Boundary Changes and the Nexus Between Formal and Informal Social Control: Truancy Intervention as a Case Study in Criminal Justice Expansionism
by Bazemore, Gordon
June 4, 2015
Source: (2004) Notre Dame Journal of Law, Ethics & Public Policy. 18: 521-570. Among many longstanding debates about roles, purposes, and components of criminal justice (e.g., punishment, deterrence, state intervention, and rehabilitation), one that has gained prominence in the last...
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Remembrance of Things Past? The Relationship of Past to Future in Pursuing Justice in Mediation
by Menkel-Meadow, Carrie J
June 4, 2015
Source: (2004) Cardozo Journal of Conflict Resolution. 5: 97-115. Often, much of the emphasis in mediation and conflict resolution focuses on moving forward, on future-oriented thinking and feeling. However, asks Carrie Menkel-Meadow, what must be remembered and acknowledged before people or...
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Reparations for Apartheid’s Victims: The Path to Reconciliation?
by Andrews, Penelope E
June 4, 2015
Source: (2004) DePaul Law Review. 53: 1155-1180. The question of making reparations to victims in situations of systemic and widespread injustice and human rights violations is fraught with difficult complexities and questions. For example, who counts as a victim, and who makes the...
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The Navajo Nation’s Peacemaker Division: An Integrated, Community-based Dispute Resolution Forum
by Brown, Howard L
June 4, 2015
Source: (1999) American Indian Law Review. 24(2): 297-308. As Howard Brown writes, for hundreds of years the Navajo people have used a community-based dispute resolution ceremony to deal with conflicts. This ceremony brings together a variety of participants, with their respective wisdom,...
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Prescription for Safer Communities
by Colson, Charles
June 4, 2015
Source: (2004) Notre Dame Journal of Law, Ethics & Public Policy. 18: 387-399. Chuck Colson and Pat Nolan write that, for over three decades, the United States has been unable to reduce the high rate of crime and make communities safer. From personal and professional experience, Colson...
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Reconciliation: Building a Bridge from Complicity to Coherence in the Rhetoric of Race Relations
by Hatch, John B
June 4, 2015
Source: (2003) Rhetoric & Public Affairs. 6(4): 737-764. Race relations “racial inequality and racial antagonism” remain a significant problem in the United States, writes John Hatch. Concurrently, there is an international trend toward interethnic and interracial...
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Transition and the Reasons of Memory
by Eze, Emmanuel Chukwudi
June 4, 2015
Source: (2004) The South Atlantic Quarterly. 103(4): 755-768. In this essay, Emmanuel Chukwudi Eze delves into questions pertaining to forgiveness in the aftermath of human rights abuses under apartheid in South Africa. For example, what motivates victims of abuses to forgive? What does it...
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Rehumanizing the Other: Empathy and Reconciliation
by Halpern, Sylvie
June 4, 2015
Source: (2004) Human Rights Quarterly. 26: 561–583. The health effects of intra-ethnic conflict include hatred and fear among neighbors and friends who have become enemies. The dehumanization of specific groups through concomitant stereotyping does not stop when conflicts end. The...
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Remarks on Case-Management Criminal Mediation
by Laflin, Maureen E
June 4, 2015
Source: (2004) Idaho Law Review. 40: 571-622 In the United States, the use of mediation for criminal cases is becoming more frequent. It is no longer limited to juvenile cases, lesser adult criminal cases, and so-called victim offender programs. An increasing number of attorneys and judges are...
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Integrating Remorse and Apology into Criminal Procedure
by Bibas, Stephanos
June 4, 2015
Source: (2004) Yale Law Journal. 114: 85-148. As Stephanos Bibas and Richard Bierschbach observe, remorse and apology are powerful forces in everyday life. Expressions of remorse and apology are required or ritualized in many spheres of life xe2x80x93 family, religion, and politics, to name...
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Restorative Justice in Native Cultures
by Eagle, Harley
June 4, 2015
Source: (2001) State of Justice 3 (November). A periodic publication of Friends Committee on Restorative Justice Harley Eagle is of Dakota and Saulteaux ancestry. He lives on the Pine Ridge Indian Reservation in South Dakota among his Oglala Lakota relatives. From this indigenous perspective,...
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Righting Victim Wrongs: Responding to Philosophical Criticisms of the Nonspecific Victim Liability Defense
by Gruber, Aya
June 4, 2015
Source: (2004) Buffalo Law Review. 52: 433-510. In recent decades, victims have become a much more integral participant in the criminal justice process. This is in large part due to the victims’ rights movement. Along with this, writes Aya Gruber, has been the promotion of a...
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Violence and Social Repair: Rethinking the Contribution of Justice to Reconciliation
by Fletcher, Laurel E
June 4, 2015
Source: (2002) Human Rights Quarterly. 24: 573–639. As Laurel Fletcher and Harvey Weinstein note at the outset of their paper, there has been a growing interest in recent years in the question of how countries recover from episodes of mass violence or gross human rights violations...
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Trifederalism in the Aftermath of Teague: The Interaction of State and Tribal Courts in Wisconsin
by Tebben, Carol
June 4, 2015
Source: (2001) American Indian Law Review. 26(2): 177-201. In the United States, trifederalism refers to the existence and interaction of three kinds of constitutionally recognized limited sovereigns – namely, national, state, and Indian tribal governments. These three governments...
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Juvenile Transfer Proceedings: A Place for Restorative Justice Values
by Bunch, Monya M
June 4, 2015
Source: (2004) Howard Law Journal. 47: 909-942. According to Monya Bunch, historically America has approached young people in divergent, even contradictory ways. One approach stems more from a desire to protect and nurture children. The other stems more from a fear of children. The juvenile...
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