Restorative justice and the human rights of offenders : convergences and divergences

Restorative justice has gained significant momentum as a justice reform movement within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Although claims about the role of restorative justice in protecting human rights are repeatedly made in the restorative justice literature, they are seldom supported by empirical evidence or a thorough analysis of human rights and their justification. In this paper, we discuss how the assumptions underpinning restorative justice practices impact on offenders' human rights, and their points of convergence and divergence. We argue that while these assumptions can protect certain offender rights, they may violate others. We finish with some suggestions about how to reconcile the tensions between human rights and restorative justice, focusing in particular on the relationship between community needs and individual well-being.

Repairing the rupture : restorative justice and the rehabilitation of offenders

Restorative justice is a social justice movement that aims to deal with consequences of crime through repairing and restoring relationships of three key stakeholders: victims, offenders, and communities. Unfortunately, it is often unclear where offender rehabilitation fits within the constructs of repair and reintegration that drive this justice paradigm. An analysis of the relationship between restorative justice theory and offender rehabilitation principles reveals tensions between the two normative frameworks and a lack of appreciation that correctional treatment programs have a legitimate role alongside restorative practices. First, we outline the basic tenets of the Risk–Need–Responsivity Model and the Good Lives Model in order to provide a brief overview of two recent models of offender rehabilitation. We then consider the claims made by restorative justice proponents about correctional rehabilitation programs and their role in the criminal justice system. We conclude that restorative justice and rehabilitation models are distinct, although overlapping, normative frameworks and have different domains of application in the criminal justice system, and that it is a mistake to attempt to blend them in any robust sense.

“People’s law” and restorative justice: the success of circle sentencing in New South Wales

Informal sentencing procedures in remote Indigenous communities of Australia have been occurring for some time, but it was in the late 1990s that formalization of the practice began in urban areas with the advent of Indigenous sentencing and circle courts. These circle courts emerged primarily to address the over-representation and incarceration of Indigenous people in the criminal justice system. The first Indigenous urban court was assembled in Port Adelaide, South Australia in June 1999 and was named the Nunga Court. Courts emerging since in other states are based on the Nunga Court model, although they have been adapted to suit local conditions. The practice of circle sentencing was introduced in New South Wales (NSW) in Nowra in February 2002.

Discourses on behaviour : a role for restorative justice?

The description and management of difficult behaviour in schools has interested educational practitioners and researchers worldwide, including in the UK. Concerns have been raised about the use and implications of more dominant discourses, namely those of behaviourism and zero tolerance, for understanding student behaviour. This article presents research, conducted in a secondary school in Northern England, exploring restorative justice as an alternative. Transcripts from a series of school staff focus groups and the school behaviour policy were analysed, using critical discourse analysis, in order to address two questions: (1) what are the dominant discourses on behaviour amongst school staff within the school? and (2) what spaces are available for the construction of alternative discourses regarding behaviour and relational action? The analysis confirms the predominance of behaviourist and zero-tolerance discourses and a reliance on individualistic explanations regarding difficult behaviour. However, the presence of a range of discursive resources within the staff focus groups suggests the viable use of an alternative discourse.

Youth (in)justice : oral language competence in early life and risk for engagement in antisocial behaviour in adolescence

Youth offenders are complex and challenging for policymakers and practitioners alike and face high risks for long-term disadvantage and social marginalisation. In many cases, this marginalisation from the mainstream begins in early life, particularly in the classroom, where they have difficulty both with language/literacy tasks and with the interpersonal demands of the classroom. Underlying both sets of skills is oral language competence—the ability to use and understand spoken language in a range of situations and social exchanges, in order to successfully negotiate the business of everyday life. This paper highlights an emerging field of research that focuses specifically on the oral language skills of high-risk young people. It presents evidence from Australia and overseas that demonstrates that high proportions (some 50% in Australian studies) of young offenders have a clinically significant, but previously undetected, oral language disorder. The evidence presented in this paper raises important questions about how young offenders engage in forensic interviews, whether as suspects, victims or witnesses. The delivery of highly verbally mediated interventions such as counselling and restorative justice conferencing is also considered in the light of emerging international evidence on this topic.

Book review. Historical justice in international perspective

The notion that something can — and must — be done to address injustices of the past has gained signifieant political currency around the world in recent decades. As demands for apologies, reparation, restitution, and restorative justice have grown louder, the attempt to make amends has emerged as an important national marker in what Elazar Barkan has called a new era of intemational morality. For historians, this seemingly new way of engaging with the past is particularly intriguing, perhaps signalling a significant change in historical consciousness in the contemporary world. Historical Justice in International Perspective offers a window onto these events, surveying the political, judicial, and historical landscapes of what has become known as historical justice. In doing so, this collection demonstrates the widespread and increasing significance of historieal redress in contemporary political life.

Language functioning, mental health and alexithymia in incarcerated young offenders

Purpose: Previous studies describe high rates of language impairment in young offenders; however, important correlates such as mental health status and alexithymia have received little attention.
Method: This study describes a cross-sectional study of the language, emotion recognition and mental health of 100 young people completing custodial sentences in New South Wales (Australia). The sample comprised 70 young people from nonindigenous
backgrounds (n¼60 male) and 30 from indigenous backgrounds (n¼25 male). The mean age of the sample was 17.1 years. It was hypothesized that, in addition to elevated rates of language impairment, alexithymia would be overrepresented in this group. It was further predicted that impoverished language skills would contribute to alexithymia scores.
Result: Only a quarter of the sample overall achieved Clinical Evaluation of Language Fundamentals (CELF-4) Core Language Scores in the expected range; rates of language impairment were higher in indigenous males than in nonindigenous males and in the females. Alexithymia was present in 59% of the sample, but appeared to be associated with poor mental health, rather than with language impairment.
Conclusion: Interventions for young offenders (e.g. psychological counselling, restorative justice conferencing) should be framed around these difficulties. Validated language measures for use with young indigenous offenders are needed.

Justice, community, and dialogue in international relations

This book is concerned with the issue of cultural diversity and international morality. The author asks whether cultural diversity presents an obstacle to the development of ethical codes which could be acceptable to cultures around the world. He argues that the human capacity to engage in conversation and the ability to understand each other despite linguistic and cultural differences can provide the basis for the development of a world-wide, cosmopolitan moral community. Conversation can be a moral act, in which participants treat each other as equals despite their differences.

The status of child offenders under international criminal justice: lessons from Sierra Leone

This article analyses the status of child offenders under international criminal justice. International criminal proceedings, especially those in the African continent, have recently highlighted the significance of children and young people as perpetrators of genocide, crimes against humanity and war crimes. It has been suggested by one commentator that there exist international prohibitions on the prosecution of children for international crimes. It will be argued here that this claim is not substantiated in respect either of customary or treaty-based international obligations.

Crime stories: posnerian pragmatism, Rawlsian pure procedural justice, and the fictional problem

There are many different ways in which law and truth may be said to be related. It is perhaps in the criminal trial that connections between them are of most significance. An orthodox way of describing a criminal trial is that the criminal procedure is seeking to establish the truth concerning some past event, and that success of the procedure is measured by how close its outcome converges with that truth. Criminal justice presents the community with challenging dilemmas in this regard, such as those arising from the notion of double jeopardy. This paper discusses the Rawlsian notions of 'imperfect', 'perfect' and 'pure' procedural justice, and suggests against Rawls that it is pure procedural justice that best represents what we want from a criminal justice system. Good procedure makes good criminal law. A comparison is made with the writings of Habermas and Posner, and given that pure procedural justice eschews transcendental truths, some brief comments are made on the convergence of that position with the realm of the fictional.

Justice in Medicare : recent changes to the public health care system

This article sets out and examines a number of changes proposed by the Commonwealth Government to the Australian Medicare system as part of the 2003-2004 and 2004-2005 federal budgets, and the 2004 federal election campaign. In assessing the suitability of these reforms, the idea of justice is discussed. Health, as a basic good, is argued to be a matter of distributional and rectificatory justice. A number of popular material principles of justice are also examined and shown to be unsuited as sole determinants of health care resource allocation decisions. In light of this, various problems with the reforms are identified and improvements suggested.