Full title in original language:
Accessibility and Initiation of Restorative Justice
Education level:
University University (18+ years)Topic / subtopic:
Crime prevention and criminal justice Restorative justice Criminal justice systemTarget audience:
Students,
Teachers / Lecturers
Type of resource:
Publication / Article
Languages:
English
Region of relevance:
Global
Access:
open access
Individual authors:
Malini Laxminarayan
Publication year:
2014
Published by:
European Forum for Restorative Justice
Copyright holder:
© European Forum for Restorative Justice
Contact name and address:
European Forum for Restorative Justice
Contact website:
Key themes:
cpcj, criminal justice, justice, crime, restorative justice
Links:
Short description:
The report answers two primary questions. First, when and under what conditions are restorative justice processes accessible to citizens? Factors related to accessibility include those that impede or assist parties in getting to a restorative procedure (i.e. those that can increase or prevent referrals). Therefore, important topics include the referral procedure, namely at what moment in time a referral is made and by whom parties are referred. A framework is designed based on international legislation, access to justice literature and existing empirical research on the topic. Subsequently, 10 factors are determined to conceptualise accessibility and are the focus of the empirical research: availability, legislation, exclusion criteria, awareness, attitudes, cooperation, trust, institutionalisation, good practices and costs.
Second, how are restorative justice processes initiated under different jurisdictions and in different models? Factors related to initiation include those that stimulate or discourage beginning a restorative procedure by the parties, and are related to the moment a victim or offender is invited or informed about restorative justice. There are several important elements to consider when informing parties about the option to participate in a restorative justice programme. These include the level of influence and authority of the initiator, the information provided, the mode of the offer, the language of the offer and the frequency of the offer.