Sentencing Circles in Canada and the Gacaca in Rwanda: A Comparative Analysis
This paper provides a theoretically based comparison of sentencing circles practiced by the First Nations Peoples of Canada with the Gacaca courts in Rwanda. It presents a description of each justice-oriented model and compares them engaging a restorative justice theoretical framework. It employs Mc...
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Online Access: | http://dx.doi.org/10.1177/1057567711399433 http://journals.sagepub.com/doi/pdf/10.1177/1057567711399433 |
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crsagepubl:10.1177/1057567711399433 2023-05-15T16:16:19+02:00 Sentencing Circles in Canada and the Gacaca in Rwanda: A Comparative Analysis Jones, Nicholas A. Nestor, Rob 2011 http://dx.doi.org/10.1177/1057567711399433 http://journals.sagepub.com/doi/pdf/10.1177/1057567711399433 en eng SAGE Publications http://journals.sagepub.com/page/policies/text-and-data-mining-license International Criminal Justice Review volume 21, issue 1, page 39-66 ISSN 1057-5677 1556-3855 Law journal-article 2011 crsagepubl https://doi.org/10.1177/1057567711399433 2022-04-14T04:41:03Z This paper provides a theoretically based comparison of sentencing circles practiced by the First Nations Peoples of Canada with the Gacaca courts in Rwanda. 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 purist—maximalist debate in restorative justice and Braithwaite’s theory of responsive regulation. Using the comparisons this paper seeks to contribute to the purist—maximalist 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. Article in Journal/Newspaper First Nations SAGE Publications (via Crossref) Canada International Criminal Justice Review 21 1 39 66 |
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Open Polar |
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SAGE Publications (via Crossref) |
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crsagepubl |
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English |
topic |
Law |
spellingShingle |
Law Jones, Nicholas A. Nestor, Rob Sentencing Circles in Canada and the Gacaca in Rwanda: A Comparative Analysis |
topic_facet |
Law |
description |
This paper provides a theoretically based comparison of sentencing circles practiced by the First Nations Peoples of Canada with the Gacaca courts in Rwanda. 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 purist—maximalist debate in restorative justice and Braithwaite’s theory of responsive regulation. Using the comparisons this paper seeks to contribute to the purist—maximalist 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. |
format |
Article in Journal/Newspaper |
author |
Jones, Nicholas A. Nestor, Rob |
author_facet |
Jones, Nicholas A. Nestor, Rob |
author_sort |
Jones, Nicholas A. |
title |
Sentencing Circles in Canada and the Gacaca in Rwanda: A Comparative Analysis |
title_short |
Sentencing Circles in Canada and the Gacaca in Rwanda: A Comparative Analysis |
title_full |
Sentencing Circles in Canada and the Gacaca in Rwanda: A Comparative Analysis |
title_fullStr |
Sentencing Circles in Canada and the Gacaca in Rwanda: A Comparative Analysis |
title_full_unstemmed |
Sentencing Circles in Canada and the Gacaca in Rwanda: A Comparative Analysis |
title_sort |
sentencing circles in canada and the gacaca in rwanda: a comparative analysis |
publisher |
SAGE Publications |
publishDate |
2011 |
url |
http://dx.doi.org/10.1177/1057567711399433 http://journals.sagepub.com/doi/pdf/10.1177/1057567711399433 |
geographic |
Canada |
geographic_facet |
Canada |
genre |
First Nations |
genre_facet |
First Nations |
op_source |
International Criminal Justice Review volume 21, issue 1, page 39-66 ISSN 1057-5677 1556-3855 |
op_rights |
http://journals.sagepub.com/page/policies/text-and-data-mining-license |
op_doi |
https://doi.org/10.1177/1057567711399433 |
container_title |
International Criminal Justice Review |
container_volume |
21 |
container_issue |
1 |
container_start_page |
39 |
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66 |
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1766002178530476032 |