Law, Religion, and Restorative Justice in New Zealand

2013 ◽  
Vol 28 (1) ◽  
pp. 143-177
Author(s):  
Donald W. Shriver ◽  
Peggy L. Shriver
Keyword(s):  
New Zealand ◽  
Restorative Justice ◽  
District Court ◽  
Police Chief ◽  
Youth Offenders ◽  
Judicial Process ◽  
Criminal Justice Agency ◽  
Cambridge University ◽  
Court Judge ◽  
Competent Person

A former police chief and a criminologist confirm a famous remark by Margaret Mead when they write: “The initiation of restorative reforms is often based upon the conversion of one key professional in a criminal justice agency.”New Zealand district court judge Fred W.M. McElrea personalized this rule in his account of how he stumbled on a restorative procedure in the case of a young man in Auckland, who was a Maori and son of a bishop, and who confessed to the crime of robbing a woman's purse. She happened to be a Quaker, and she appeared in court as a gesture of friendship for the offender. When the time came for sentencing, McElrea wondered out loud if there were a way for the young man to be monitored, without imprisonment, by some competent person who knew him. At that, Douglas Mansil, local Presbyterian minister, also present in the courtroom, stood and volunteered his services. Mansil had been the longtime “streetwise” pastor of a congregation in that Auckland neighborhood, known for furnishing the courts with more than a few youth offenders. Together with the Quaker victim of the crime, he kept track of the young man and reported regularly to the court. It was the beginning of McElrea's dedication to restorative justice (RJ) for young offenders in New Zealand. He and other judiciary leaders pay tribute to the influence of Howard Zehr's visit to New Zealand (NZ) in 1994 and Zehr's book, Changing Lenses, which McElrea first read during a sabbatical leave at Cambridge University. Zehr's book and his work in the U.S. had great impact on New Zealand legal officials, many of whom, like McElrea, often give him credit for inspiring shifts to RJ in their thinking about law, judicial process, and ethics.

scholarly journals PENERAPAN RESTORATIVE JUSTICE SEBAGAI MODEL PERLINDUNGAN TERHADAP ANAK (Studi Penanganan Perkara Anak Berhadapan Dengan Hukum pada Wilayah Hukum Pengadilan Negeri Dumai Kelas IA)

2019 ◽  
Vol 2 (2) ◽  
pp. 318-335
Author(s):  
Muhammad Sacral Ritonga ◽  
Mahmud Mulyadi ◽  
Mustamam Mustamam
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Descriptive Analysis ◽  
District Court ◽  
Law Enforcement Agencies ◽  
Judicial Process ◽  
Formal Process ◽  
Secondary Sources ◽  
Justice Process ◽  
The Law

The completion of the ABH case through the implementation of diversion was carried out using a restorative justice approach, requiring the consent of the victim and / or the family of the victim's child and the child's willingness. Thus, it is understood that the settlement of ABH cases cannot always be implemented diversion.The problems in this study, concerning the concept of restorative justice in Law Number 11 of 2012 concerning the Child Criminal Justice System, and regarding the concept of restorative justice as an effort to provide protection for children who are faced with the law, and factors that become obstacles and solutions in implementing restorative justice in the Legal Area of the Class IA District Court of Dumai.This research is empirical juridical research, by conducting research at law enforcement agencies / institutions in the Dumai State IA Class law, concerning the implementation of restorative justice in the Legal Area of the Class IA District Court of Dumai. This research is descriptive analysis, using primary and secondary sources. Data analysis used in this study is qualitative data analysis.Based on the results of the research, the concept of restorative justice in the SPPA Act was implemented through the application of Diversion at every level of the juvenile justice process. Diversion is the transfer of settlement of child cases dealing with the law from the formal process (judicial process) to the formal process, by means of deliberation and consensus which prioritizes restorative justice. The concept of restorative justice will provide protection for ABH, because through the implementation of child diversification it will be kept away from the formal justice process which allows the neglect of children's rights and traumatizes children. The obstacle in the implementation of restorative justice in the legal court area of the IA Dumai class is still a lack of human resources law enforcement officers. Supporting facilities and infrastructures are still very minimal. There is still a lack of socialization to the community.

scholarly journals EFEKTIFITAS PENGAWASAN HAKIM OLEH KOMISI YUDISIAL

2018 ◽  
Vol 13 (1) ◽  
pp. 10-17
Author(s):  
Oddie Moch Ikhsan ◽  
Habib Muhsin Syafingi ◽  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Supreme Court ◽  
Criminal Code ◽  
District Court ◽  
Police Chief ◽  
Trial Judge ◽  
Effective Implementation ◽  
Court Judge ◽  
The Supreme Court ◽  
National Police

Starting from the establishment of a suspect Candidate Former National Police Chief Pol Commissioner General Budi Gunawan then apply prapradilan to the South Jakarta District Court. Because the 77 Criminal Code stated determination of the suspect is not an object pretrial. In those articles which can be handled by pretrial regulated limitative, only for legitimate or not the arrest, detention, discontinuation or termination of the investigation and prosecution of compensation or rehabilitation for a criminal case was stopped at the level of investigation or prosecution. After a single judge South Jakarta District Court partially granted the petition Sarpin Rizaldi prapreadilan BG. In his judgment, Sarpin interprets the determination of the suspect as one of the pre-trial. Judge Sarpin Ats such action under the spotlight of the Judicial Commission for the above decision. The Judicial Commission then recommended to the Supreme Court Judge Sarpin to sanctions, but the Supreme Court rejected the recommendation because they have entered the realm of the judge's decision. The formulation of the problem in this study is How Model Judicial Oversight Committee, Oversight Problems To Know judge by the Judicial Commission, the Judicial Commission How the Implementation Monitoring and Oversight How effective implementation of the functions of the Judicial Commission in supervising judges and its influence on the judicial power. The method used in this research is using normative juridical approach, the specification of the research is descriptive analytical.Based on the findings of the Judicial Commission has the concept of preventive surveillance by the repressive, namely to prevent and then are giving emphasis and contain sanctions. The Judicial Commission has the authority to give the sanction of ethics recommendations to the Supreme Court but the repressive ie without the MA recommendations, the recommendations of the Judicial Commission to be worth sia. Cooperation and there is no obvious surgical realm between the Supreme Court and the Judicial Commission.

scholarly journals Penerapan Diversi melalui Pendekatan Keadilan Restoratif (Restorative Justice) pada Anak Pelaku Penyalahgunaan Narkotika

2021 ◽  
Vol 2 (1) ◽  
pp. 202-206
Author(s):  
Putu Ayu Sarina Selsa Oktaviani ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Nyoman Gede Sugiartha
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
The Elderly ◽  
District Court ◽  
Judicial Process ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Narcotic Drugs

This research aims to find out how implementation of the diversion of the perpetrators of the abuse of narcotic drugs by using the method of the approach of restorative justice by involving the perpetrator, the victim, the family of the offender or the victim, community counselors and professionals. The research method used is the normative legal research with approach of legislation, articles as well as the doctrine or the views from experts associated with the diversion and narcotic in children. With regard to the handling of child abuse of narcotic drugs, the problems in this thesis is the arrangement of diversion by law about the criminal justice system of the child and the application of diversion through approach restorative justice in the criminal offence of child perpetrator of abuse of narcotic. The settings regarding diversion here is actually a settling criminal acts with children outside of the criminal justice process. Where the diversion can be carried out against the perpetrator of the crime that the threat of punishment of less than 7 (seven) years and is not a repetition of the crime. Against the application of the abuse of narcotics diversion for children conducted through deliberation in accordance whit the provisions of article 8 of law about the criminal justice system so that children can make a deal with diversion consider the child’s interests, in this case intended to avoid and keep children from the judicial process. In terms of the results of the diversion agreement already agreed upon with the parties where the implementation of the outcome of the diversion agreement would of course also have to be monitored both from the elderly, the environment, and investigators also rehabilitation center to ascertain if the result of the diversion deal was already done by the child and reported to the Chairman of the District Court where the implementation of such diversion is implemented.

The Views of the Public on Youth Offenders and the New Zealand Criminal Justice System

2016 ◽  
Vol 62 (1) ◽  
pp. 129-149 ◽  
Author(s):  
Craig Barretto ◽  
Sarah Miers ◽  
Ian Lambie
Keyword(s):  
New Zealand ◽  
Restorative Justice ◽  
Justice System ◽  
Youth Violence ◽  
Qualitative Methodology ◽  
Youth Offenders ◽  
Youth Justice ◽  
The Public ◽  
Nationally Representative ◽  
Survey Responses

Public perceptions of crime and punishment have taken on increasing importance as countries grapple with how to address youth violence. The current study aimed to compare the views of those who have had personal experience of victimisation from youth offenders and those who have not, on what could be improved in managing youth offending in New Zealand. A qualitative methodology was used with data from open-ended survey responses from a nationally representative sample. Public sentiments favoured addressing systemic issues and providing rehabilitation as main emphases followed by more punitive measures, prevention, and restorative justice. Victims were over-represented on sentiments of prevention whereas non-victims were over-represented in support for more punitive measures and restorative justice. There was also considerable support for a multi-facetted approach that utilised a number of the approaches above, suggesting that the solution is as complex as the offender’s circumstances. These findings are very much in line with the current goals of the youth justice system with its emphasis on diversion and rehabilitation.

RESTORATIVE JUSTICE WITH YOUTH SEX OFFENDERS: ISSUES FOR PRACTICE

2017 ◽  
Vol 26 (2) ◽  
pp. 241-259
Author(s):  
Thulane Gxubane
Keyword(s):  
Sex Offenders ◽  
Restorative Justice ◽  
South African ◽  
Justice System ◽  
Work Practice ◽  
Social Work Practice ◽  
Youth Offenders ◽  
African Child ◽  
Doctoral Study ◽  
South African Child

The South African child justice system has adopted the philosophy of restorative justice in the management of child and youth offenders in general as reflected in the preamble of the Child Justice Act 75 of 2008. Whilst restorative justice has been easily applied to less serious youth crimes generally, there seems to be some reservations regarding its appropriateness to dealing with youth sex offenders. This article looks at restorative justice approach within the context of diversion and seeks to highlight practice issues that need to be considered with regard to the application of the aforementioned approach in dealing with youth sex offenders. The article draws from the findings of a Doctoral study that the author conducted which explored this area of social work practice.

scholarly journals L'inconstitutionnalité des pouvoirs du protonotaire spécial

2005 ◽  
Vol 22 (2) ◽  
pp. 429-454
Author(s):  
Serge Bouchard ◽  
Marie-Michèle Lavigne ◽  
Pascal Renauld
Keyword(s):  
Case Law ◽  
Civil Procedure ◽  
District Court ◽  
Privy Council ◽  
Labour Relations ◽  
Court Judge ◽  
Administration Of Justice

The office of special prothonotary was created in 1975 by an amendment to the Code of Civil Procedure. The main purpose of the change was to ease the administration of justice before the courts. For this reason, the special prothonotary received many assignments which were reserved until then to a judge sitting in chambers and even to the court itself. Such transfer of duties and powers may conflict with section 96 of the BNA Act, which acts as a bar to prevent the withdrawal of judicial functions from a superior, county or district court. This paper deals with the interferences between various sections of the Code of Civil Procedure and section 96 of the BNA Act. The first part of the paper deals with the approach adopted by the courts. The true test, according to the case-law, is to determine the nature of the function involved. Since only judicial functions are protected by section 96, it is intravires the Legislature of Quebec to confer on a board or tribunal administrative or ministerial powers. If the transfer involves judicial functions, the courts will use the test adopted by the Privy Council in Labour Relations Board of Saskatchewan v. John East Iron Works and by Sir Lyman Duff in In re Adoption Act, and examine whether the transferee is analogous to a superior, district or county court. The courts will also have to apply the « 1867 statute books test » : was the particular function conferred to the prothonotary before 1867 ? If the results of each of the two tests are affirmative, then the function is one protected by section 96 of the BNA Act and its transfer is ultra vires the provincial Legislature. If the results are negative, the courts will examine if the provisions involved have the effect of vesting in the special prothonotary the powers of a superior court judge. If the courts conclude that it is so, then, the assignment is ultra vires the powers of the provincial Legislature. The second part deals with each of the assignments transferred to the special prothonotary. These are threefold in nature: 1. Actions by default to appear or by default to plead under article 195 C.C.P. ; 2. Jurisdiction under article 44.1(1) C.C.P. ; 3. Interlocutory or incidental proceedings, contested or not, but, if so, with the consent of the parties. The paper concludes that most of the provisions dealing with the duties and powers of the special prothonotary are unconstitutional

The Neo-Behavioral Approach to the Judicial Process: A Critique

1963 ◽  
Vol 57 (3) ◽  
pp. 593-603 ◽  
Author(s):  
Wallace Mendelson
Keyword(s):  
Legal System ◽  
The Other ◽  
Behavioral Approach ◽  
Lower Court ◽  
Judicial Process ◽  
Legal Rules ◽  
Court Judge ◽  
Good Medicine ◽  
The Law ◽  
The Times

A generation ago “legal realists” led by Jerome Frank and Karl Llewellyn dismissed law as a myth—a function of what judges had for breakfast. The important thing, they insisted, was what a court did, not what it said. No doubt this was good medicine for the times. Yet, however broad Frank's 1930 language, later on the bench he loyally acknowledged the compulsive force of legal rules. As a lower court judge, he decided cases in accordance with what he found the law to be—and on occasion he made clear in addenda what he thought it ought to be.Llewellyn, too, changed his mind. In 1934 he had said, “The theory that rules decide cases seems for a century to have fooled, not only library-ridden recluses, but judges.” Seventeen years later he confessed that his earlier behavioral descriptions of law contained “unhappy words when not more fully developed, and they are plainly at best a very partial statement of the whole truth.”In short, after their initial enthusiasm, these and other legal realists recognized that there is and must be law in the judicial process, as well as discretion. This was inevitable, for society can no more dispense with order and coherence than it can deny the demands of changing circumstance. We must have stability, yet we cannot stand still; and so the legal system inevitably has both static and dynamic qualities. Holmes put it in a thimble: “The … law is always approaching, and never reaching, consistency. It is forever adopting new principles from life at one end, and it always retains old ones from history at the other, which have not been absorbed or sloughed off. It will become entirely consistent only when it ceases to grow.”

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