When should law forgive
Please answer the following question using the following readings
Note: Please cite relevant readings and pages numbers used
MUST USE: references and readings to use to answer the questions:
– When should law forgive?: Minow, Marthain When should law forgive? by Minow, Martha,First edition.New York, NY :W W Norton & Company[2019]1 – 34
– The Essential Criminology Reader, ‘Reintegrative Shaming’: Braithwaite, John ; Braithwaite, Valerie ; Ahmed, Elizain The Essential Criminology Readerby Braithwaite, John ; Braithwaite, Valerie ; Ahmed, Elizaedited by Henry, Stuart ; Lanier, Mark M2Routledge2006286 – 296
Other relevant readings:
– Law Institute journal : the official organ of the Law Institute of Victoria: Restorative justice in the Children’s Court: Francis ZemljakLaw Institute journal : the official organ of the Law Institute of Victoria91(4)201724 – 25
– Indigenous Participation in Sentencing Young Offenders: Findings from an Evaluation of the Children’s Koori Court of Victoria: Borowski, AllanAustralian & New Zealand Journal of Criminology43(3)2010-12465 – 484
– Judging Addicts : Drug Courts and Coercion in the Justice System, “The Right Thing to Do for the Right Reasons” : The Institutional Context for the Emergence of Drug Courts: Tiger, Rebeccain Judging Addicts : Drug Courts and Coercion in the Justice System by Tiger, RebeccaNew YorkNew York University Press201358 – 72
QUESTION: Martha Minow notes that religious leaders and psychologists acknowledge that forgiveness is “a force for good”, but still, it remains “complicated” to incorporate forgiveness into justice and law (2019, p. 34). What role does forgiveness play in restorative justice? Illustrate your answer by referring to one example of a restorative justice process explored in this unit.
[For the purposes of this question, you may consider “a restorative justice process” to include examples of restorative justice processes, reintegrative shaming processes, responsive regulation processes, and/or transitional justice processes studied in this unit. For example, the Children’s Court, the Drug Court, Koori Courts, the South African TRC, Domestic Violence RJ mediations, RJ used in the Land and Environment Court, and so on].
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