Centro de Documentação da PJ
Monografia

2844319.E.73
CD72
HEUNI. European Institute for Crime Prevention and Control, affiliated with the United Nations
Restorative justice theory and practice : addressing the discrepancy / Theo Gavrielides.- Helsinki : HEUNI, 2007.- 301 p. ; 25 cm. - (Publication Series. [Heuni Report Series] ; 52)
Também disponível em: http://www.heuni.fi/41564.htm. Acedido em 07 de Outubro de 2009.
ISBN 978-952-5333-32-9

JUSTIÇA REPARADORA, ESTUDO DE CASOS, CRIME POR ÓDIO, CRIME SEXUAL

Contents. Foreword. Restorative justice theory and practice - problem statement. Impetus for the book. Methodology and organisation of the book. Acknowledgements. Part one: arguing and analysing the restorative justice literature. Restorative theory and practice in context. Understanding the “restorative justice theory” through contemporary writings - 1970s-today. Understanding the “restorative justice practice”: victim-offender mediation; family group conferences; healing and sentencing/peacekeeping-peacemaking circles; community restorative boards. Restorative justice: the perplexing concept. Conflicts in conception - six fault-lines within the restorative justice movement: restorative justice - a new paradigm or a complementary model?; a place for restorative justice practices - within or outside the criminal justice system?; a definition for restorative justice - process-based or outcome-based?; stakeholders in restorative justice - how big should the circle be?; restorative justice - an alternative punishment or alternative to punishment?; the restorative justice principles and their flexibility. Striking an accord: Tony Marshall’s definition; definition by the “Working Party on Restorative Justice”; Ron Claassen’s Principles; a definition by the United Nations; Declaration of Leuven; the victim-offender mediation association (VOMA) guidelines; the Restorative Justice Consortium principles; David Miers’ findings. The international dimension of restorative justice - from theory to policy & practice. Restorative justice in policy making - national experiences: New Zealand; Canada; Australia; England and Wales. Restorative justice in policy making - international experiences: regional restorative justice - the example of Europe; Council of Europe; European Union; other European institutions. International restorative justice: restorative justice and the United Nations; restorative justice and paramilitaries in Northern Ireland; restorative justice and Rwanda. Critical reflections. Part two - Measuring the gap between the restorative justice theory and practice. Findings from survey I - the International Practitioners’ Account. Presenting the crude evidence from survey I. Questions of methodology. Questions on the use and meaning of restorative justice. Questions on the theoretical and practical development of restorative justice. Questions on the past and future development of restorative justice. Assessing the findings of survey I against the extant literature: the impact of restorative justice on victims - an account of the literature; victim satisfaction; victim monetary-material compensation; victim non-material compensation; victims’ overall restoration; the impact of restorative justice on offenders - an account of the literature; reduction of re-offending; offenders’ satisfaction and overall restoration; the impact of restorative justice on communities - an account of the literature. Concluding remarks. Analysing and triangulating the findings of survey I. The findings - problems in the practical and theoretical development of restorative justice: confusion around the use and meaning of restorative justice; issues of training, education and accreditation; funding restorative justice work - the realities of the voluntary and community sector. “Data triangulation”: “triangulating” the findings on the conceptual conflicts; “triangulating” the findings on training and accreditation; “triangulating” the findings on funding. Findings from survey II - the UK practitioners’ account. Problems in the practical and theoretical development of restorative justice - a follow-up: confusion around the use and meaning of restorative justice; issues of training, education and accreditation; funding restorative justice work: the realities of the voluntary and community sector. Two additional problems in the practical and theoretical development of restorative justice the implementation of the restorative justice victim-related principles; the implementation of the principle of voluntariness. Part three - Pushing the barriers - Findings from survey III and IV on the application of restorative justice with hate crime and sexual offences. Restorative justice and hate crime - addressing the gap between theory, policy and practice (Dr. Theo Gavrielides, Lewis Parle Baber Khan and Ryan Honeyman). Deconstructing hate crime: defining hate crime; understanding hate crime and its causes. Policies and legislation on hate crime - an international approach. Is restorative justice a viable option for hate crime? Findings from survey III - a hate crime case study: case studies from around the world - addressing hate crime through restorative justice; case study from Minnesota, US - just schools; case study from Israel - intercommunity relations; case study from London, England - Southwark mediation centre; case study from London, England - the Metropolitan Police authority; London-wide race hate crime forum; case study from Oregon, US - post September 11th hate crime; case study from Slough, England - Aik Saath; case study from Southwark, England - police, partners and community together in Southwark (PPACTS); case study from Lambeth, England - restorative approaches in schools project. Findings and recommendations from survey III. Concluding remarks. Restorative justice and sexual offending - resolving the catholic church’s sexual scandals through restorative justice (Dr. Theo Gavrielides and Dale Coker). Sexual scandals in the catholic church - a case digest. A new understanding - the restorative way. Three successful case studies from survey IV. Concluding remarks. Part four - Critical reflections. Mind the gap between the restorative justice theory and practice. Looking down into the gap. Concluding remarks. A way forward - recommendations for the restorative justice movement. Addressing the conceptual conflicts of restorative justice at the micro-level. Addressing the conceptual conflicts of restorative justice at the macro-level. Accreditation - training - guidance. Evaluating the evaluation of restorative justice. Funding restorative justice. Conclusion. Appendix I - original sample of survey 1. Appendix II - final sample of survey I. Appendix III - sample of survey II. Appendix IV - sample of survey III & IV. Appendix V - chronology of sexual abuse cases against the North American Catholic Church. Bibliography.