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Restorative Justice And The Rule Of Law: Rethinking Due Process Through A Relational Theory Of Rights, Bruce P. Archibald
Restorative Justice And The Rule Of Law: Rethinking Due Process Through A Relational Theory Of Rights, Bruce P. Archibald
Articles, Book Chapters, & Popular Press
Restorative approaches to criminal justice can be reconciled with fundamental notions of the rule of law through a relational understanding of rights. Firstly, the paper demonstrates how theories of rights have evolved from a liberal understanding in representative democracies, where individual rights holders can trump the interests of others, to a relational theory where rights embody values which structure appropriate relationships among citizens. Second, the paper shows that relational theory can explain how formal criminal justice and restorative justice in a deliberate democracy interrelate, while embodying different, though compatible, rights, duties and remedies among wrongdoers, victims, communities and justice system …
Criminal Justice Models: Canadian Experience In European And Islamic Comparative Perspective, Bruce P. Archibald
Criminal Justice Models: Canadian Experience In European And Islamic Comparative Perspective, Bruce P. Archibald
Articles, Book Chapters, & Popular Press
This paper examines Canadian models of criminal justice in a European and Islamic comparative perspective. The traditional model of Canadian criminal justice is a state centred adversarial one intended to punish, deter and/or rehabilitate offenders who are accorded formal due process protections embedded in a liberal constitutional and procedural rights. This model has been transformed recently into an ambiguously tripartite adversarial model through an overlay of victims’ rights at all stages. However, Canadian law also recognizes alternative processes through various forms of problem solving courts and sometimes comprehensive restorative justice approaches, the latter rooted in relational notions of rights. Meanwhile, …
The Challenges Of Institutionalizing Comprehensive Restorative Justice: Theory And Practice In Nova Scotia, Jennifer Llewellyn, Bruce Archibald
The Challenges Of Institutionalizing Comprehensive Restorative Justice: Theory And Practice In Nova Scotia, Jennifer Llewellyn, Bruce Archibald
Articles, Book Chapters, & Popular Press
The Nova Scotia Restorative Justice Program ("NSRJ") is one of the oldest and by all accounts the most comprehensive in Canada. The program centres on youth justice, and operates through referrals by police, prosecutors, judges and correctional officials to community organizations which facilitate restorative conferences and other restoratively oriented processes. More than five years of NSRJ experience with thousands of cases has led to a considerable rethinking of restorative justice theory and practice in relation to governing policies, standards for program implementation and responses to controversial issues. The purpose of this paper is to explore the significance of the Nova …
A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Steve Coughlan
A Brave New World Of Criminal Justice: Neil Gerlach's Genetic Imaginary, Steve Coughlan
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In this well written and intriguing book, Neil Gerlach asks why the criminal justice system has accepted DNA evidence in much the same way that our Anglo-Saxon predecessors accepted trial by ordeal. Why have we not instead shown the same caution we show polygraph evidence? To be sure, he does not present the issue in those terms, and might shudder at the analogy. Still, the central issue he pursues in the book is the question of how DNA evidence has managed to assume its current aura of infallibility, as evidence which is somehow uniquely objective and "true": how it has …
Restorative Justice – A Conceptual Framework, Jennifer Llewellyn, R. Howse
Restorative Justice – A Conceptual Framework, Jennifer Llewellyn, R. Howse
Articles, Book Chapters, & Popular Press
Restorative justice has become a fashionable term both in Canadian and foreign legal and social policy discourse. Restorative justice is certainly not a new idea. In fact, it is foundational to our very ideas about law and conflict resolution. There is, nevertheless, a lack of clarity about the meaning of this term. Often it is used as a catchall phrase to refer to any practice which does not look like the mainstream practice of the administration of justice, particularly in the area of criminal justice. Little attention has been spent attempting to articulate what distinguishes a practice as restorative. Rather, …