Popular Justice and Community Regeneration


Book Description

Formal justice systems have not served the human rights of native and aboriginal groups well and have led to growing natural and international pressure for equal treatment and increased political and legal autonomy. Indigenous activities in areas of community healing have created a fervor of interest as native peoples have shared experiences with programs that reduce addiction, family violence, child abuse, and sociocultural disintegration of traditional communities. Through ethnographic and indigenous contributions this volume penetrates the psychosocial aspects of the indigenous movement in the United States, Canada, Australia, and New Zealand. It analyzes community-based reforms and shows how years of experience in adversity, peacemaking, and community preservation have equipped native peoples with skills they now wish to share for spiritual world healing.




Repositioning Restorative Justice


Book Description

Restorative justice has become an increasingly important element in reform and change to criminal justice systems throughout the western world, and there are many reasons for satisfaction with the progress that has been made --from the point of view of victims, offenders, the level and incidence of reoffending, and in terms of public opinion. At the same time there has been cause for concern, not least to do with the confusion on aims that has accompanied the rapid spread of restorative justice practices, an over-estimate of its possibilities, a blurring of concepts and a lack of attention to legal rights and processes. This book, based on papers presented at the 5th international conference held at Leuven, Belgium in 2002, aims to provide an overview of recent experience of restorative justice in the light of these concerns. The central theme is the positioning, or repositioning, of restorative justice in contexts where it can offer hope to communities both fearful of crime and looking for more socially constructive responses to crime. At the same time restorative justice practitioners seek definition in relation to the kinds of crime it is appropriate to apply restorative justice to, how it relates to different forms of punishment, to rehabilitation, and how it fits in with criminal justice systems and the law of different countries --how to reconcile the informal, participatory philosophy of restorative justice with formal legal processes and the need for legal safeguards.




Comparative Youth Justice


Book Description

′In this pathbreaking volume Muncie and Goldson bring together leading authors to examine and compare youth justice systems around the world. Comparative Youth Justice will be of interest to all criminologists concerned with comparative penal policy and will be essential to all scholars of youth justice′ - Professor Tim Newburn, London School of Economics and Political Science and President of the British Society of Criminology ′Comparative Youth Justice is what we need in an era of hardening social policies and irresponsible political demagoguery: thoughtful critiques, comparative analysis, and a commitment to the rights of youth. John Muncie and Barry Goldson have done a fine job of bringing together a group of commentators who know the inner workings of juvenile justice and what it will take to change the current law and order model. A book that is required reading for practitioners, professors, policy makers, researchers, and students concerned about the bankrupt state of juvenile justice and willing to consider new ideas and directions′ - Tony Platt, California State University, Sacramento With contributions from leading commentators from 13 different countries, this carefully integrated edited collection comprises the most authoritive comparative analysis of international youth justice currently available. However, Comparative Youth Justice is not simply an attempt to document national similarities and differences, but looks critically at how global trends are translated at the local level. This book also examines how youth justice is implemented in practice with a view to promoting change as well as reflection. Each chapter addresses key critical issues: - the degree of compliance with international law; - the extent of repenalistion; - adulteration; - tolerance; - the impact of experiments in restoration and risk management. This book is designed as a companion volume to Youth Crime and Justice, edited by Barry Goldson and John Muncie, published simultaneously by SAGE Publications. ′This is a brilliant set of edited volumes that will be an indispensable and timely source of information and analysis for anyone with an interest in issues of youth justice and comparative criminology.′ David A. Green, Oxford University




The Problem of Justice


Book Description

For the indigenous peoples of North America, the history of colonialism has often meant a distortion of history, even, in some cases, a loss or distorted sense of their own native practices of justice. How contemporary native communities have dealt quite differently with this dilemma is the subject of The Problem of Justice, a richly textured ethnographic study of indigenous peoples struggling to reestablish control over justice in the face of conflicting external and internal pressures. ø The peoples discussed in this book are the Coast Salish communities along the northwest coast of North America: the Upper Skagit Indian Tribe in Washington State, the St¢:lo Nation in British Columbia, and the South Island Tribal Council on Vancouver Island. Here we see how, despite their common heritage and close ties, each of these communities has taken a different direction in understanding and establishing a system of tribal justice. Describing the results?from the steadily expanding independence and jurisdiction of the Upper Skagit Court to the collapse of the South Island Justice Project?Bruce G. Miller advances an ethnographically informed, comparative, historically based understanding of aboriginal justice and the particular dilemmas tribal leaders and community members face. His work makes a persuasive case for an indigenous sovereignty associated with tribally controlled justice programs that recognize diversity and at the same time allow for internal dissent.




Restorative Justice: Theoretical Foundations


Book Description

This title explores the theoretical foundations of restorative justice. It looks at restorative justice philosophy and the ways in which models have been applied to adults, corporate crime, family violence and to cases of extreme violence.




Native Americans and the Criminal Justice System


Book Description

'This collection presents significant summaries of past criminal behavior, and significant new cultural and political contextualizations that provide greater understanding of the complex effects of crime, sovereignty, culture, and colonization on crime and criminalization on Indian reservations.' Duane Champagne, UCLA (From the Foreword) Native Americans and the Criminal Justice System offers a comprehensive approach to explaining the causes, effects, and solutions for the presence and plight of Native Americans in the criminal justice system. Articles from scholars and experts in Native American issues examine the ways in which society's response to Native Americans is often socially constructed. The contributors work to dispel the myths surrounding the crimes committed by Native Americans and assertions about the role of criminal justice agencies that interact with Native Americans. In doing so, the contributors emphasize the historical, social, and cultural roots of Anglo European conflicts with Native peoples and how they are manifested in the criminal justice system. Selected chapters also consider the global and cross-national ramifications of Native Americans and crime. This book systematically analyzes the broad nature of the subject area, including unique and emerging problems, theoretical issues, and policy implications.




Criminal Justice in Native America


Book Description

Native Americans are disproportionately represented as offenders in the U.S. criminal justice system, particularly in the southwestern and north-central regions. However, until recently there was little investigation into the reasons for their over-representation. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system—in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Each of the fourteen chapters of Criminal Justice in Native America was commissioned specifically for this volume. Contributors—many of whom are Native Americans—rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles. The well-known scholar Marianne Nielsen provides a context-setting introduction, in which she addresses the history of the legal treatment of Native Americans in the United States as well as a provocative conclusion that details important issues for current and future research in Native American criminal justice studies. Intended to introduce students to the substantive concerns of a range of disciplines that contribute to Native American Studies—among them, criminal justice and criminology, law, sociology, and anthropology—Criminal Justice in Native America will interest all readers who are concerned about relationships between Native peoples and prevailing criminal justice systems.




Restorative Justice


Book Description

Restorative Justice brings together key international writings that trace the development of restorative justice from its diverse beginnings to current global policies and practices.




Navajo Nation Peacemaking


Book Description

Navajo peacemaking is one of the most renowned restorative justice programs in the world. Neither mediation nor alternative dispute resolution, it has been called a “horizontal system of justice” because all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties. In peacemaking there is no coercion, and there are no “sides.” No one is labeled the offender or the victim, the plaintiff or the defendant. This is a book about peacemaking as it exists in the Navajo Nation today, describing its origins, history, context, and contributions with an eye toward sharing knowledge between Navajo and European-based criminal justice systems. It provides practitioners with information about important aspects of peacemaking—such as structure, procedures, and outcomes—that will be useful for them as they work with the Navajo courts and the peacemakers. It also offers outsiders the first one-volume overview of this traditional form of justice. The collection comprises insights of individuals who have served within the Navajo Judicial Branch, voices that authoritatively reflect peacemaking from an insider’s point of view. It also features an article by Justice Sandra Day O’Connor and includes contributions from other scholars who, with the cooperation of the Navajo Nation, have worked to bring a comparative perspective to peacemaking research. In addition, some chapters describe the personal journey through which peacemaking takes the parties in a dispute, demonstrating that its purpose is not to fulfill some abstract notion of Justice but to restore harmony so that the participants are returned to good relations. Navajo Nation Peacemaking seeks to promote both peacemaking and Navajo common law development. By establishing the foundations of the Navajo way of natural justice and offering a vision for its future, it shows that there are many lessons offered by Navajo peacemaking for those who want to approach old problems in sensible new ways.




Reconciliation(s)


Book Description

Reconciliation(s) considers the definition of the concept of reconciliation itself, focusing on the definitional dialogue that arises from the attempts to situate reconciliation within a theoretical and analytical framework. Contributing authors champion competing definitions, but all agree that it plays an important role in building relationships of trust and cohesion. The essays in this book also consider the nature and utility of reconciliation in a number of contexts, evaluating both its function and efficacy.