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Imagining Success For A Restorative Approach To Justice: Implications For Measurement And Evaluation, Jennifer J. Llewellyn, Bruce P. Archibald, Don Clairmont, Diane Crocker
Imagining Success For A Restorative Approach To Justice: Implications For Measurement And Evaluation, Jennifer J. Llewellyn, Bruce P. Archibald, Don Clairmont, Diane Crocker
Dalhousie Law Journal
Whether restorative justiceis "successful," or not, is a complex question. Attempts to answer this question by practitioners, professionals, and scholars have often been bounded by common notions of success in standard criminal justice terms. The authors of this paper suggest that ifrestorative justice is properly understood in terms of its focus on relationship, success should be measured on new and different dimensions. This paper seeks to bring a relational imagination to the scholarly effort of capturing the essence ofrestorative justice and figuring out how to assess its successes and failures. The authors offer a foundation and agenda for future research …
African Nova Scotian Restorative Justice: A Change Has Gotta Come, Michelle Y. Williams
African Nova Scotian Restorative Justice: A Change Has Gotta Come, Michelle Y. Williams
Dalhousie Law Journal
Anti-Black racism in the criminal justice system is a concern for people ofAfrican descent throughout the diaspora, including Nova Scotia-a province shaped by slavery and segregation. A relational theory of restorative justice suggests that a restorative approach to criminal harms could yield transformational results within and beyond the criminal justice system. Using a critical race analysis, this paper demonstrates that despite the theoretical promise, restorative justice practice in Nova Scotia has not met the needs of African Nova Scotians nor fundamentally transformed structural racism within the system. The author concludes that a culturally specific, community-led African Nova Scotian justice strategy …
Restorative Justice And Gendered Violence? From Vaguely Hostile Skeptic To Cautious Convert: Why Feminists Should Critically Engage With Restorative Approaches To Law, Melanie Randall
Dalhousie Law Journal
Legalremedies for crimes ofgendered violence that are more effective, expansive, creative, victim-centred, and victim-sensitive are urgently needed. The author argues that restorative justice is one promising approach -which warrants critical engagement and, more importantly, requires input from feminists in their efforts to end violence against women. The paper concludes with some key principles and recommended directions for further engagement between feminists and proponets of restorative justice in the development of approaches to the harms of gendered violence.
Trauma-Informed Approaches To Law: Why Restorative Justice Must Understand Trauma And Psychological Coping, Melanie Randall, Lori Haskell
Trauma-Informed Approaches To Law: Why Restorative Justice Must Understand Trauma And Psychological Coping, Melanie Randall, Lori Haskell
Dalhousie Law Journal
Becoming trauma informed entails becoming more astutely aware of the ways in which people who are traumatized have their life trajectories shaped by the experience and its effects, and developing policies and practices which reflect this understanding. The idea that lawand, in particular the criminaljustice system, should be trauma informed is novel, and, as a result, quite underdeveloped. In this paper we advance the general argument that more effective, fair, intelligent, and just legal responses must work from a perspective which is trauma informed. We specifically apply this argument to legal work being carried out and developed under the rubric …
Restorative Justice: Reflectionson Theory And Practice From Within The Nova Scotia Community Universityresearch Alliance, Jennifer Llewellyn, Bruce Archibald
Restorative Justice: Reflectionson Theory And Practice From Within The Nova Scotia Community Universityresearch Alliance, Jennifer Llewellyn, Bruce Archibald
Dalhousie Law Journal
Dear Readers, This issue of the Dalhousie Law Journal features research from the Nova Scotia Restorative Justice Community University Research Alliance (NSRJ-CURA) a collaborative research alliance involving community, government and university partners. The Schulich School ofLaw at Dalhousie University has been the intellectual home forthe NSRJ-CURA since 2006. The NSRJ-CURA has focused on research related to the conceptualization and institutionalization of a restorative approach to justice. The experience of Nova Scotia's restorative justice program which is among the world leaders in the area has served as a focal point and learning laboratory for this research.
Getting Past The Gatekeepers: The Reception Of Restorative Justice Inthe Nova Scotian Criminal Justice System, Don Clairmont, Ethan Kim
Getting Past The Gatekeepers: The Reception Of Restorative Justice Inthe Nova Scotian Criminal Justice System, Don Clairmont, Ethan Kim
Dalhousie Law Journal
This paper draws upon twelve years of multi-dimensional research and focuses on the reception of restorative justice in the criminal justice system in Nova Scotia. The paper traces the evolution of the restorative justice social movement, examining the launching and take-off phases, the impact on the police gatekeeping role, the receptivity and use of restorative justice by other criminal justice system professionals, its current level of institutionalization in the criminal justice system, and its future prospects.
The Effects Of Regulated Discretion On Police Referrals To Restorative Justice, Diane Crocker
The Effects Of Regulated Discretion On Police Referrals To Restorative Justice, Diane Crocker
Dalhousie Law Journal
The Nova Scotia Restorative Justice Program relies heavily on referrals from police who are authorized to refer a range of property and both violent and non-violent offences. Federal legislation and provincialprotocols guide referral decisions. Both are designed to ensure that police consider extra-judicial measures, including restorative justice. This article reports the findings ofa surveyof police officers on their views of restorative justice and the types of cases they consider appropriate for a referral. The findings confirm what other researchers have found about the types of cases police officers prefer to divert from mainstream criminal justice responses. Placed in the context …