The Use of Mediation to Resolve Criminal Cases: A Procedural Critique
by Brown, Jennifer Gerarda
June 4, 2015
Source: (1994) Emory Law Journal. 43: 1247-1309. Reprinted in Restorative Justice. Declan Roche (2003), ed. Pp. 197-259. The International Library of Essays in Law & Legal Theory, Second Series. Aldershot, Hants, England: Dartmouth/Ashgate. In the past in Western legal systems, criminal...
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Losing Sight of the Utilitarian Forest for the Retributivist Trees: An Analysis of the Role of Public Opinion in a Utilitarian Model of Punishment
by Strauss, Andrew R
June 4, 2015
Source: (2002) Cardozo Law Review. 23: 1549. Strauss notes that over the last thirty years the juvenile justice system moved from a focus on rehabilitation towards an emphasis on punishment and just deserts. To a significant degree this transformation occurred due to Supreme Court decisions on...
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The Third Model of Criminal Process: The Victim Participation Model
by Beloof, Douglas Evan
June 4, 2015
Source: (1999) Utah Law Review. 1999: 289. As Beloof observes, the law now acknowledges the importance of victim participation in the criminal process. This has shaken conventional core assumptions about the criminal process. One core assumption has been that only two value systems compete...
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Utilizing an Effective Economic Approach to Family CourtL A Proposal for a Statutory Family Court in Pennsylvania
by Domitrovich, Stephanie
June 4, 2015
Source: (1998) Duquesne University Law Review. 37:1. In this essay, Stephanie Domitrovich, a trial judge in Pennsylvania, explores whether Pennsylvania should implement a statewide unified family court policy by statute. At the time of the article, Pennsylvania employed a fragmented family...
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Empty Promises: Parliament, The Supreme Court and the Sentencing of Aboriginal Offenders.
by Roberts, Julian V
June 4, 2015
Source: (2001) Saskatchewan Law Review. 64: 137. For a number of years the over-representation of Aboriginal people in Canada’s prisons has been of concern to many people both inside and outside the criminal justice system. Recently, debate has focused on a specific provision of the...
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Forgiveness and the Law-A Redemptive Opportunity
by Ammar, Douglas
June 4, 2015
Source: (2000) Fordham Urban Law Journal. 27: 1583. To explore issues of forgiveness in the criminal justice setting, Douglas Ammar begins with a summary of an actual case involving a murder. He describes a process of one person’s admission of responsibility as an accessory to the...
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The Locus of Decision-Making Authority in Circle Sentencing: The Significance of Criteria and Guidelines
by Mcnamara, Luke
June 4, 2015
Source: (2000) Windsor Yearbook of Access to Justice. 18:60. In the 1990s, circle sentencing emerged as a significant feature in the Canadian criminal justice system among First Nation communities. Circle sentencing involves direct participation of community members in sentencing the offender....
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How Should We Remember? Issues to Consider When Establishing Commissions and Structures for Dealing with the Past
by Hamber, Brandon
June 4, 2015
Source: (1998) Paper presented at “Dealing with the Past: Reconciliation Processes and Peace-Building.” Belfast, Northern Ireland, 9 June 1998. Downloaded 15 July 2004. The basic premise in Brandon Hamber’s perspective in his paper is this: when countries attempt to...
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Restorative Justice Symposium: Summary of the Proceedings.
by US Dept of Justice. Office of Justice Programs, T. J.
June 4, 2015
Source: (1996) US Dept of Justice National Institute of Justice. This report presents a summary of the proceedings of a symposium designed to identify the characteristics of “restorative justice,” review the applications of the concept in juvenile justice and criminal justice...
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Restorative Community Justice: Background, Program Examples, and Research Findings.
by Quinn, T. J.
June 4, 2015
Source: (1996) Washington, DC: US Dept of Justice National Institute of Justice. Abstract...
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Victim Assistance in the Juvenile Justice System: A Resource Manual.
by National Organization for Victim Assistance, Stephanie A
June 4, 2015
Source: (1996) Washington, DC: US Dept of Justice, Office of Justice Programs, Office for Victims of Crime. This manual presents information on the prevalence and nature of juvenile delinquency, the characteristics of victims of juvenile offenders, the impact of juvenile crime on its victims,...
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Court-Connected Juvenile Victim-Offender Mediation: An Appealing Alternative for Ohio’s Juvenile Delinquents.
by Beauregard, Stephanie A
June 4, 2015
Source: (1998) Ohio State Journal on Dispute Resolution. 13:1005. According to Stephanie Beauregard, juvenile delinquency has become a major social problem, and the juvenile justice system has failed to remedy the increasing rate of recidivism among juvenile offenders. Ohio is one of many...
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Is There a Place for Forgiveness in the Justice System?
by Worthington, Everett L
June 4, 2015
Source: (2000) Fordham Urban Law Journal. 27: 1721. As Everett Worthington comments, transgressions unbalance the scales of justice – socially, emotionally, and sometimes politically. To be unforgiving in response to transgressions can be construed as having a set of...
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Conferencing in Aboriginal Communities in Canada–Finding Middle Ground in Criminal Justice?
by Laprairie, Carol
June 4, 2015
Source: (1995) Criminal Law Forum. 6: 576. Carol LaPrairie begins with the assertion that many people – both those seeking more punitive responses and those aiming to improve the situation for victims, offenders, and communities – want to “do...
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The Problems and Benefits of Adopting Family Group Conferencing for Pins (Chins) Children.
by Kogan, Matthew
June 4, 2015
Source: (2001) Family Court Review. 39: 207. Juvenile court was created on the theory that juveniles should be treated differently than adults in terms of criminal wrongdoing. In most states in the United States, juvenile and family courts have jurisdiction over youths who engage in actions...
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