On the indivisibility of rights: Truth commissions, reparations, and the right to development.
by Laplante, Lisa J.
June 4, 2015
Source: (2007) Yale Human Rights & Development Law Journal. 10(1): 141-177. While academics debate the ranking of rights, information from the field demonstrates their indivisibility. This Article explores how truth commissions provide rich documentation of the interrelation between...
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Public accountability and the Tuskegee syphilis experiments: A restorative justice approach.
by Perkiss, Abigail
June 4, 2015
Source: (2008) Berkeley Journal of African-American Law & Policy. 10(1): 70-90. On August 8, 1974, in the wake of the Watergate scandal and its incendiary aftermath, Richard Nixon resigned from the office of President of the United States, leaving the federal government in crisis and...
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Power and cooperation: Understanding the road towards a truth commission.
by Zhu, Ming M
June 4, 2015
Source: (2008) ExpressO. Truth commissions, usually described as a softer transitional justice alternative to trials, gained traction in academic circles following the establishment of South Africa’s Truth and Reconciliation Commission. Though they are praised for their value in...
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Postapartheid justice: Can cosmopolitanism and nation-building be reconciled?
by Nagy, Rosemary
June 4, 2015
Source: (2006) Law & Society Review. 40(3): 623-652. South African plaintiffs are suing numerous multinational corporations under the American Alien Tort Claims Act for aiding and abetting apartheid’s crimes against humanity. This article argues that Re South African Apartheid...
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The TRC women’s hearings as performance and protest in the new South Africa.
by Oboe, Ana lisa
June 4, 2015
Source: (2007) Research in African Literatures. 38(3): 60-76. On 28 and 29 July 1997, a special committee of South Africa’s Truth and Reconciliation Commission heard the testimonies of women who had been abused and brutalized during the years of apartheid rule by white South Africans....
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Penal policy in Scandinavia.
by Lappi-Seppala, Tapio
June 4, 2015
Source: (2007) Crime and Justice. 36(1): 217-295. Scandinavian imprisonment rates are among the lowest in Western democracies, despite 20-30 percent increases in recent years, and penal policies generally are among the mildest. Reasons for this include the continuing strength and credibility...
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Finding the balance: Ethical challenges and best practices for lawyers representing parents when the interests of children are at stake.
by Howe, William J.
June 4, 2015
Source: (2008) Family Court Review. 46(1): 78-90. This article explores ethical and practical issues facing attorneys in representing parents in a contested custody matter. The article traces the history of the way this matter has been handled historically and presents the latest thinking...
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A long walk to citizenship: morality, justice and faith in the aftermath of apartheid.
by Swartz, Sharlene
June 4, 2015
Source: (2006) Journal of Moral Education. 35(4): 551-570. Numerous initiatives, such as the Truth and Reconciliation Commission, the Race and Values in Education process of the Department of Education, the government-initiated (but now civic-led) Moral Regeneration Movement and the pervasive...
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Penal policy and practice in Belgium.
by Snacken, Sonja
June 4, 2015
Source: (2007) Crime and Justice. 36(1): 127-216. Belgian imprisonment rates increased from sixty-five to ninety-five per 100,000 population in the past quarter century, and the use of pretrial detention and long prison sentences increased. Notorious crimes, most prominently the Dutroux case,...
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Criminal mediation is the BASF of the criminal justice system: Not replacing traditional criminal adjudication, just making it better
by Simms, Larysa
June 4, 2015
Source: (2007) Ohio State Journal on Dispute Resolution. 22(3): 797-838. ” His lawyer requested the two victims’ families attend a criminal mediation with Stephen to create an agreement to serve as a recommendation to the court to reduce his sentence. … ” Criminal...
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Reintegrative shaming, procedural justice, and recidivism: The engagement of offenders’ psychological mechanisms in the Canberra RISE drinking-and-driving experiment.
by Tyler, Tom R.
June 4, 2015
Source: (2007) Law and Society Review. 41(3): 553-586. Advocates of restorative justice (RJ) hypothesize that the diversion of criminal cases to RJ conferences should be more effective in lowering the rate of reoffending than traditional prosecution in court processing because the conferences...
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Not just the peace pipe but also the lance: Exploring different possibilities for indigenous control over criminal justice.
by Milward, David
June 4, 2015
Source: (2008) Wicazo Sa Review. 23(1): 97-122. This article will begin by exploring whether contrasts between restorative and punitive models of criminal justice inform an ideological struggle between Western and Indigenous approaches of criminal justice as Indigenous communities strive for...
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Negotiated justice and the goals of international criminal tribunals.
by Petrig, Anna
June 4, 2015
Source: (2008) Chicago-Kent Journal of International and Comparative Law. 8(1): 1-31. Also, United States Judge McDonald’s replacement of Judge Cassese as President of the ICTY added to the momentum for change, as she was in strong favor of increasing the use of plea-bargaining at the...
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Rethinking the legitimacy of truth commissions: ” I am the enemy you killed, my friend”.
by Eisikovits, Nir
June 4, 2015
Source: (2006) Metaphilosophy. 37(3-4): 489–514. The most contentious aspect of South Africa’s Truth and Reconciliation Commission (TRC) concerned its amnesty-granting powers. In return for perpetrators providing full disclosure about their crimes, the TRC was authorized to...
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An End in Itself: The Role of Religion in the Texas InnerChange Freedom Initiative, 1997-2007
by Editor, Fiona
June 4, 2015
“In April 1997, Texas began a controversial faith-based prison program in the Jester II Unit, a prison in Richmond (near Houston), which inmates meeting certain criteria could volunteer to join. Originally called the “InnerChange†Pre-Release Program, the Prison Fellowship...
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