Information on studies on the vision of restorative justice among faithful feminist women
Enviado por karinycruz • 16 de Mayo de 2014 • 1.808 Palabras (8 Páginas) • 396 Visitas
The feminist discussion.
Numerous feminist groups have opposed the justice restauradora8 considering that everything is a different violence treatment on the women from the rest of crimes can be counterproductive for women. It should be noted that many aprensiones that he causes the justice restorative collide with a great ignorance of it. As Curtis-Fawley/Daly (2005:618) shows in his empirical research about the vision of restorative justice among committed feminist women with organizations supporting battered women, as is the ignorance of the restorative justice major are criticisms and reservations that it raises.
In other discussions, the comparison is done between the worst-case scenario restorative justice and the best possible system scenario criminal. Ignoring that both systems, as it cannot be otherwise, they present some advantages and disadvantages, and both face serious limitations to ensure eradication of violence to women. And finally some authors confuse the goal of the various experiences of restorative justice. Well sometimes, product of a ignorance of the mediation, refers the victim of violence domestic 'has nothing to mediate '. This is identified to mediate, with yield or agree. But the victims of a robbery, a burglary, or a crime of traffic Neither transferred nor agreed, even though they medien (Morris-Geltshorpe, 2000:419).
Mediation is equivalent to dialogue with the person responsible for the infringement which must just accept the fact and the damage. On other occasions will critique the possibility of mediation in the offences of domestic violence thus means that the purpose of mediation is to save the institution of the family. One can question a mediation whose objective is to save the institution of the family, but admit an inspired restorative justice of
According to feminist principles.
Ignorance is perhaps mutual, because although many authors feminists object to the application of restorative justice to this type of crime, I think that in general terms they also reason Frederick-Lizdas (2003) When observed that proponents of restorative justice have not considered the variable of gender in all theoretical and practical development of This movement. However, the incorporation of many feminist scholars to the writings of restorative justice allows you to begin to alleviate this shortage.
Thus is He says that, from a feminist perspective, the restorative justice should be 7 evaluated for their ability to achieve the objectives developed by the feminist groups working on the eradication of violence on the women. That is, we must discuss whether restorative justice is ready provide protection to women, enhance their autonomy and promote changes in social norms (Frederick-Lizdas, 2003).
Because there are no yet, where I have knowledge, numerous empirical research on restorative justice and violence on the female partner will be difficult to discuss to what extent these targets. I shall explain why in the first place the theoretical debate and finally try to present the results of generic research on justice restorative, or about restorative justice and sexual violence.
II.1. the objeciones9
Numerous feminist groups opposed to restorative justice allege that lead women to such alternative proposals is a form of degrading the seriousness of the fact. Thus the restorative justice is seen a new attempt to derive crimes of violence domestic courts Special, which deal with the less serious cases, 10 or as a attempt to minimize his criminal character deriving cases of violence domestic outside the criminal justice system.
Sometimes those who defend this argument also are in any other than the prison sentence against (such as the) treatment), since in his opinion it also degrades the gravity of the problem. Its position in latest is understand that the only valid answer to the domestic violence is the prison. And its limitation is to understand that the only social environment that we have to show the severity of behavior It is imprisonment. The only sensible answer that can be given to this objection is to reiterate that even when criminal law is today the most powerful medium to show This social disapproval is not limited to the term of imprisonment. The fact of being arrested, brought before a judge, issued measures precautionary, imposed a condemned, even if it is 'only' work to benefit the community or 'only' assistance to a program of treatment, with the threat of prison if they breach, additional accessory punishment involving restriction of the freedom of movement, and history, constitute adequate answers and provided to numerous cases of domestic violence.
On the other hand, the reproach that restorative justice 'degrades' the importance of this type of crime as an answer too benign, has much to do, I think, with the way how it conceives the relationship of restorative justice with the criminal justice system. I think it captures well the
Hudson (2002:626-629) dilemma when says that if restorative justice is understood exclusively as a form of fun (bypass outside the) criminal justice system) then in effect the criticism is founded.
What this author raises, and I think that it corresponds to the opinion majority of feminist women defenders of restorative justice, it is that is not should be evaluated for its ability to avoid a criminal trial but because you can achieve the objectives of the criminal justice system in a way more effective. As Daly (2002:69) says: Empirically observed when one family conferences given account which people orients itself in a flexible way by various objectives: first the remuneration; then the restoration (or repair); and Finally the rehabilitation (or reintegration).
Which
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