Search

Current Title IX policy focuses strictly on adjudication and punishment for sexual assault on college campuses. Yet, the possibility of alternative forms of justice has long been a point of debate, with recent policy changes allowing for university choice in the application of transformative and restorative justice practices. The following study, using qualitative interviews with 23 student survivors from two universities, finds that student survivors of campus sexual assault were not focused on punishment as a remedy for their victimization. Instead, students discussed a desire to be heard, have their victimization recognized, and the creation of survivor-centered resources focused on healing and resiliency. Opportunities for alternative forms of justice that increase healing and help seeking among student survivors are discussed. [ABSTRACT FROM AUTHOR]

Copyright of Pacha: Journal of Contemporary Studies of the Global South / Revista de Estudios Contemporáneos del Sur Global is the property of PACHA REVISTA DE ESTUDIOS CONTEMPORANEOS DEL SUR GLOBAL and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Teen courts are one branch of a specialized, "alternative" justice system that promises a pathway out of the criminal justice system. Teen courts center teens as both defendants and arbiters of justice, which attempts to turn the traditional juvenile justice system on its head. Yet, these purportedly alternative justice initiatives are inextricably tied to and shaped by youths' carceral habitus, their philosophies of justice, and social inequality. Using observational and interview data, we analyze two teen courts in the eastern United States to understand the philosophies of justice at play in these settings and the outcomes yielded in practice. Our analysis indicates that while these courts have some promising aspects, they also suffer from detriments similar to those in traditional court systems. We find that teen courts vary in punitiveness, struggle to provide rehabilitation or restorative justice, and reproduce and institutionalize racial and socioeconomic inequalities. This reality impacts youths' lives in tangible ways, including the long-lasting mark of their criminal record, their normalization of hyper-punitiveness, and leads to the reproduction of social inequality. From our findings, we offer recommendations to reduce the criminalization of youth in schools and communities and urge a transformation from punishment-oriented courts toward opportunity-oriented programs. [ABSTRACT FROM AUTHOR]

Copyright of CIE Knowledge, Research & Education Magazine / Revista Conocimiento, Investigación y Educación CIE is the property of CIE Knowledge, Research & Education Magazine and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Today's child crime has grown rapidly and is heavily influenced by technological developments. Various kinds of child crimes are problematic with the law so that the swift advancement of information technology presently holds a beneficial influence on society by easily obtaining the information needed and has a negative impact because there is a lot of misleading information circulating and websites, pornographic sites. So that children who are just about to grow up or teenagers will feel curious and will most likely take actions beyond reason. So legal action is needed to safeguard minors from the impact of the conventional judicial proceedings granted to offenders of such offenses, thereby allowing the criminal justice system to prosecute the culprits of sexual assault, it is necessary to do a better alternative justice for children. However, it must be balanced for the victims as well, so that the alternative referred to as "diversion" or what is referred to as restorative justice does not feel shielded.

Alternative justice provides for various types of alternative dispute resolution mechanisms that integrate the right of access to justice. This document aims to describe some of the alternative mechanisms provided for in the Mexican State and their importance in the consolidation of a culture of peace. In which citizens can legitimize their right of access to justice through these mechanisms through a peaceful means based on dialogue and communication assisted by a professional third party called a facilitator. Alternative justice configures processes of consensus, democratic and inclusive for the citizen as that person to develop the ability to manage and solve their own conflict that is reflected in an agreement that has the character of res judicata. [ABSTRACT FROM AUTHOR]

This article focuses the emergence of and need for alternative governmentality and Kurdish non-state justice under a conflicted and authoritarian state. It analyses how and why Kurdish de facto judges operate and negotiate prevailing power relations, illustrating the practice of the Kurdish alternative court system before 2000, and the development of local justice in Kurdish towns and cities after 2000. The article maps out the diverse and varied scene of Kurdish parallel justice procedures and mechanisms. The gendered demands and activities of key actors and beneficiaries are analysed, and relations, tensions and political rifts beyond the actual court procedures explored. The article sheds light on the different obstacles and challenges facing women and men under local justice, while also paying attention to ethnic and religious diversities. In this article, the examination of the state and understanding the everyday life of regular people are mainly based on direct ethnographical accounts.

Copyright of Dixi is the property of Universidad Cooperativa de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this research, it is aimed to expose and analyze some alternative justice and conflict resolution practices developed by peasant communities in the Catatumbo region (North of Santander, Colombia), in a context where the presence of the armed conflict and the implementation of the peace agreement allow a debate on the legitimacy and legality of these alternative practices of justice and citizen coexistence. In this research, it is hypothesized that the strengthening of alternative justice practices, especially those developed by peasant communities, contribute to the construction of the State from the local level. Through the analysis of the current regulations, the theoretical aspects and the phenomenological description of community practices, the dilemmas faced by understandings of justice, conflict resolution methods, and peacebuilding practices are exposed in a context where the armed conflict has not yet been overcome.

This article focuses the emergence of and need for alternative governmentality and Kurdish non-state justice under a conflicted and authoritarian state. It analyses how and why Kurdish de facto judges operate and negotiate prevailing power relations, illustrating the practice of the Kurdish alternative court system before 2000, and the development of local justice in Kurdish towns and cities after 2000. The article maps out the diverse and varied scene of Kurdish parallel justice procedures and mechanisms. The gendered demands and activities of key actors and beneficiaries are analysed, and relations, tensions and political rifts beyond the actual court procedures explored. The article sheds light on the different obstacles and challenges facing women and men under local justice, while also paying attention to ethnic and religious diversities. In this article, the examination of the state and understanding the everyday life of regular people are mainly based on direct ethnographical accounts. [ABSTRACT FROM AUTHOR]

Access to justice is a way to guarantee this human right to citizenship through its administration. In the Mexican state, Article 17 of the Constitution has a heterocompositive (trial) and autocompositive (negotiation, mediation, conciliation, arbitration) mechanism applicable in various matters and in accordance with its regulations. In this sense, it is important to consider the professionalization of the facilitators in charge of managing the conflict of mechanisms that requires considering being applied from the principles of the same from the alternative justice. Although there is progress on the matter, this document exposes alternative justice based on alternative mechanisms in Mexico. [ABSTRACT FROM AUTHOR]

The predisposition of people to maintain a litigious mentality and the lack of dissemination of the various procedures that exist to resolve conflicts, has caused the parties to choose to resolve their disagreements in the traditional way, that is, through the jurisdictional process. However, the critical situation that prevails within the courts for the administration of justice is unknown to anyone. The increase in the index in the promotion of lawsuits that are filed daily by individuals, in order to resolve their legal disagreements in the civil and family sphere, has had a negative impact on the resolution of conflicts through jurisdictional channels. Situation that becomes notorious in the delay and delay of the processes that are urged in order to obtain a prompt and expeditious justice. Faced with such a collapse, time and necessity have forced us to look for various options or alternatives that put an end to conflicts of this nature, in an efficient, effective, simple, fast and economic way. This article is based on the analysis of the need to materialize the constitutional mandate to access an alternative justice through the implementation of a mandatory pretrial conciliation instance in civil and family matters. Procedure prior to the process, the objective of which will be to provide a genuine possibility of resolving conflicts of a civil and family nature, as well as shortening the deadlines for their resolution, which must be presided over by expert conciliatory officials. [ABSTRACT FROM AUTHOR]

This article describes and explains what happens after holding a procedure, which results in a reparatory agreement (AR), using alternative dispute resolution mechanisms (MASC), provided for in the National Law of Alternative Mechanisms for the Resolution of Controversies in Criminal Matters (LNMASCMP), depending on the appropriate case; conciliation, mediation and the restorative meeting, which are held between the victim or offended and the accused. Once said AR has been held, there is an area that is in charge of monitoring, which has to comply with certain functionality. The 2008 reform to the Political Constitution of the United Mexican States (CPEUM) in its article 17, fourth paragraph, creates the LNMASCMP which, as of its publication in 2014, governs alternative mechanisms in criminal matters. However, there is a lack of knowledge about the handling or management after holding an RA, in particular of the PR monitoring area of the Attorney General's Office of the State of Tabasco (FGE), as well as the role it plays when having knowledge of the subscription deferred AR, which are stipulated in numeral 36 of the (LNMASC) in its different sections. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Research of the University of Quindio / Revista de Investigaciones Universidad del Quindio is the property of Journal of Research of the University of Quindio and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Iberoamericana de Estudios de Desarrollo is the property of Revista Iberoamericana de Estudios de Desarrollo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Dirassat in Humanities & Social Sciences is the property of Research & Development of Human Recourses Center (REMAH) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Documents are part of interactive sociocultural worlds in which ethnographers can analyse topics such as power relations, social struggle, violence and secrecy. While they emerge from bureaucratic administration, apparently mundane and stagnant documents represent dynamic processes of decision-making, knowledge production and exclusion. I consider ethnographic research on documents and their production as one that offers significant insights into bureaucratic violence and the tensions between formality and informality in alternative dispute resolution in Virginia and the San Francisco Bay Area. This article discusses working with documents that are simultaneously bound by law and exist extra-legally. While documents are used to gain economic support, strengthen relationships between non-profit and government bodies, and evidence 'success', the processes have difficulties. The data demonstrate that bureaucratisation has resulted in cumbersome processes and expensive requirements that mirror the exclusion and power asymmetries of formal law itself. [ABSTRACT FROM AUTHOR]

This article analyzes conflict mediation as a field of practices and knowledge of conflict management in Brazil, referred to in this article as « justice of dialogue ». I examine how the workings of extrajudicial mediation in the Balcões de Direitos, or Counters of Rights, in two Brazilian cities. Mediation brings an ideal of participatory justice based on communication, less bureaucracy and greater access to justice for low-income populations. However, I also argue that the use of mediation ends up producing not a subject of citizenship rights but the recognition of women as « subjects of alimony », through the educational control of poor families.

Copyright of Anuario Colombiano de Derecho Internacional is the property of Colegio Mayor de Nuestra Senora del Rosario and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Considering that mediation is a facilitating way to access the alternative solving of litigations in conciliatory terms, the study is encouraging using the mediation and providing a balanced relationship between mediation and judiciary procedures. As an aftermath of summary definition, we can say that role of mediation is to overcome the communicative barriers in order to solve the conflict and save the fact situation on both parts. The study aims at analyzing objectively all consequences of both solving ways of litigations: traditional one, through the law court and mediation, with the advantages derived from them (celerity vs. time consuming, expensive judiciary proceedings vs. low costs, etc.)

Alternative justice--conflict resolution outside formal law--seeks to alleviate pervasive social issues, such as the school-to-prison pipeline. Alternative justice practitioners increasingly seek to transform the legal system and the violence it perpetuates from within by implementing programs and processes in collaboration with formal law and legal actors. However, this collaborative approach requires practitioners to create bureaucratic processes and procedures such as memoranda of understanding, complex filing systems, and data tracking. Multisited ethnographic research in the United States (2014-2017) reveals that there is little consensus among these practitioners as to whether this bureaucratization will benefi t or harm their work. Th e bureaucracy of processing case work, implementing standardized procedures, extending training requirements, and cost barriers are viewed positively insofar as they gain legitimacy for the field. Is bureaucratization necessary to achieve legitimacy, or does it restrict practitioners' ability to fulfill client needs and the principles of their justice paradigm? [ABSTRACT FROM AUTHOR]

Considering that mediation is a facilitating way to access the alternative solving of litigations in conciliatory terms, the study is encouraging using the mediation and providing a balanced relationship between mediation and judiciary procedures. As an aftermath of summary definition, we can say that role of mediation is to overcome the communicative barriers in order to solve the conflict and save the fact situation on both parts. The study aims to analyze objectively all consequences of both solving ways of litigations: traditional one, through the law court and mediation, with the advantages derived from them (celerity vs. time consuming, expensive judiciary proceedings vs. low costs, etc.)

Copyright of Nouvelles Pratiques Sociales is the property of Revue Nouvelles Pratiques Sociales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

El presente trabajo plantea la necesidad de cambiar la noción tradicional de acceso a la justicia y cómo la misma debe ser incorporada en los procesos de reforma judicial. Es por ello que se propone identificar cuáles son las barreras que impiden a la población acceder a un mecanismo que satisfaga sus necesidades jurídicas, lo cual pasa por reconocer a los sistemas de justicia alternativa. Finalmente se reflexiona sobre la agenda de temas pendientes en justicia comunal.

When Iran adopted the French judicial model in 1911, justice, a new state institution, became secular and undermined religious courts and traditional arbitrary justice systems. Provinces and villages suffered from the institutionalization of state justice which structures were now unfamiliar and distant, inducing long and costly trials due to the implementation of heavy procedures. In the beginning of the sixties (1963) alternative justice structures, named Equity Houses, were put in place in villages and became quite popular. They were eliminated by the 1979 judicial reform brought by the revolution and replaced recently by the Council for the Resolution of Conflicts.

Which sources for what sort of history? The libri talk about the governor’s justice in the Roman Empire. But what was this justice for the inhabitants of the Empire? Was there any place for other forms of justice? Can the modern concept of alternative justice be convenient for the Roman times? Many judicial prayers have been found recently and this constitutes an exceptional corpus able to enlighten the praxis of Law in the Roman provinces. As we know, there is a unity among the judicial prayers: everywhere the same words, the same style. Would the judicial prayers be only simple replication of the Roman trial. The alternative would be quite reduced due to the strength of the res publica to control all forms of justice. However it seems that if we look at the feelings of the litigants, the judicial prayers can constitute a genuine alternative justice because they allow them to ask for divine judgment and to access to revenge. It is in this relation to the divinity that we can find differences between the judicial prayers, those from Asia Minor and those from Roman Britain.

During the Soviet period alternative justice was essentially repressive under its two forms, Party assemblies and comrades’ courts on working places and living places. Its aim was to exert pressure on citizens’ private life to have it more conform to Party official standards or to the so-called requirements of socialist living community. New modes of life in the current period have renewed conflicts, on the one hand, in the housing sector because of the wealth disparity between various flat owners and, on the other hand, in an ever growing business sector where violence tends to replace court actions. The recent legislative attempt to introduce a universal mediation procedure between conflicting parties through a neutral professional mediator seems to produce relative results.

Dacian-Cosmin DRAGOŞ and Bogdana NEAMŢU (editors), Instituţia Ombudsmanului: Justiţie Alternativă? (The Ombudsman Institution: Alternative Justice?), Bucharest, C.H. Beck, 2011

This article is about access to law problems in Peru, taking up the hypothesis that community justice might be an alternative to those barriers (economic, social and cultural). The first section describes the three main obstacles confronting Peruvian citizens in obtaining hearings. In this context, an alternative is proposed in the form of the community justice currently practiced by Aymaraand Aguaruna communities and which, as we shall see, seems to be a viable option for the nation at large.

This paper describes the origin and development of the mediation in Mexico, a procedure that is currently gaining great force in that country. However, its beginning dating from 1997 had a certain problematic since the mediation did not begin as a national movement, because was local and only in a judicial forum. However, in 2008 it became a federal obligation that all the states of the country offer alternative justice mechanisms, including the mediation in their respective judicial powers, although each state developed its own way, because their respective laws are local, so their results at the individual level are very diverse. Also, in recent years, it has also developed the school, community and indigenous mediation in some states, which promote citizen participation, which is one of the major factors for the development of mediation in such scenarios. The article narrates in a chronological way the described evolution, using, besides doctrine, statistics and official information. Also shows, that though the mediation in Mexico is gathering strength, it is not doing it in a homogeneous way in the whole country because the state differences sometimes are very big. [ABSTRACT FROM AUTHOR]