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Rights and Restoration within Youth Justice

Rights and Restoration within Youth Justice

Edited by Theo Gavrielides, Director Independent Academic Research Studies (IARS)

ISBN 13:
978-1-897160-62-6



About the Authors

Editor

Dr. Theo Gavrielides, Founder and Director of Independent Academic Research Studies (IARS), Visiting Professorial Research Fellow at Panteion University of Social and Political Sciences, Visiting Senior Research Fellow at Open University, Visiting Scholar at Department of Justice Studies, Mount Royal University and Visiting Professor at Buckinghamshire New University.

Dr. Gavrielides is a restorative justice and human rights expert with a particular interest in social and penal policy, criminal justice reform and youth justice. In 2001, he founded the international social policy think-tank IARS aiming to empower young people to have a voice in decision making processes, the law and practices affecting them. He is also a Trustee of the Anne Frank Trust.

Previously, Dr. Gavrielides worked in the race equality field while being the Chief Executive of Race on the Agenda. He also worked at the Ministry of Justice as the Human Rights Advisor of the Strategy Directorate. During 2002-2004, he worked as a researcher at the Centre for the Study of Human Rights of the London School of Economics and Political Science (LSE). He is also a legal counsel specialising in criminal law, human rights and EU law. He taught criminal law and common law reasoning and institutions at the University of London, and has acted as a human rights and criminal justice advisor for various Chambers and policy bodies.

Dr. Gavrielides obtained a Doctorate in Law from the London School of Economics and Political Science (PhD, 2004) and a Masters in Human Rights Law from Nottingham University (LL.M in Human Rights Law, 2000). He graduated from the Faculty of Laws of the National University of Athens (LLB. 1999), and practised law at Gavrielides & Co.

Dr. Gavrielides has published extensively in academic journals while his book “Restorative Justice theory and practice” has been published by the European Institute for Crime Prevention and Control affiliated with the United Nations (HEUNI) and Criminal Justice Press.

Contributors

Prof. John Braithwaite, Australian National University John Braithwaite is an Australian Research Council Federation Fellow and Founder of RegNet (the Regulatory Institutions Network) at the Australian National University . He is embarking on a 20-year comparative project called 'Peacebuilding Compared', with Hilary Charlesworth, Valerie Braithwaite and Kate Macfarlane. In the past he has worked on a variety of areas of business regulation and on the crime problem. His best known work is on the ideas of responsive regulation and restorative justice. John Braithwaite has been active in social movement politics around these and other ideas for 40 years in Australia and internationally. His most recent book is Regulatory Capitalism: How it works, ideas for making it work better (2008).

Prof. Daniel Van Ness, Executive Director of the Centre for Justice and Reconciliation, Prison Fellowship International, Adjunct Professor at Pepperdine University School of Law Dan Van Ness has been immersed in criminal justice issues for 30 years, as a lawyer, restorative justice advocate, and teacher. After six years’ poverty law practice on the West Side of Chicago, he worked with a national justice reform organization lobbying for changes in sentencing and victim rights issues. His interest in restorative justice began in 1982 when he met Howard Zehr and Mark Umbreit while promoting expansion of community corrections in Indiana. Dan has worked with Prison Fellowship International's Centre for Justice and Reconciliation since 1996. Dan was a primary architect of the United Nations of Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters. He is the author of articles, papers, and several books on restorative justice, the most recent of which are Restoring Justice, 3rd edition (co-authored with Karen Heetderks Strong) and Handbook of Restorative Justice (co-edited with Gerry Johnstone).

Prof. Maria Hatzipavlou, Department of Social and Political Science, University of Cyprus, Cyprus Maria Hadjipavlou is an associate professor at the Department of Social and Political Sciences, University of Cyprus. She teaches Comparative Politics, Gender Studies, Conflict Resolution, International Peace and Security, and the Cyprus Conflict from a multi-disciplinary perspective. She was educated in Cyprus, the United Kingdom and the United States. She has a Ph.D in Social and Political Change, Boston University, U.S.A (1987). She was a post-doctoral student at Harvard University (1991-93). She was a visiting scholar at the school of International and Public Affairs (SIPA), Columbia University, U.S.A, (1996-97), where with Dr. Andrea Bartoli founded the Center of International Conflict Resolution (CICR)and she continues to be a senior research associate and supervisor to graduate students who work on Cyprus. She has facilitated and designed numerous conflict resolution workshops among different social groups from both Cypriot communities. She is a founding member and president for ten years of the non-governmental organization, the Cyprus Peace Center (1999-2008); a founding member of the first independent Cypriot Women’s NGO, “Hands Across the Divide” (2001) and its current president. She is a consultant and member of expert teams at the Council of Europe on issue of inter-cultural dialogue and equality between men and women. She is a trainer for UNFPA and trained women in Afghanistan, Tunisia and Bradislava on gender and conflict resolution. She is a trainer for WINPEACE (Women’s Initiatives for Peace, Greece and Turkey) for the students’ educational peace camps.

Dr. Christa Pelikan, Institut für Rechts- und Kriminalsoziologie - Institute for Sociology of Law and Criminology, Austria Christa Palikan is a researcher at the Institute for the Sociology of Law and Criminology in Vienna. She is staying with the Institute since its foundation in 1973 and has been working in the fields of family law and criminal law. In 1984 she became involved with the first Austrian pilot project in victim-offender mediation She has been doing accompanying research on the large Austrian pilot project on ‘Victim-offender mediation in juvenile justice’ and later on a pilot project ‘Victim-offender mediation in general criminal law’. Following from this experience she started to participate in various bi-lateral and international conferences dealing with the theme of victim-offender mediation – and then also restorative justice. She has been chairing the ‘Committee of experts on mediation in penal matters’ within the European Committee on Crime Problems’ (CDPC) and has been a member of the Criminological Scientific Council to the CDPC of the Council of Europe. She was also involved in the drafting of the United Nations Basic Principles on the use of Restorative Justice Programmes in Criminal Matters as well as in the issuing of the concomitant UN Handbook on Restorative justice programmes. of 2006. More recently she has been serving as one of the specialists working with the ‘Group of Specialists on Assistance to Victims and Prevention of Victimisation’ and as an expert for the ‘Group of Specialists on Non-Criminal-Justice Remedies for Crime Victims’ both within the Council of Europe. She is a founding member of the European Forum for Restorative Justice and the chair of its ‘Communication Committee’, participating in various GROTIUS, AGIS, and COST projects at EU-level.

Prof. John Winterdyk, Director Centre for Criminology and Justice Research, Department of Justice Studies, Mount Royal University Prof. Winterdyk is the Director, Centre for Criminology and Justice Research Department of Justice Studies at Mount Royal University in Calgary, Alberta, Canada. Dr. Winterdyk has been at MRU since 1988. He has an Honours B.A. (Psychology) from Wilfrid Laurier University and a Ph.D. (Criminology) from the School of Criminology at Simon Fraser University. His primary areas of interest include young offenders, criminological theory, research methodology, bio-social explanations of crime, and comparative criminology/criminal justice. John has published extensively in the areas of criminological theory, youth at risk, corrections, criminal justice related issues, and on a host of comparative themes. Some of his more recent works include: Border security in the Al-Qaeda era with K. Sundberg (Taylor and Frances, 2010), Racist victimization with G. Antonopoulos (Ashgate, 2009); A guided reader to research in comparative criminology/criminal justice with P. Reichel and H. Dammer ((Universitatsverlag Brockmeyer, 2009).

Prof. Nick Jones, Associate Professor, Department of Justice Studies Department of Justice Studies, University of Regina, Canada Dr. Nicholas (Nick) A. Jones is an Associate Professor and Coordinator of the Police Studies program in the Department of Justice Studies at the University of Regina. He earned a Master of Science in Criminal Justice Administration from San Jose State University in 1997, where he studied the legal issues surrounding licensed premises in Alberta.He then worked at the Alberta Seventh Step halfway house and the Calgary Young Offender Centre for a period of three years. He returned to the University of Calgary and completed his Doctorate in Sociology in 2006 for his work focussing on the judicial response to the Rwandan Genocide. He joined the Faculty of Arts at the University of Regina in 2006. He published “The Courts of Genocide: Politics and the Rule of Law in Rwanda and Arusha” with Routledge – Cavendish U.K. which was nominated for the Academy of Criminal Justice Sciences book of the year award in that same year. His research interests include genocide, restorative justice (theory, practice and evaluation), transitional justice, Aboriginal justice issues, policing, crime and deviance, criminological theory and the sociology of law.

Prof. Vaso Artinopoulou, Professor of Criminology, Panteion University of Social and Political Sciences, Greece Vasso Artinopoulou is a Professor of Criminology in Sociology Department of Panteion University of Social and Political Sciences in Athens. Since 2009 is Vice Rector of the University. She is also the Head of Central Scientific Prisons Council at the Greek Ministry of Justice.

Dr. Tunde Andrea Barabas, Head of Department, National Institute of Criminology, Hungary Dr. Andrea Tünde Barabás is a lawyer and a criminologist. She is the head of department at the National Institute of Criminology. She graduated in 1988 from Eötvös Loránd University’s (ELTE) Faculty of Law. In 1989, she won a scientific scholarship from the Hungarian Academy of Sciences (HAS) and started working at the Chair of Criminology of Eötvös Loránd University. In 1990, she pursued a year for postgraduate studies at the Criminal Law Department of the University of Fribourg with supporting of the Swiss Confederation Fellowship. She wrote her PhD thesis on the restriction of imprisonment and its alternatives. In 1995, she travelled to South Korea for a scientific study tour with the supporting of the Sasakawa Young Leaders Fellowship Fund. In 2005, she won the research fellowship of the Max Planck Institute in Freiburg. In 2008, she won the Hungarian Academy of Sciences’s Bolyai János research fellowship to study the possibilities of extending the application of mediation and of regulating mediation in prison. She is a founding member and the vice-chair of the Restorative Justice section of the Hungarian Society of Criminology. She teaches criminology at a number of universities in Hungary. Over the past few years, she has participated in a number of international research projects funded by the European Union, such as the Crime Prevention Carousel (CPC) research within the framework of the AGIS.

Rod Earle, Lecturer in Youth Justice Dept. of Health and Social Care, The Open University Rod Earle is a lecturer in the Dept. of Health and Social Care at the Open University. Rod worked throughout the late 1980s and the 1990s as a youth justice worker in the London Borough of Lambeth. While doing so he completed a Master’s degree in Criminology at Middlesex University Centre for Criminology. His dissertation considered the prospects for restorative justice in the youth justice system of England and Wales. In 2000, he joined the Public Policy Research Unit at Goldsmiths College to work on the National Evaluation of Introduction of Referral Orders into the youth justice system. Later, at the London School of Economics he worked with Professor Tim Newburn on an evaluation of the use of visual recordings of police suspect interviews and then secured a fixed term teaching contract at the University of Surrey Sociology Dept, teaching undergraduate and postgraduate criminology. In 2006 he started teaching with the Open University as an Associate Lecturer. He has taught criminology courses as a visiting lecturer at the LSE, City University and Westminster. Before joining the Open University full-time in 2008 he spent two years working with Dr Coretta Phillips (LSE) on an ethnographic research project examining men's ethnic and social identities in prison. He has published a number of journal articles and book chapters arising from this prison research and on youth justice.

Dr Alison Wakefield, Senior Lecturer, Director, Security Institute, Institute of Criminal Justice Studies, University of Portsmouth, UK Dr Alison Wakefield is an academic criminologist based at the Institute of Criminal Justice Studies (ICJS), University of Portsmouth, with research and teaching interests primarily in the areas of policing and security. Alison previously taught at the University of Leicester, City University London, and most recently the University of New South Wales, Sydney. Following a Ph.D at the University of Cambridge and before moving into academia, Alison worked for PricewaterhouseCoopers as a management consultant. Alison’s publications include Selling Security: The Private Policing of Public Space (Willan Publishing, 2003), which was shortlisted for the British Society of Criminology Book Prize 2003; The Sage Dictionary of Policing, edited with Jenny Fleming (Sage, 2009) and Ethical and Social Perspectives on Situational Crime Prevention, edited with Andrew von Hirsch and David Garland (Hart Publishing, 2000). Alison is currently working on a textbook for Sage titled Security and Crime, and undertaking research on corporate security. She also serves on the editorial boards of Security Journal and Police Practice and Research, and is a Director of the UK professional security association the Security Institute.

Dr. Mark Walters, Lecturer, Faculty of Law, University of Sussex, UK Mark is currently a lecturer in law at the University of Sussex where he teaches criminal law and criminology. Mark completed his DPhil in law (criminology) at the Centre for Criminology, University of Oxford in 2011. Mark also has an MSc in Criminology and Criminal Justice (Research Methods) from the University of Oxford (2008), an LLM specialising in criminal justice from the University of New South Wales, Sydney, Australia (2006), and an LLB (honours) from the University of Sussex (2002). Mark’s previous positions include: lecturer in law at the University of New South Wales, tutor in law at Oxford Brookes University, and tutor in criminal justice and penology at the University of Oxford. He has also previously published book chapters and refereed journal articles on hate crime law, hate crime causation, community policing, victim impact statements and anti-discrimination law.

Dr Colin Harvey is Professor of Human Rights Law and, since 1 August 2007, the Head of the Law School at Queen’s University Belfast. From 2005-2008 he was the Director of the Human Rights Centre at Queen’s and a Director of Research. From 2000-2004 he was Professor of Constitutional and Human Rights Law, School of Law, University of Leeds. He has been appointed to visiting professorships at the London School of Economics, University of Michigan, and Fordham University. Professor Harvey was appointed by the Minister for Employment and Learning (NI) to the Northern Ireland Higher Education Council from 2002-2006. He was appointed by the Secretary of State (NI) to the Northern Ireland Human Rights Commission in June 2005 and took up his position as a part-time Commissioner from 1 September 2005, he was re-appointed for a further three years in September 2008. He has recently been appointed by the Higher Education Funding Councils of the UK to be a member of the Research Excellence Framework 2014 Panel for Law. He has published extensively on human rights law and politics in academic and more popular formats (including national newspapers and magazines in Ireland and the UK). He is the General Editor of Human Rights Law in Perspective, published by Hart Publishing, Oxford (a new Series which he founded in 2001). He is on the editorial board of European Human Rights Law Review, Human Rights Law Review and the Northern Ireland Legal Quarterly and is the Case Editor for the International Journal of Refugee Law. He was Principal Investigator on a major research project 2008-2010 (£243,000) on “Budget Analysis and the Advancement of Socio-Economic Rights in Northern Ireland” (20008-2010), and has a record of securing funded research from the Nuffield Foundation and British Academy among others.

Prof. Gerry Johnstone, Professor of Law, University of Hull, Director, MA in Restorative Justice Research Director, University of Hull Law School Gerry Johnstone is Professor of Law at the University of Hull. He is the author of Restorative Justice: Ideas, Values, Debates, now in its second edition (Routledge, 2011), and co-editor (with Daniel Van Ness) of Handbook of Restorative Justice (Willan, 2007). He is the founding director of the University of Hull’s online MA in Restorative Justice. Johnstone is the Academic Lead of an ESRC funded Knowledge Transfer Partnership between the University of Hull and Hull City Council, which is developing a research tool that can be used to assess the ‘restorativeness’ of a practice or service. His latest book (co-authored with Tony Ward) is Law and Crime (Sage, 2010).

Prof. Pat Lauderdale, Faculty of Justice and Social Inquiry, Arizona State University, USA Pat Lauderdale is a Professor of Justice at Arizona State University, and currently a visiting scholar at Stanford University in Sociology and the Center for Comparative Studies in Race and Ethnicity. He continues to pursue a research agenda on politics, law, diversity, justice, and nature. He is author or coauthor of numerous books, including Lives in the Balance: Perspectives on Global Injustice and Inequality, Theory and Methodology of World Development, The Struggle for Control: A Study of Law, Disputes and Deviance, and Law and Society, Japanese translated version (Setsuo Miyazawa), and a third edition of A Political Analysis of Deviance.

Prof. Annamarie Oliverio, Adjunct Professor at Arizona State University, Founder and Director of the Social Research Institute (USA) Annamarie Oliverio is an Adjunct Professor at Arizona State University and the founder and director of the Social Research Institute (of Arizona). She conducts research on diversity, terrorism, politics and the state and has produced a series of related articles and books, including The State of Terror, and Terrorism: A New Testament. She was awarded a Fulbright Research Fellowship to explore diversity, violence and politics in Italy, and recently was invited to be a Fulbright Senior Specialist. Currently her work examines therapeutic and artistic processes of hegemony and the state.

Prof. Lode Walgrave, Professor of Criminology at Katholieke Universiteit Leuven, Belgium, and chair of the International Network for Research in Restorative Justice for Juveniles Lode Walgrave is Emeritus Professor in Criminology at the K.U.Leuven (Belgium), where he teaches Youth Criminology and Theoretical Criminology, and directed the Research Group on Youth Criminology, doing research on youth crime, prevention and youth justice. He was a member of the Research Council of the K.U.Leuven from 1996 till 2002. Lode Walgrave chaired the International Network for Research on Restorative Justice, bringing together most of the leading restorative justice scholars from all over the world, and of the International Association for Criminology of Youth. He was invited as a guest professor or a fellow for a longer period of time in Montreal, Canberra and Philadelphia. He has given key notes to conferences, guest lectures and conferences in almost all parts of the world, and in most European countries. Currently, his main field of research is restorative justice. He has conducted several empirical projects. The conferencing project with serious juvenile offending has grounded the legal introduction of restorative justice conferences in Belgian Youth Justice. His current theoretical work focuses on the social-ethical underpinnings of restorative justice, and its relation to the law. He published more than 300 titles in Dutch, which is his mother tongue, in English and in French. Translations are published in Chinese, German, Korean, Portuguese and Russian. He contributed chapters to most of the recent international readers on restorative justice. Titles that may be most relevant for this volume are (1999) Restorative Juvenile Justice. Repairing the Harm of Youth Crime (with Gordon Bazemore), (2004) 'Restoration in Youth Justice', in Youth Crime and Youth Justice. Comparative and Cross National Perspectives (edited by Michael Tonry & Anthony Doob), and (2008) Restorative Justice, Self-Interest and responsible Citizenship. In 2008, Lode Walgrave received the European Criminology Award.


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