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Restorative justice

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Full-Text Articles in Law

The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff Oct 2024

The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff

William & Mary Journal of Race, Gender, and Social Justice

As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …


Human Rights, Human Duties: Making A Rights-Based Case For Community-Based Restorative Justice, Aparna Polavarapu Oct 2024

Human Rights, Human Duties: Making A Rights-Based Case For Community-Based Restorative Justice, Aparna Polavarapu

William & Mary Journal of Race, Gender, and Social Justice

Restorative justice is often framed as an alternative to the criminal legal system, and thus justifications of restorative justice tend to be rooted in the language of the criminal system. However, this approach limits our way of thinking about the practice of restorative justice, especially non-state, community-based practices. This Article argues for an independent, rights-based justification to support these community-based practices. By offering an in-depth analysis originating from a rights-based perspective, this Article engages with two underdeveloped areas of scholarly literature and suggests a new way of thinking about the day-to-day practice of restorative justice through a human rights lens. …


The Co-Optation Of Restorative Justice And Its Consequences For An Abolitionist Future, Alicia Virani Oct 2024

The Co-Optation Of Restorative Justice And Its Consequences For An Abolitionist Future, Alicia Virani

William & Mary Journal of Race, Gender, and Social Justice

This Article explores the ways in which RJ [restorative justice] has been co-opted, argues that RJ’s core principles can never coexist with the criminal punishment system, and analyzes how RJ co-optation is a barrier to abolitionist goals. It proceeds in three parts. In Part I, I present the fundamental principles upon which RJ processes should be based. While many scholars and practitioners have identified the lack of a consistent RJ definition by which to guide the work, I propose that there are fundamental principles that serve to guide RJ, and these are in stark contrast with the principles and realities …


Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp) Fy2023 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino Jan 2024

Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp) Fy2023 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

The Massachusetts Housing Mediation Program (HMP) is a comprehensive statewide program that provides free housing mediation services as a tool to increase housing stability with the intention of preventing homelessness created by landlord-tenant disputes. It is administered by the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston and deploys the community mediation system infrastructure with 11 Community Mediation Centers (Centers) participating and serving all 14 counties of the Commonwealth to provide free conflict resolution services for tenants and landlords/property managers with housing disputes at any stage, from the earliest point a problem occurs, up to, and …


Reprieves Return: Minnesota's Decision To Awaken The Reprieve, Mary Fee, Monica Shaffer Jan 2024

Reprieves Return: Minnesota's Decision To Awaken The Reprieve, Mary Fee, Monica Shaffer

Mitchell Hamline Law Review

No abstract provided.


Looted Cultural Objects, Elena Baylis Jan 2024

Looted Cultural Objects, Elena Baylis

Articles

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …


I Hope The Final Judgment’S Fair: Alternative Jurisprudences, Legal Decision-Making, And Justice, Michael L. Perlin Jan 2024

I Hope The Final Judgment’S Fair: Alternative Jurisprudences, Legal Decision-Making, And Justice, Michael L. Perlin

Articles & Chapters

At the core of any legal decision is an assumption that the decision will be “fair,” yet this is an elusive term. A close study of cases involving criminal defendants with mental disabilities shows that many (perhaps most) of the decisions involving this cohort are not “fair” in the contexts of due process and justice. If legal decisions reflect principles such as procedural justice, restorative justice, and therapeutic jurisprudence, the chances of such fairness will be significantly enhanced. This chapter explains why this goal of fairness, in the context of these cases, can never be met absent a consideration of …


Massachusetts Community Mediation Center Grant Program (Cmc-Gp) Fiscal Year 2023 Report And Evaluation, Madhawa Palihapitiya, Karina Zeferino Dec 2023

Massachusetts Community Mediation Center Grant Program (Cmc-Gp) Fiscal Year 2023 Report And Evaluation, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

The Commonwealth of Massachusetts (MA) continued its investment in affordable, cost-effective community mediation by appropriating $2,713,465 in Fiscal Year (FY) 2023 for the Community Mediation Center Grant Program (CMC Grant Program or Program), the Program’s eleventh year. This appropriation funded the continued operations of qualified Community Mediation Centers (Centers) that deliver free or low-cost dispute resolution services to the public. The Centers serve as the backbone of mediation across the state and are the publicly funded infrastructure on which statewide dispute resolution programs are built.

The FY2023 state funding in the CMC Grant Program budget appropriation …


Mass Incarceration In America: Where's The Church?, Michael J. Wing Dec 2023

Mass Incarceration In America: Where's The Church?, Michael J. Wing

Doctoral Dissertations and Projects

Due to mass incarceration, correctional facilities in America are dealing with unprecedented levels of overcrowding, staff shortages, violence, suicide, and widespread mental illness among inmates. Budget cuts and the corresponding loss of vocational, educational, and treatment programs have exacerbated such problems. Mass incarceration and its deleterious consequences are challenging the very soul of America, and the church has largely stood by and watched this tragic situation unfold over the last fifty years. This research project has explored some of the barriers that have precluded churches from taking a more intentional, active, and impactful role in doing something about the national …


Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert Nov 2023

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …


Insanity And Incompetency: Courts, Communities, And The Intersections Of Mental Illness And Criminal Justice In The Wake Of Kahler And Trueblood, Gwendolyn West Oct 2023

Insanity And Incompetency: Courts, Communities, And The Intersections Of Mental Illness And Criminal Justice In The Wake Of Kahler And Trueblood, Gwendolyn West

Golden Gate University Law Review

Today, people with mental illnesses in the United States are ten times more likely to be incarcerated than hospitalized. About 20 percent of the United States population experiences some kind of mental illness each year, and about 3 to 5 percent of the population experiences a severe and persistent mental illness. By contrast, more than 60 percent of jail inmates and at least 45 percent of prison inmates in the United States have a diagnosed mental illness. Studies have found that anywhere from 25 percent to 71 percent of people with serious mental illness in a given community have a …


Protecting Restorative Justice Participants: The Implications Of Implementing Restorative Justice Practices Without Proper Safeguards For Participants, Abigail Young Oct 2023

Protecting Restorative Justice Participants: The Implications Of Implementing Restorative Justice Practices Without Proper Safeguards For Participants, Abigail Young

University of Miami Race & Social Justice Law Review

No abstract provided.


“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert Oct 2023

“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert

Articles

Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically …


Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Shino Yokotsuka, Karina Zeferino, Jarling Ho Aug 2023

Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Shino Yokotsuka, Karina Zeferino, Jarling Ho

Massachusetts Office of Public Collaboration Publications

This report presents over three years of systematically engaging, documenting and analyzing the diversity, equity and inclusion (DEI) needs/gaps and assets of state funded community mediation centers in Massachusetts. The report was compiled by researchers and an in-house DEI expert at the statutory state office of dispute resolution, the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 30 years.

The report is based on qualitative research that falls into the category of community based participatory research conducted through a series of community …


Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Jarling Ho, Shino Yokotsuka, Karina Zeferino Aug 2023

Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Jarling Ho, Shino Yokotsuka, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

This report presents over three years of systematically engaging, documenting and analyzing the diversity, equity and inclusion (DEI) needs/gaps and assets of state funded community mediation centers in Massachusetts. The report was compiled by researchers and an in-house DEI expert at the statutory state office of dispute resolution, the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 30 years.

The report is based on qualitative research that falls into the category of community based participatory research conducted through a series of community …


Criminogenic Risks Of Interrogation, Margareth Etienne, Richard Mcadams Apr 2023

Criminogenic Risks Of Interrogation, Margareth Etienne, Richard Mcadams

Indiana Law Journal

In the United States, moral minimization is a pervasive police interrogation tactic in which the detective minimizes the moral seriousness and harm of the offense, suggesting that anyone would have done the same thing under the circumstances, and casting blame away from the offender and onto the victim or society. The goal of these minimizations is to reinforce the guilty suspect’s own rationalizations or “neutralizations” of the crime. The official theory—posited in the police training manuals that recommend the tactic—is that minimizations encourage confessions by lowering the guilt or shame of associated with confessing to the crime. Yet the same …


Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp) In Fy2022, Madhawa Palihapitiya, David Sulewski, Karina Zeferino, Jarling Ho Mar 2023

Increasing Housing Stability Through State-Funded Community Mediation Delivered By The Massachusetts Housing Mediation Program (Hmp) In Fy2022, Madhawa Palihapitiya, David Sulewski, Karina Zeferino, Jarling Ho

Massachusetts Office of Public Collaboration Publications

This report presents findings and recommendations from an evaluation of the Massachusetts Housing Mediation Program (HMP) administered by the MA Office of Public Collaboration (MOPC) at the University of Massachusetts Boston in partnership with 11 Community Mediation Centers (Centers). The program is funded by the Commonwealth of Massachusetts and implemented in partnership with the Department of Housing and Community Development (DHCD). The program was initially part of the Governor’s Eviction Diversion Initiative (EDI), which ended in the latter half of FY2022 and is continuing as an intervention to support housing stability. The evaluation was conducted by MOPC’s research unit comprised …


Regulation As Respect, Cristie Ford Jan 2023

Regulation As Respect, Cristie Ford

All Faculty Publications

The so-called “meme stock” phenomenon of early 2021 was an unexpected, riveting, short-lived, and ultimately tragicomic (or maybe just tragic) event. It was the product of many things but, on some level and for some investors, it was political protest: grassroots “voice” in the form of online stock purchases.

The modern regulatory state does not have effective mechanisms for absorbing public perspectives in all their variety and nuance. Public input mechanisms (including but not limited to notice and comment rulemaking) are embedded within what Julie Cohen and Ari Waldman have called the “regulatory managerialist” model. Within this paradigm, non-expert knowledges …


High Anxiety: Racism, The Law, And Legal Education, Elayne E. Greenberg Jan 2023

High Anxiety: Racism, The Law, And Legal Education, Elayne E. Greenberg

Faculty Publications

Conspicuously absent from the United States’ ongoing discourse about its racist history is a more honest discussion about the individual and personal stressors that are evoked in people when they talk about racism. What if they got it wrong? The fear of being cancelled - the public shaming for remarks that are deemed racist - has had a chilling effect on having meaningful conversations about racism. What lost opportunities!

This paper moves this discussion into the law school context. How might law schools rethink their law school curricula to more accurately represent the role systemic racism has played in shaping …


The (Immediate) Future Of Prosecution, Daniel C. Richman Jan 2023

The (Immediate) Future Of Prosecution, Daniel C. Richman

Faculty Scholarship

Even as others make cogent arguments for diminishing the work of prosecutors, work remains – cases that must be brought against a backdrop of existing economic inequality and structural racism and of an array of impoverished institutional alternatives. The (immediate) future of prosecution requires thoughtful engagement with these tragic circumstances, but it also will inevitably involve the co-production of sentences that deter and incapacitate. Across-the-board sentencing discounts based on such circumstances are no substitute for the thoughtful intermediation that only the courtroom working group – judges, prosecutors and defense counsel- can provide. The (immediate) future also requires prosecutors to do …


A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia González Sep 2022

A Call For An Intersectional Feminist Restorative Justice Approach To Addressing The Criminalization Of Black Girls, Donna Coker, Thalia González

St. John's Law Review

(Excerpt)

The persistent criminalization and pathologizing of Black youth in the U.S. educational system is a fundamental driver for their entry into the criminal legal system. Despite decades of evidence of the far-reaching harms of the “school-to-prison pipeline” and, more recently, demands from Black Lives Matter activists to defund school police, the role of schools in criminalizing Black girls has been left out of mainstream academic discourse. This occurs even though Black girls experience some of the most subjective and discriminatory practices in schools and evidence of an upward trend in discipline disparities since the mid-2000s. For Black girls with …


Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman Jul 2022

Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman

The Journal of Social Encounters

No abstract provided.


Pusaran Konflik Agraria Dan Model Resolusi Konflik Berbasis Keadilan Restoratif, Nurnaningsih Nurnaningsih Jun 2022

Pusaran Konflik Agraria Dan Model Resolusi Konflik Berbasis Keadilan Restoratif, Nurnaningsih Nurnaningsih

Jurnal Hukum & Pembangunan

Land acquisition for public purposes does not really provide a solution for the National Strategic Project (PSN). Many land conflicts continue to occur as a result of this. The construction of the Bener Dam in Wadas Village, Bener District, Purworejo Regency, Central Java Province is one of the conflicts over the PSN. For that we need a solution that guarantees justice and legal protection for the people in Indonesia.


Lighting A Spark, Playing With Fire: Feminism, Emotions, And The Legal Imagination Of Campus Sexual Violence, Daniel Del Gobbo May 2022

Lighting A Spark, Playing With Fire: Feminism, Emotions, And The Legal Imagination Of Campus Sexual Violence, Daniel Del Gobbo

Dalhousie Law Journal

Feminist law and policymakers have been inspired by collectively generated experiences of emotion that help to shape what counts as justice and injustice in campus sexual violence cases. Focusing on events surrounding the Dalhousie University Faculty of Dentistry in 2014–2015, this article explains how emotional incitements in the case contributed to an infrastructure that supported formal and specifically carceral responses to campus sexual violence. Correspondingly, this article explains why alternative modes of legal and political formation that challenged the premises of the formal law, including restorative justice, were misread by some commentators as a form of “weak justice” and therefore …


Asset Based Community Development: A Journey To Meeting The Needs Of The Whole Child., Beth Bradley Penley, Victor Morales Mar 2022

Asset Based Community Development: A Journey To Meeting The Needs Of The Whole Child., Beth Bradley Penley, Victor Morales

National Youth Advocacy and Resilience Conference

This program will tell the story about one school district's journey to meeting the needs of the whole child. A shift in school culture from a reactive to a proactive purpose shaped the mindset of staff as they embarked in partnering with the local community to build a resource network to meet the needs of the students in which they serve. In addition to building community partnerships, the components of a successful intervention continuum are discussed including Positive Behavior Intervention and Support, Community in Schools, and the American School Counseling Association Model.


Foreword, Michelle E. Mazzola Jan 2022

Foreword, Michelle E. Mazzola

Journal of Race, Gender, and Ethnicity

No abstract provided.


Sexual Violence, Intangible Harm, And The Promise Of Transformative Remedies, Jill C. Engle Jan 2022

Sexual Violence, Intangible Harm, And The Promise Of Transformative Remedies, Jill C. Engle

Journal Articles

This Article describes alternative remedies that survivors of sexual violence can access inside and outside the legal system. It describes the leading restorative justice approaches and recommends one of the newest and most innovative of those—“transformative justice”—to heal the intangible harms of sexual violence. The Article also discusses the intersectional effects of sexual violence on women of color and their communities. It explains the importance of transformative justice’s intersectional approach to redress sexual violence. Transformative justice offers community-based, victim-centric methods that cultivate deep, lasting healing for sexual violence survivors and their communities, with genuine accountability for those who have caused …


Criminal Law’S Core Principles, Paul H. Robinson Jan 2022

Criminal Law’S Core Principles, Paul H. Robinson

All Faculty Scholarship

Modern criminal law scholars and policymakers assume they are free to construct criminal law rules by focusing exclusively on the criminal justice theory of the day. But this “blank slate” conception of criminal lawmaking is dangerously misguided. In fact, lawmakers are writing on a slate on which core principles are already indelibly written and realistically they are free only to add detail in the implementation of those principles and to add additional provisions not inconsistent with them. Attempts to do otherwise are destined to produce tragic results from both utilitarian and retributivist views.

Many writers dispute that such core principles …


Community-Based Policymaking: Effecting Policy Change Through Lawyer-Leadership, Davis Polk Leadership Initiative Jun 2021

Community-Based Policymaking: Effecting Policy Change Through Lawyer-Leadership, Davis Polk Leadership Initiative

Davis Polk Leadership Initiative

Two years out of law school and equipped with Columbia Law School’s Lowenstein Fellowship,which supported her pursuit of a public interest career, Gabriella Barbosa (CC ’08, CLS ’13) began working as a Policy Director at Los Angeles Unified School District (LAUSD) in District 5.Upon joining, Gabriella and her supervisor formed a parent engagement committee of parentrepresentatives, grassroots organizations, and district leaders to identify and address concernsabout the schools in District 5 through systemic policy reform.

During an early meeting of the Committee, participants from one of the grassrootsorganizations in attendance, Parent Organization Network (PON), raised the issue of DisruptivePerson Letters …


Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein Apr 2021

Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein

Michigan Law Review

A Review of Until We Reckon: Violence, Mass Incarceration, and a Road to Repair. by Danielle Sered.