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798 result(s) for "Reparation (Criminal justice)"
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The right to reparation in international law for victims of armed conflict
Using a range of case studies, Christine Evans analyses efforts to implement the right to reparation in international law for victims of armed conflict and explores the role of the UN in promoting State responsibility for reparations through transitional justice measures.
Reparations and Victim Support in the International Criminal Court
Alongside existing regimes for victim redress at the national and international levels, in the coming years international criminal law and, in particular, the International Criminal Court, will potentially provide a significant legal framework through which the harm caused by egregious conduct can be addressed. Drawing on a wealth of comparative experience, Conor McCarthy's study of the Rome Statute's regime of victim redress provides a comprehensive exploration of this framework, examining both its reparations regime and its scheme for the provision of victim support through the ICC Trust Fund. The study explores, in particular, whether the creation of a regime of victim redress has a role to play as part of a system for the administration of international criminal justice and, more generally, whether it has such a role alongside other regimes, at the national and international levels, by which the harm suffered by victims of egregious conduct may be redressed.
How to Accept German Reparations
In a landmark process that transformed global reparations after the Holocaust, Germany created the largest sustained redress program in history, amounting to more than $60 billion. When human rights violations are presented primarily in material terms, acknowledging an indemnity claim becomes one way for a victim to be recognized. At the same time, indemnifications provoke a number of difficult questions about how suffering and loss can be measured: How much is an individual life worth? How much or what kind of violence merits compensation? What is \"financial pain,\" and what does it mean to monetize \"concentration camp survivor syndrome\"?Susan Slyomovics explores this and other compensation programs, both those past and those that might exist in the future, through the lens of anthropological and human rights discourse. How to account for variation in German reparations and French restitution directed solely at Algerian Jewry for Vichy-era losses? Do crimes of colonialism merit reparations? How might reparations models apply to the modern-day conflict in Israel and Palestine? The author points to the examples of her grandmother and mother, Czechoslovakian Jews who survived the Auschwitz, Plaszow, and Markkleeberg camps together but disagreed about applying for the post-World War IIWiedergutmachung(\"to make good again\") reparation programs. Slyomovics maintains that we can use the legacies of German reparations to reconsider approaches to reparations in the future, and the result is an investigation of practical implications, complicated by the difficult legal, ethnographic, and personal questions that reparations inevitably prompt.
ENVISIONING ABOLITION DEMOCRACY
For decades, police in Chicago chained people in their custody to the wall in dark, windowless rooms and subjected their captives to beatings, electric shocks, anal rape, and racial abuse. In July 2016, members of the #LetUsBreathe Collective, created in the aftermath of numerous police killings in Chicago and elsewhere, occupied vacant lots adjacent to the Chicago Police Department's Homan Square facility - one of the locations where such abuse occurred. The Collective sought justice, not through recourse to the criminal courts or civil litigation, but instead by reconceptualizing justice in connection with efforts to end reliance on imprisonment and policing. The organizers redesignated Homan Square - which shares a name with the Chicago slumlord Samuel Homan - \"Freedom Square.\" The organizers' idea was to begin to realize on a small scale what the scholar and activist Professor Angela Davis, echoing the words of W.E.B. Du Bois, has called \"abolition democracy.\"
Restorative Justice and Criminal Justice
Criminal justice is primarily designed to serve the public interest in relation to criminal acts.Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing.
Political Memory and the Aesthetics of Care
With this nuanced and interdisciplinary work, political theorist Mihaela Mihai tackles several interrelated questions: How do societies remember histories of systemic violence? Who is excluded from such histories' cast of characters? And what are the political costs of selective remembering in the present? Building on insights from political theory, social epistemology, and feminist and critical race theory, Mihai argues that a double erasure often structures hegemonic narratives of complex violence: of widespread, heterogeneous complicity and of \"impure\" resistances, not easily subsumed to exceptionalist heroic models. In dialogue with care ethicists and philosophers of art, she then suggests that such narrative reductionism can be disrupted aesthetically through practices of \"mnemonic care,\" that is, through the hermeneutical labor that critical artists deliver-thematically and formally-within communities' space of meaning. Empirically, the book examines both consecrated and marginalized artists who tackled the memory of Vichy France, communist Romania, and apartheid South Africa. Despite their specificities, these contexts present us with an opportunity to analyze similar mnemonic dynamics and to recognize the political impact of dissenting artistic production. Crossing disciplinary boundaries, the book intervenes in debates over collective responsibility, historical injustice, and the aesthetics of violence within political theory, memory studies, social epistemology, and transitional justice.
Restorative Justice in Practice
Restorative justice has made significant progress in recent years and now plays an increasingly important role in and alongside the criminal justice systems of a number of countries in different parts of the world. In many cases, however, successes and failures, strengths and weaknesses have not been evaluated sufficiently systematically and comprehensively, and it has been difficult to gain an accurate picture of its implementation and the lessons to be drawn from this. Restorative Justice in Practice addresses this need, analyzing the results of the implementation of three restorative justice schemes in England and Wales in the largest and most complete trial of restorative justice with adult offenders worldwide. It aims to bring out the practicalities of setting up and running restorative justice schemes in connection with criminal justice, the costs of doing so and the key professional and ethical issues involved. At the same time the book situates these findings within the growing international academic and policy debates about restorative justice, addressing a number of key issues for criminal justice and penology, including: how far victim expectations of justice are and can be met by restorative justice aligned with criminal justice whether ‘community’ is involved in restorative justice for adult offenders and how this relates to social capital how far restorative justice events relate to processes of desistance (giving up crime), promote reductions in reoffending and link to resettlement what stages of criminal justice may be most suitable for restorative justice and how this relates to victim and offender needs the usefulness of conferencing and mediation as forms of restorative justice with adults. Restorative Justice in Practice will be essential reading for both students and practitioners, and a key contribution to the restorative justice debate. \"This seven year study is the most important research evidence on restorative justice (RJ) in this country. The work challenges some of the myths around restorative justice – for example the finding that 70% of victims of serious crimes chose to meet the offender when this was offered to them, challenges the prevailing view that RJ is only appropriate for less serious crime. Her research has confirmed earlier findings of the strong victim benefits from restorative justice; and provided new evidence for the impact of RJ in reducing re-offending, leading to cost-savings across Criminal Justice. This book will provide essential reading for policy makers interested in evidence-based policy; for criminal justice agencies seeking to give victims a stronger voice in justice; and includes a wealth of information for practitioners who want to know 'what works' and base their restorative practice on the evidence.\" – Lizzie Nelson, Director, Restorative Justice Council 'This book provides a state-of-the-art analysis of restorative justice, conferences, and mediation for serious cases and adult offenders.  It is essential reading for policymakers and practitioners who wish to develop restorative justice schemes that work alongside conventional criminal justice.  Its comprehensive and measured analysis is a welcome addition to the research literature.  This is a scholarly treatment of restorative justice for the real world and ways to move it from the margins to the mainstream of criminal justice.' – Kathleen Daly, Professor of Criminology and Criminal Justice, Griffith University, Australia 'The authors promised to provide \"essential reading\" for students and practioners. They have met that promise in regard to both their description of applications of RJ in the adult justice system (pre-trial, during sentencing formulation, and post sentencing) and in their many probing questions regarding RJ in general.'  -Eric Assur, in the Restorative Justice Online blog, 2 March 2012 Joanna Shapland is Professor of Criminal Justice in the School of Law, University of Sheffield, and Head of the School of Law; Gwen Robinson is Senior Lecturer in Criminal Justice in the School of Law at the University of Sheffield; Angela Sorsby is a freelance criminologist specialising in data analysis and statistics. 1. Setting the Scene 2. Setting the Schemes in Context: A Review of the Aims, Histories and Results of Restorative Justice 3. Setting Up and Running Restorative Justice Schemes 4. Accountability, Regulation and Risk Experiencing Restorative Justice 5. Approaching Restorative Justice 6. Through a Different Lens: Examining Restorative Justice Using Case Studies 7. During Restorative Justice Events Looking Back at Restorative Justice: What Do People Think it Achieved? 8. The Victims’ View: Satisfaction and Closure 9. Outcome Agreements and their Progress 10. The Offenders’ View: Reoffending and the Road to Desistance 11. Restorative Justice: Lessons from Practice