the obligation to obey. Nor is this question one restricted to abstract political philosophy. Particularly troubling are scenarios in which a threat to governance might lead to a reasonable belief that the government must maintain itself by taking actions which appear illegitimate. A scenario where a government must racially profile or violate civil liberties to guard against threats to the ability to govern brings the problem to life. Difficult moments of American history ?C the interment of the Japanese during World War II, racial profiling after September 11th and the use of torture by the United States government were surely mistakes. But they make live the perceived and potential clash between a duty to maintain a government, legitimate government and our duty to obey the law.     

Injustice in School and Students’ Emotions,Well-Being,and Behavior: A Longitudinal study

School can be regarded as an important factor in the development of children’s values and attitudes. Given this great importance of justice experiences for students’ development, this study aimed at examining the influence of perceived injustice in school on students’ emotions, well-being, and behavior with an experimental longitudinal design. In total, 196 students participated in this study and came to the university with their classes to receive extra teaching once a week for six consecutive weeks. To manipulate justice perceptions, a scenario of arbitrary privilege was chosen to lead students of the experimental group to experience injustice from a beneficiary perspective. We found that students in the experimental group reported higher well-being and a higher appreciation of the opportunity to learn than the control group did. Additionally, they showed an increase in justice-related negative emotions over time; that is, they expressed more of a bad conscience and stronger feelings of anger the more they became aware of their privilege. This study shows that even subtle experiences of injustice in school can have an impact on students’ outcomes. These results are discussed with regard to practical implications.     

“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...     

It’s a Man’s World,Try to Convince the Men Otherwise: The Role of Women in Irish Policing

Police organizations are historically and predominantly male organizations; as such, the purpose of this study is to examine the role of women in Irish policing. The literature review will analyze gender-specific organizational literature, focused on the United States. Theoretical components include biological determination and social constructivism in the policing context. The study is conducted through qualitative interviews and thematic analysis of 10 current and former Gardaí in Ireland. This study empirically contributes to how the organization views gender and how those differences are institutionalized in that Gardaí are treated differently based on their gender.     

Students’ Personal Belief in a Just World,Well-Being,and Academic Cheating: A Cross-National Study

Social Justice Research - A cross-national study with university students from Germany (n?=?1135) and Turkey (n?=?634) tested whether personal belief in a just world (PBJW)...