Peace making and Restorative Practices in Serious Crime Bill Whyte 2017 .

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Presentation transcript:

Peace making and Restorative Practices in Serious Crime Bill Whyte 2017 .

Defining Restorative Practices and Restorative Justice Does/Can the Public Justice system really support restoration or peace making? a range of research with mixed findings (Strang H and Sherman L 2015; Shapland J, Robinson and Sorsby,2011; Rugge and Scott, 2009) ‘ Dutton and Whyte, 2006) .

Central place for person(s) harmed wide ranging scope of those harmed in serious crime often ignored – impact on people related both to the person(s) directly harmed and to the person(s) who harmed How systemic or holistic can provision be? .

Research outcomes show a range of positive benefits to those who participate directly where there is significant harm (Rugge and Scott, 2009) finding emotional peace? avoiding vengeful responses and enhancing community safety? .

most provision struggles, for a variety of reasons, to meet the medium to long term complex emotional needs of people affected by crime particularly when it involves death (Paterson et al., 2006). .

with its focus on interpersonal relationships, human need, and collaborative problem solving approaches, restorative justice might be viewed as a peacemaking or conflict-resolution approach to justice. Zehr, 2004: 307 .

. Restorative Justice is a process whereby all the parties with a stake in a particular offence to resolve collectively how to deal with the aftermath of the offence and its implications for the future Marshall 1999: 37 How many is ALL?; scope of AFTERMATH and IMPLICATIONS FOR FUTURE?

Assythment in Scots Law where personal ‘satisfaction’ could be sought even for homicide alongside of or instead of public justice. .

. Assythment in Scots Law ‘..in Scotland the Crown’s right to prosecute for homicide was circumscribed for centuries by the right of the kin of the victim to seek vengeance or alternatively to accept assythment this right to assythment - known also as ‘kinboot’- remained in cases where the death penalty had not been enacted; and a full pardon or remission, from the crown remained conditional on satisfying the just demands of the kin of the deceased for some kind of satisfaction Gordon and Fergus 1989, p47.

. Restorative Practices in Justice Funding Ownership’ The type of provision Training practitioners Professional supervision Timescales Evaluation