Participatory justice
Encyclopedia
Participatory justice is the use of alternative dispute resolution
, such as mediation
, conciliation
, and arbitration
, in criminal justice
systems, instead of, or before, going to court. It is sometimes called "community dispute resolution".
In rare cases, it also refers to the use of The Internet or a television
reality show to catch a perpetrator.
Once used primarily in Scandinavia
, Asia
, and Africa
, participatory justice has been "exported" to the United States
and Canada
. It is used in a variety of cases, including between "Landlord
s and Tenants, Neighbors, Parents and Children, Families and Schools, Consumers and Merchants ... [and] victims of crime
and offenders."
It has been called "the ethical seal of a democratic society" by Jesuit
Friedhelm Hengsbach
, and "the politics of the future." It is about "People and Relationships."
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
, such as mediation
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
, conciliation
Conciliation
Conciliation is an alternative dispute resolution process whereby the parties to a dispute agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences...
, and arbitration
Arbitration
Arbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
, in criminal justice
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
systems, instead of, or before, going to court. It is sometimes called "community dispute resolution".
In rare cases, it also refers to the use of The Internet or a television
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
reality show to catch a perpetrator.
Once used primarily in Scandinavia
Scandinavia
Scandinavia is a cultural, historical and ethno-linguistic region in northern Europe that includes the three kingdoms of Denmark, Norway and Sweden, characterized by their common ethno-cultural heritage and language. Modern Norway and Sweden proper are situated on the Scandinavian Peninsula,...
, Asia
Asia
Asia is the world's largest and most populous continent, located primarily in the eastern and northern hemispheres. It covers 8.7% of the Earth's total surface area and with approximately 3.879 billion people, it hosts 60% of the world's current human population...
, and Africa
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
, participatory justice has been "exported" to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. It is used in a variety of cases, including between "Landlord
Landlord
A landlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner...
s and Tenants, Neighbors, Parents and Children, Families and Schools, Consumers and Merchants ... [and] victims of crime
Victimology
Victimology is the scientific study of victimization, including the relationships between victims and offenders, the interactions between victims and the criminal justice system — that is, the police and courts, and corrections officials — and the connections between victims and other social groups...
and offenders."
It has been called "the ethical seal of a democratic society" by Jesuit
Society of Jesus
The Society of Jesus is a Catholic male religious order that follows the teachings of the Catholic Church. The members are called Jesuits, and are also known colloquially as "God's Army" and as "The Company," these being references to founder Ignatius of Loyola's military background and a...
Friedhelm Hengsbach
Friedhelm Hengsbach
Friedhelm Hengsbach is a professor emeritus for Christian social ethics. He was also director of the Oswald von Nell-Breuning Institute for Economic and Social Ethical Studies of the Jesuit Sankt Georgen Graduate School of Philosophy and Theology in Frankfurt....
, and "the politics of the future." It is about "People and Relationships."
Advantages
Some advantages of participatory justice are:- It marks a society as ethicalEthicsEthics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
. - It can be used to "right" wrongs.
- It is an alternative to the lack of "public confidence and participant satisfaction in the adversarial justice system", which has led to "inconsistency and uncertainty, delay and alienation of the community" ....
- It is an alternative to "plea bargaining or dispositional justice"....
- It can "preserve good relations, particularly if the dispute involves neighbours or business contacts."
- It is "confidential, unlike court proceeedings."
- It applies civil lawCivil law (common law)Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
rather than criminal lawCriminal lawCriminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
. - It is useful where "societies that lack a strong central power, where the State is a weak one, or where the State representatives are far away, people are forced not to apply force."
- It focuses on personal relationships.
- NGOs (Non-governmental organizationNon-governmental organizationA non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
s) may get involved in the administration of criminal justice. - It costs less than civil litigation.
Disadvantages
Some disadvantages of participatory justice are:- The motive is often "humiliation" of a party.
- It is used by people who are not trained in the collection of evidence.
- There are no "checks and balances" for vigilanteVigilanteA vigilante is a private individual who legally or illegally punishes an alleged lawbreaker, or participates in a group which metes out extralegal punishment to an alleged lawbreaker....
s.
See also
- Citizens' juryCitizens' juryA Citizens' Jury is a mechanism of participatory action research that draws on the symbolism, and some of the practices, of a legal trial by jury. It generally includes three main elements:...
- Community x-changeCommunity x-changeCommunity x-change is an informal label for a variety of participatory action research practices that promote alternative principles of participation from those that currently dominate...
- Internet 2.0
- Participatory democracyParticipatory democracyParticipatory Democracy, also known as Deliberative Democracy, Direct Democracy and Real Democracy , is a process where political decisions are made directly by regular people...
- Participatory economicsParticipatory economicsParticipatory economics, often abbreviated parecon, is an economic system proposed primarily by activist and political theorist Michael Albert and radical economist Robin Hahnel, among others. It uses participatory decision making as an economic mechanism to guide the production, consumption and...
- Public engagementPublic engagementPublic engagement is a term that has recently been used, particularly in the UK, to describe "the involvement of specialists listening to, developing their understanding of, and interacting with, non-specialists" .-Origins:The tradition of a decision-making body getting inputs from those with less...
- VictimologyVictimologyVictimology is the scientific study of victimization, including the relationships between victims and offenders, the interactions between victims and the criminal justice system — that is, the police and courts, and corrections officials — and the connections between victims and other social groups...