Restorative justice

An Unexpected Path: Bankruptcy, Justice and Intersecting Identities in the Catholic Sexual Abuse Scandals

Author/s (editor/s):

Edelman, Meredith

Publication year:

2016

Publication type:

Journal article

Find this publication at:
Taylor and Francis online

Abstract:

This article will discuss how various identities inhabited by victims of child sexual abuse by Catholic clergy may impact survivors’ ability to find justice through legal processes. It also highlights two examples of patterns of response to allegations of sexual abuse by clergy in the United States. In prominent urban archdioceses, empowered survivors, often members of dominant social groups, have successfully utilised media and legal process — resulting in criminal convictions, large awards in civil court and the implementation of new prevention efforts. In large part, the public perception of who survivors are is based on this model. This article will discuss how this perception may be inaccurate; survivors in subaltern communities are likely to be under-represented, not only in public perception but also in terms of access to legal process and remedies. In certain US jurisdictions, however, bankruptcy cases filed by Catholic organisations may prove to be an intriguing legal process whereby some survivors have been able to secure remedies that could be described as restorative. Two of these jurisdictions, where most survivors are indigenous or Hispanic, will be highlighted in this article in order to consider how mechanisms other than traditional civil litigation may lower barriers to legal remedies.

Cite the publication as

Edelman, Meredith. 2015. ‘An Unexpected Path: Bankruptcy, Justice and Intersecting Identities in the Catholic Sexual Abuse Scandals.’ Australian Feminist Law Journal Vol41(2): 271-287.

Restorative justice: The evidence

Author/s (editor/s):

Sherman, Lawrence
Strang, Heather

Publication year:

2007

Publication type:

Book

Find this publication at:
http://www.smith-institute.org.uk/publications.html

In 2004-05 the Smith Institute ran a highly successful series of seminars looking at case studies of the use of restorative justice (RJ) techniques among criminals and their victims, in schools, and within communities and neighbourhoods. Building on the impressive accounts of how powerful restorative justice techniques could be, as a way both of changing behaviour and of mitigating harm, this independent report was commissioned by the Smith Institute in association with the Esmée Fairbairn Foundation in order to examine the evidence on RJ from Britain and around the world. The aim of the project was to bring together the results of RJ trials in order to set out a definitive statement of what constitutes good-quality RJ, as well as to draw conclusions both as to its effectiveness with particular reference to reoffending and as to the role that RJ might play in the future of Britain’s youth and criminal justice systems.

Cite the publication as

Sherman, Lawrence W and Heather Strang, 2007, Restorative justice: The evidence, London: The Smith Institute

Restorative justice, self-interest and responsible citizenship

Author/s (editor/s):

Walgrave, Lode

Publication year:

2008

Publication type:

Book

After editing and contributing to several books on restorative justice, Lode Walgrave has brought together his thinking in one comprehensive volume, which will prove a definitive step towards the progress of the movement by improving its theoretical base.

Cite the publication as

Walgrave, Lode. 2008. Restorative justice, self-interest and responsible citizenship. 1st ed. Cullompton: Willan Publishing.

Key elements of effective practice - Restorative justice (source)

Author/s (editor/s):

Sherman, Lawrence
Strang, Heather

Publication year:

2008

Publication type:

Book

This is the source document on which the Key Elements of Effective Practice - Restorative Justice is based.

Cite the publication as

Sherman, Lawrence and Heather Strang, 2008. Key elements of effective practice - Restorative justice. London:Youth Justice Board of England and Wales

Restorative justice and family violence

Author/s (editor/s):

Strang
Heather (ed)
Braithwaite
John (ed)

Publication year:

2002

Publication type:

Find this publication at:
http://www.cambridge.org/gb/knowledge/isbn/item1149524/

This book addresses one of the most controversial topics in restorative justice: its potential for dealing with conflicts within families. Most restorative justice programs specifically exclude family violence as an appropriate offence to be dealt with this way. This book focuses on the issues in family violence that may warrant special caution about restorative justice, in particular, feminist and indigenous concerns. At the same time it looks for ways of designing a place for restorative interventions that respond to these concerns. Further, it asks whether there are ways that restorative processes can contribute to reducing and preventing family violence, to healing its survivors and to confronting the wellsprings of this violence. The book discusses the shortcomings of the present criminal justice response to family violence. It suggests that these shortcomings require us to explore other ways of addressing this apparently intractable problem.

Cite the publication as

Strang, Heather (ed), 2002, Restorative justice and family violence, Cambridge University Press, Cambridge

Transforming security: A South African experiment

Author/s (editor/s):

Shearing, Clifford

Publication year:

2001

Publication type:

Book chapter

Cite the publication as

Shearing, Clifford, 2001. ‘Transforming security: a South African experiment.’ In Restorative justice and civil society, edited by Heather strang and John Braithwaite, 14-34. Cambridge: Cambridge University Press.

Restorative justice and a better future

Author/s (editor/s):

Braithwaite, John

Publication year:

2003

Publication type:

Book chapter

Cite the publication as

Braithwaite, John, 2003. ‘Restorative justice and a better future,’ In A restorative justice reader: texts, sources, context, edited by Gerry Johnstone, 83-97. UK, Devon:Willan Publishing.

Repairing the Future: the South African Truth and Reconciliation Commission at Work

Author/s (editor/s):

Leman-Langlois, Stephane
Shearing, Clifford

Publication year:

2004

Publication type:

Book chapter

Cite the publication as

Leman-Langlis, Stephane, and Clifford Shearing, 2003. ‘Repairing the future: the South African Truth and Reconciliation Commission at work.’ In Crime, Truth and Justice, edited by George Gilligan and John Pratt, 222-242. Willan Publishing

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