NCJ Number
233853
Journal
International Criminal Justice Review Volume: 21 Issue: 1 Dated: March 2011 Pages: 39-66
Date Published
March 2011
Length
28 pages
Annotation
This paper provides a theoretically based comparison of sentencing circles practiced by the First Nations Peoples of Canada with the Gacaca courts in Rwanda.
Abstract
It presents a description of each justice-oriented model and compares them engaging a restorative justice theoretical framework. It employs McCold's typology and Zehr's continuum in determining the relative "restorativeness" of each model. It then compares the models by exploring some key theoretical elements posited in the puristmaximalist debate in restorative justice and Braithwaite's theory of responsive regulation. Using the comparisons this paper seeks to contribute to the puristmaximalist debate, providing insight into contentious concepts through their examination in two very different contextual settings. It is posited that Braithwaite's theory of responsive regulation provides a structure that addresses the concerns noted in the two models as well as provides for the pursuit of holistic restorative practices while accommodating other restorative processes. (Published Abstract)