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Criminal Justice In Transition

Author: Anne-Marie McAlinden
Publisher: Bloomsbury Publishing
ISBN: 1509900535
Size: 59.51 MB
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This book represents a critical examination of key aspects of crime and criminal justice in Northern Ireland which will have resonance elsewhere. It considers the core aspects of criminal justice policy-making in Northern Ireland which are central to the process of post-conflict transition, including reform of policing, judicial decision-making and correctional services such as probation and prisons. It examines contemporary trends in criminal justice in Northern Ireland and various dimensions of crime relating to female offenders, young offenders, sexual and violent offenders, community safety and restorative justice. The book also considers the extent to which crime and criminal justice issues in Northern Ireland are being affected by the broader processes of 'policy transfer', globalisation and transnationalism and the extent to which criminal justice in Northern Ireland is divergent from the other jurisdictions in the United Kingdom. Written by leading international authorities in the field, the book offers a snapshot of the cutting edge of critical thinking in criminal justice practice and transitional justice contexts.

Ex Combatants Gender And Peace In Northern Ireland

Author: Azrini Wahidin
Publisher: Springer
ISBN: 1137363304
Size: 34.69 MB
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This book explores the contours of women's involvement in the Irish Republican Army, political protest and the prison experience in Northern Ireland. Through the voices of female and male combatants, it demonstrates that women remained marginal in the examination of imprisonment during the Conflict and in the negotiated peace process. However, the book shows that women performed a number of roles in war and peace that placed constructions of femininity in dissent. Azrini Wahidin argues that the role of the female combatant is not given but ambiguous. She indicates that a tension exists between different conceptualisations of societal security, where female combatants both fought against societal insecurity posed by the state and contributed to internal societal dissonance within their ethno-national groups. This book tackles the lacunae that has created a disturbing silence and an absence of a comprehensive understanding of women combatants, which includes knowledge of their motivations, roles and experiences. It will be of particular interest to scholars of criminology, politics and peace studies.

Restorative Justice In Transitional Settings

Author: Kerry Clamp
Publisher: Routledge
ISBN: 1317529243
Size: 11.37 MB
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Restorative justice is increasingly being applied to settings characterized by large-scale violence and human rights abuses. While many embrace this development as an important step in attempts to transform protracted conflict, there are a number of conceptual challenges in transporting restorative justice from a democratic setting to one which has been affected by mass victimisation or civil war. These include responding to the seriousness and scale of harms that have been caused, the blurred boundaries between victims and offenders, and the difficulties associated with holding someone to account and compelling reparative activities. Despite reams of paper being devoted to defining restorative justice within democratic settings (where the concept first emerged), restorative scholars have been slow to comment on the integration of restorative justice into the transitional justice discourse. Restorative Justice in Transitional Settings brings together a number of leading scholars from around the world to respond to this gap by developing and further articulating restorative justice for transitional settings. These scholars push the boundaries of restorative justice to seek more effective approaches to addressing the causes and consequences of conflict and oppression in these diverse contexts. Each chapter highlights a limitation with current conceptions of restorative justice in the transitional justice literature and then suggests a way in which the limitation might be overcome. This book has strong interdisciplinary value and will be of interest to criminologists, legal scholars, and those engaged with international relations and peace treaties.

Justice In Transition

Author: Anna Eriksson
Publisher: Willan
ISBN: 1134027230
Size: 70.47 MB
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This book provides a unique account of the high-profile community-based restorative justice projects in the Republican and Loyalist communities that have emerged with the ending of the conflict in Northern Ireland. Unprecedented new partnerships between Republican communities and the Police Service of Northern Ireland have developed, and former IRA and UVF combatants and political ex prisoners have been amongst those involved. Community restorative justice projects have been central to these groundbreaking changes, acting as both facilitator and transformer. Based on an extensive range of interviews with key players in this process, many of them former combatants, and unique access to the different community projects this books tells a fascinating story. At the same time this book explores the wider implications for restorative justice internationally, highlighting the important lessons for partnerships between police and community in other jurisdictions, particularly in the high-crime alienated neighbourhoods which exist in most western societies, as well as transitional ones. It also offers a critical analysis of the roles of both community and state and the tensions around the ownership of justice, and a critical, unromanticized assessment of the role of restorative justice in the community.

Restorative Justice In Transition

Author: Kerry Clamp
Publisher: Routledge
ISBN: 1135076375
Size: 13.31 MB
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This book explores how restorative justice is used and what its potential benefits are in situations where the state has been either explicitly or implicitly involved in human rights abuses. Restorative justice is increasingly becoming a popular mechanism to respond to crime in democratic settings and while there is a burgeoning literature on these contexts, there is less information that focuses explicitly on its use in nations that have experienced protracted periods of conflict and oppression. This book interrogates both macro and micro utilisations of restorative justice, including truth commissions, criminal justice reform and the development of initiatives by communities and other non-state actors. The central premise is that the primary potential of restorative justice in responding to international crime should be viewed in terms of the lessons that it provides for problem-solving, rather than its traditional role as a mechanism or process to respond to conflict. Four values are put forward that should frame any restorative approach – engagement, empowerment, reintegration and transformation. It is thought that these values provide enough space for local actors to devise their own culturally relevant processes to achieve longstanding peace. This book will be of interest to those conducting research in the fields of restorative justice, transitional justice as well as criminology in general.

Human Rights Equality And Democratic Renewal In Northern Ireland

Author: Colin Harvey
Publisher: Bloomsbury Publishing
ISBN: 184731144X
Size: 37.24 MB
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Recent developments in Northern Ireland have correctly been described as historic. While the future of constitutional change is by no means certain,events merit close scrutiny. The Good Friday Agreement 1998 marked a significant departure from incrementalism and thus with the dominant logic of British constitutionalism. The Agreement is in essence a constitutional promise anchored in clear normative principles. Although several aspects of the Agreement are in operation there is no guarantee that this new form of constitutionalism will work. However, the foundations of the settlement are clear. The building blocks reflect a strong commitment to human rights, equality and democratic renewal which encompasses a multiplicity of overlapping relationships. This book examines several key aspects of this complex picture. Developments in Northern Ireland have attracted a large measure of international interest. Reflecting this the contributors demonstrate the links to current controversies in constitutional and human rights law scholarship. At a time when there is much consideration of constitutional change in the UK and beyond, the intention is to offer a collection that both describes the changing legal and political landscape in Northern Ireland and one which provides a significant contribution to current debates on constitutionalism.

Youth Justice In Context

Author: Mairéad Seymour
Publisher: Routledge
ISBN: 0415667925
Size: 50.74 MB
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Youth Justice in Context examines the influence of legislative, organizational, policy and practice issues in shaping what constitutes compliance and how non-compliance is responded to when supervising young offenders in the community. It also addresses the impact of adolescent developmental immaturity and social and personal circumstances in mediating expectations of compliance. A central concern of the book is to explore the manner in which compliance changes over time through the dynamics that arise in the supervisory relationship between practitioners and young people, and against the backdrop of the social and psychological changes that occur in adolescents' lives as they move towards early adulthood. A detailed examination is provided based on the perspectives of probation and youth justice professionals operating across different organizational contexts, and of young people subject to community supervision. To this end, the book offers in-depth analysis on the strategies employed by practitioners in promoting compliance and responding to non-compliance. It also provides unique insights into young people's perceptions of the supervision process, their motivations to comply, and their perspectives on desistance from offending. This book offers an alternative perspective to policies and practices that focus primarily on stringent enforcement and control measures in responding to non-compliance. Youth Justice in Context is suited to academics, researchers, students, policy makers, social workers, probation officers, youth justice workers, social care workers and other practitioners working with young people in the criminal justice system.

Transitional Justice And The Disappeared Of Northern Ireland

Author: Lauren Dempster
Publisher: Routledge
ISBN: 1351239368
Size: 25.71 MB
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This book employs a transitional justice lens to address the ‘disappearances’ that occurred during the Northern Ireland conflict – or ‘Troubles’ – and the post-conflict response to these ‘disappearances.’ Despite an extensive literature around ‘dealing with the past’ in Northern Ireland, as well as a substantial body of scholarship on ‘disappearances’ in other national contexts, there has been little scholarly scrutiny of ‘disappearances’ in post-conflict Northern Ireland. Although the Good Friday Agreement brought relative peace to Northern Ireland, no provision was made for the establishment of some form of overarching truth and reconciliation commission aimed at comprehensively addressing the legacy of violence. Nevertheless, a mechanism to recover the remains of the ‘disappeared’ – the Independent Commission for the Location of Victims’ Remains (ICLVR) – was established, and has in fact proven to be quite effective. As a result, the reactions of key constituencies to the ‘disappearances’ can be used as a prism through which to comprehensively explore issues of relevance to transitional justice scholars and practitioners. Pursuing an interdisciplinary approach, and based on extensive empirical research, this book provides a multifaceted exploration of the responses of these constituencies to the practice of ‘disappearing.’ It engages with transitional justice themes including silence, memory, truth, acknowledgement, and apology. Key issues examined include the mobilisation efforts of families of the ‘disappeared,’ efforts by a (former) non-state armed group to address its legacy of violence, the utility of a limited immunity mechanism to incentivise information provision, and the interplay between silence and memory in the shaping of a collective, societal understanding of the ‘disappeared.’

Transition And Justice

Author: Gerhard Anders
Publisher: John Wiley & Sons
ISBN: 1118944755
Size: 21.57 MB
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Transition and Justice examines a series of cases fromacross the African continent where peaceful ‘newbeginnings’ were declared after periods of violence and wheretransitional justice institutions helped define justice and the newsocio-political order. Offers a new perspective on transition and justice in Africatranscending the institutional limits of transitional justice Covers a wide range of situations, and presents a broad rangeof sites where past injustices are addressed Examines cases where peaceful ‘new beginnings’ havebeen declared after periods of violence Addresses fundamental questions about transitions and justicein societies characterized by a high degree of external involvementand internal fragmentation

Pluralism In International Criminal Law

Author: Elies van Sliedregt
Publisher: OUP Oxford
ISBN: 019100829X
Size: 15.53 MB
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Despite the growth in international criminal courts and tribunals, the majority of cases concerning international criminal law are prosecuted at the domestic level. This means that both international and domestic courts have to contend with a plethora of relevant, but often contradictory, judgments by international institutions and by other domestic courts. This book provides a detailed investigation into the impact this pluralism has had on international criminal law and procedure, and examines the key problems which arise from it. The work identifies the various interpretations of the concept of pluralism and discusses how it manifests in a broad range of aspects of international criminal law and practice. These include substantive jurisdiction, the definition of crimes, modes of individual criminal responsibility for international crimes, sentencing, fair trial rights, law of evidence, truth-finding, and challenges faced by both international and domestic courts in gathering, testing and evaluating evidence. Authored by leading practitioners and academics in the field, the book employs pluralism as a methodological tool to advance the debate beyond the classic view of 'legal pluralism' leading to a problematic fragmentation of the international legal order. It argues instead that pluralism is a fundamental and indispensable feature of international criminal law which permeates it on several levels: through multiple legal regimes and enforcement fora, diversified sources and interpretations of concepts, and numerous identities underpinning the law and practice. The book addresses the virtues and dangers of pluralism, reflecting on the need for, and prospects of, harmonization of international criminal law around a common grammar. It ultimately brings together the theories of legal pluralism, the comparative law discourse on legal transplants, harmonization, and convergence, and the international legal debate on fragmentation to show where pluralism and divergence will need to be accepted as regular, and even beneficial, features of international criminal justice.