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Most Western countries address violence against LGBTQ individuals through a hate crime paradigm rooted in retributive justice, which emphasizes punishing the offender. In contrast, restorative justice offers an alternative approach focused on repairing the harm caused. This article analyses the experiences and perspectives of individuals who have suffered LGBTQphobic violence in Spain, particularly in relation to the hate crime paradigm and restorative justice. First, it examines their views on the institutional framework addressing hate crimes and the effectiveness of punitive measures in restoring the harm done to victims. Next, it assesses the awareness among LGBTQ individuals regarding restorative justice, as well as their opinions on the potential benefits and limitations of this judicial alternative. The analysis reveals that, while many respondents believe restorative justice can contribute to fully redressing the harm caused, others fear revictimization by having to confront the offender and relive the traumatic events. [ABSTRACT FROM AUTHOR]

Restorative justice (RJ) represents a humanistic approach to addressing the harm caused by juvenile and adult offenders. RJ practices have been shown to reduce recidivism and enhance the holistic wellness of victims and offenders. The authors make recommendations for incorporating RJ into counselor training, identity development, and counseling practices. [ABSTRACT FROM AUTHOR]

The present study investigated how young children understand the sophisticated concept of restorative justice in unintentional moral transgressions. A sex-balanced sample of 5-year-old (M = 5.67, SD = 0.34, 49.3% girls) and 8-year-old (M = 7.86, SD = 0.29, 46.0% girls) Chinese children (N = 193) participated in the study. In designing the materials, we distilled the multidimensional meanings of restorative justice into two stories, one addressing the theme of property violation and the other physical harm; both stories were set in an animal community. We then engaged the children in joint reading and an interview, during which they showed preference for the given treatments for the transgressor (two restorative treatments vs. two retributive treatments) and ranked two further sets of restorative vs. retributive treatments at the community level. The results indicated that most children favored restorative treatments over retributive treatments for a transgressor, and the 8-year-olds viewed psychological restoration more favorably and behavioral punishment less favorably than the 5-year-olds. The children also tended to endorse restorative treatments at the community level, revealing an understanding of the needs, and obligations of all parties concerned. Notably, more 8-than 5-year-olds showed a consistency in restorative orientation at this level. Interpreting our data through the lens of the Representational Redescriptionmodel, we attained amore refined account of young children's levels of understanding regarding restorative justice. These results provide insights for the early cultivation of restorative justice among young children, which is a cornerstone for its successful practice in any society. [ABSTRACT FROM AUTHOR]

The promotion of the restorative justice (RJ) concept has brought significant changes to China's environmental criminal justice system. However, the lack of empirical study makes it hard to support the existing normative arguments and jurisprudential analysis of environmental RJ practices in China. This study aims to investigate the evolutionary mechanisms of the RJ application in environmental crimes. To achieve this goal, a tripartite evolutionary game model comprising the judiciary, the offenders, and the victims, is established based on evolutionary game theory (EGT). Simulations based on 2022 China's environmental criminal justice data indicate that top-down environmental RJ reforms will face resistance due to insufficient public participation. To reverse this situation, we merge sensitivity analyses of model parameters with critical examinations of classical RJ theories. By analyzing the current status and future scenarios of RJ in China's environmental criminal justice, we suggest that: (1) Maintaining moderate penal intensity is the evolution-stable condition for the offenders to develop an intrinsic legal motivation to repair the environment. (2) To ensure both efficiency and fairness, the use of RJ should be determined based on the statutory length of sentences for environmental offenses. (3) Support for victims should be strengthened to increase their benefits from environmental RJ and reduce their legal costs. This paper is innovative in quantitatively evaluating the evolutionary mechanisms of the RJ application by using EGT, which adds to the body of knowledge on RJ conducted by qualitative research. The findings based on EGT can provide an answer to the persistent debate about the relationship between RJ and traditional justice (TJ). While the argument for replacing TJ with RJ may seem attractive, it is not feasible. Considering cost-benefit limitations, incorporating RJ into TJ could achieve positive outcomes in environmental crime. [ABSTRACT FROM AUTHOR]

There are an increasing number of cyber-vigilante groups in the United Kingdom who use the Internet as a tool for regulation and retributive justice. The policing of child sexual predators by citizen groups outside of law enforcement, commonly termed 'paedophile hunters', has evoked a range of responses among media commentators and the general public. This article explores public perceptions of vigilante justice in the United Kingdom via an online survey to assess the extent to which they are considered retributive. It focusses on the moral justice imposed by such groups and interrogates the relationship between retribution and doxing (the 'naming and shaming' tactics which are commonly actioned by paedophile hunting groups). The findings highlight three dominant responses to cyber-vigilantism: (1) public support for cyber-vigilantism; (2) doxing as a human rights issue; and (3) a lack of faith in the criminal justice system. This article is consequently concerned with the merits and drawbacks of retributive justice when led at a community level and critically examines perceptions of this form of citizen-policing. [ABSTRACT FROM AUTHOR]

In the present research, we examine the effect of dehumanizing framing of ex-perpetrators of violence on participants' attributions of their agency, punishment deservingness, and suitableness for resocialization in postconflict. For this purpose, we collected data in the aftermath of a peace agreement between the government and the Revolutionary Armed Forces of Colombia (FARC) guerrilla in Colombia. In two studies, using within- (Study 1) and between- (Study 2) subjects experimental designs (N = 223), participants read manipulated news articles describing the capture of a fictional FARC guerrilla member. They were exposed (Study 1) and randomly assigned (Study 2) to a "humanizing frame" condition, where the ex-perpetrator was described emphasizing human traits (e.g., his identity, affective and mental states) and to a "dehumanizing frame" condition, where these traits were omitted, and the ex-perpetrator was generically nominated with terms such as terrorist or bandit. Across conditions, we measured participants' attributions of perpetrators' human agency, blame, punishment deservingness, as well as participants' resocialization expectations, and social distance toward the character. Results indicate that compared to the humanizing frame condition, in the dehumanizing frame condition, participants significantly attribute less agency to the perpetrator, endorse more severe retributive judgments, show more negative attitudes toward his resocialization, and express greater social distance. We discuss the implications of these findings for the disarmament, demobilization, and reintegration process of ex-perpetrators in postconflict societies. Public Significance Statement: The present research suggests that when ex-perpetrators of violence in a postconflict setting are depicted in the news media using dehumanizing language, people attribute them with less human agency, more severe punishments, and perceive them as more socially distant and less suitable for resocialization. These results highlight the subtle ways in which the use of language in the media can affect forgiveness and reconciliation after a peace agreement. [ABSTRACT FROM AUTHOR]

This article asks how military ethics should respond to adversaries deliberately conducting hostilities below the threshold of war. Three options are considered: a novel, limited force paradigm; an expanded hostilities paradigm, i.e., within the law of armed conflict; and an international law enforcement paradigm derived primarily from human rights law. None is problem-free. Mindful of under-deployed classic just war reasoning arguments for discrimination between vices opposed to peace, this article argues against an expanded hostilities paradigm and shows that the retributive, 'equilibrium of justice' test used sometimes to support such an expansion is necessary but not sufficient. It explains the need for further examination of whether/how Aquinas and his interpreters can/should conceive of actions under the paradigm of war occurring against non-state actors. [ABSTRACT FROM AUTHOR]

How do domestic trials addressing wartime violence affect public opinion of government? The legitimation functions of national courts are well studied in liberal democracies, but less is known about the effects of trials that address abuses committed during large-scale conflict. This article investigates how the extent to which such trials achieve procedural justice (fairness in process) and retributive justice (allocation of punishment) affects perceptions of political legitimacy. I provide survey-experimental evidence from post-conflict El Salvador that leverages the repeal of a longstanding amnesty law. Although a trial in general improves citizen evaluations of state competence, fairness and punishment serve crucial – and distinct – legitimation functions. Procedural fairness significantly increased citizens' willingness to comply with state authorities, regardless of trial outcome. Yet, an un fair trial, when coupled with punishment, bolstered trust in politicians and the judiciary. This suggests a trade-off between public preferences for fairness and an 'iron fist' approach to violence. The findings reveal the limits of procedural justice in a post-conflict environment and furnish new insights on the multifaceted functions of human rights trials. [ABSTRACT FROM AUTHOR]

The purpose of this research was to critically analyze the Chilean prison system in order to propose a reflexive response through a social justice approach. By virtue of the above, it was found that the penitentiary system in Chile is insufficient to qualify as fair, since the shortcomings derived from the prevailing notion of retributive justice fail to address the problem in its full context. However, a social justice approach would allow for mitigating the negative retributive effects of the system, contributing to the correct distribution of resources, and ensuring recognition and participation for the common good of the prison community. This research is divided into three sections: the first deals with the deficiencies of the penitentiary system in the light of a justice approach; the second deals with the conception of social justice, developing its foundations and applicable dimensions; and the third deals with the incorporation of social justice in the chilean penitentiary system. Finally, as for the methodology used, the documentary type was applied with a legal dogmatic method. [ABSTRACT FROM AUTHOR]

The article explores the relationship between justice and moral accountability in criminal law. It argues that the current punitive approach in the United States fails to consider ethical factors that mitigate individual accountability for criminal wrongdoing. The article suggests a restorative practice of accountability that could alleviate tensions between the political and moral aspects of criminal law. It also discusses the role of punishment in upholding rights-protecting rules and emphasizes the importance of considering the impact of social and natural contingencies on criminal behavior. The article concludes by advocating for a reorganization of the practice of punishment to promote social reintegration and democratic equality. [Extracted from the article]

Objectives: The current paper investigates the black sheep effect by testing how crime severity and shared identity with an offender affect retributive and restorative responses (study 1), and whether this relationship is mediated by emotion (study 2). Methods: Across two studies, we employed a 2 (crime severity) × 2 (shared identity) between-subjects factorial design. Study 2 served as a conceptual replication of study 1 and included emotions as mediators between our manipulations and justice responses. The studies were fielded to both undergraduate students and CloudResearch participants. Results: The black sheep effect was not supported in either study. Instead, severe crimes alone resulted in more retributive responses and this relationship was mediated by empathic anger. Conclusions: The results lend support to the notion that a violation of expected norms elicits a greater desire for just deserts. This finding was consistent and occurred regardless of shared values or interests with an offender. [ABSTRACT FROM AUTHOR]

This article refers to the factors that influence criminal repetition and recidivism in adolescents within the Colombian Criminal Responsibility System (SRPA, by its initials in Spanish). Its objective is to determine why the concept of criminal repetition in adolescents has to be assumed, instead of the classic conception of recidivism, in an adolescent penal system that is essentially restorative justice. It proposes the novel theory that reiteration cannot be considered a circumstance outside the SRPA. It highlights that knowing about the commission of perpetrated conduct or some degree of participation as author or participant, by the adolescent prior to the commission of a new criminal conduct, serves the purpose of the function of the sanction in the adolescent criminal process. Adding that, once the criminal repetition is known, the possibility of promoting the resocialising educational process by the entities responsible for the treatment of adolescents in conflict with the criminal law is expanded. Concluding that it is valid and necessary to take into account the repetition in criminal matters applied to adolescents that serves for graduation and to indicate the type of sanction to be imposed and avoiding the use of the concept of recidivism which is typical of retributive justice. [ABSTRACT FROM AUTHOR]

This study investigated Colombian adolescents' evaluations and expectations about different solutions to seeking justice in the aftermath of group-based harms and how their judgments of solutions were associated with self-reported levels of trust. In individual interviews, 74 adolescents (Mage = 16.48 years; 36 girls, 38 boys) in Bogotá, Colombia, were presented with scenarios depicting two forms of group harm (involving damage to infrastructure and loss of life) based on events relevant to the Colombian armed conflict. For each scenario, adolescents rated the desirability and likelihood of five solutions (apologies, compensation by the Fuerzas Armadas Revolucionarias de Colombia (FARC), compensation by the government, punishment, and a combination of compensation and punishment). Participants also completed a questionnaire assessing their general levels of trust. Compensation by the FARC and the government were more strongly endorsed in the context of damage to infrastructure, whereas punishment was endorsed more in response to loss of life. Youth also expected compensation by the FARC to be more likely to occur for damage to infrastructure, while they believed punishment was more likely for loss of life. Higher levels of trust were associated with support for restorative solutions, particularly in response to loss of life. Youths' open-ended justifications for their evaluations of different solutions to address the harms reflected varied concerns, including their perceptions of how to meet the needs of victims and communities, ensure accountability for the harms committed, and achieve revenge. Public Significance Statement: In this study, we examined how urban Colombian adolescents reasoned about different solutions to address harms committed within the context of an enduring armed conflict. Youths' responses varied based on the type of harm, such that punitive solutions were more favored for loss of life. Our findings also uncovered beliefs and concerns that guided youths' reasoning, such as their beliefs about the trustworthiness of individuals and their social environment, as well as their restorative and retributive concerns. [ABSTRACT FROM AUTHOR]

Popular debates about criminal justice reform often pose restorative justice as a humane (if utopian) alternative to retributive justice. Drawing on fieldwork with Jordan's Bedouin, I offer an unvarnished account of a longstanding and still‐vibrant tradition of restorative justice that also includes violent and punitive elements. While acknowledging how Bedouin justice can fail women, the poor and the poorly connected, I highlight how Bedouin justice also cultivates mercy as a social good, transforming enmity into forgiveness (if not friendship) and encouraging perpetrators to materially compensate victims. I conclude by considering how contemporary Jordanian practices of mercy might inform efforts to escape from the seeming inevitability of mass incarceration in modern society. [ABSTRACT FROM AUTHOR]

This Note assesses whether the provisions in the Gauvain Bill Proposal could be a solution to two issues related to interviewee rights plaguing the United States' current anti-corruption framework--namely "watered-down Upjohn warnings" and the Connolly case's concern of "outsourcing" governmentcompelled testimony. The United States has been a leader in anti-corruption efforts due to its reliance on negotiated settlements, a framework in which internal investigations are key tools. This Note will first explain France's historical lag in the fight against corruption, as well as the pressures that pushed it to adopt a U.S.-style approach. Next, it will outline the two issues mentioned above which are present in the United States and explain the relevance of enhanced interviewee rights within anti-corruption efforts. Finally, it will consider Article 7 of the Gauvain Bill Proposal, finding that while it bolsters interviewee rights by essentially codifying a clear Upjohn warning standard and reducing conflicts of interest, it is only a partial solution to combat corruption. The Gauvain Bill Proposal establishes a number of rights for interviewees; however, these only apply to internal investigations which occur simultaneously with criminal investigations. Additionally, while the proposed bill would create an independent ad hoc committee designed to lead the internal investigation on behalf of the corporation and diminish any potential conflicts of interest should corporate executives be incriminated, it remains unclear whether this would in fact clarify the scope of representation for interviewees. Finally, the Gauvain proposals codify a right to silence which at first glance would seem to address Connolly issues. Paired with the need for close government cooperation, the proposal's failure to create guarantees against retaliation and the inference of guilt contribute to the likelihood of governmentcompelled testimony. [ABSTRACT FROM AUTHOR]

Within psychology and criminology research, violence between partners has often been approached from the perspective of victimization and the risk of recidivism. Many countries confirmed the societal nature of domestic violence while calling for a retributive justice model. However, the effectiveness of this type of policy has been challenged by research that has highlighted the limited effectiveness of punishment. Identifying the desistance process, which is still in development, is paramount, especially in intimate partner violence. This qualitative study analyse the process of ending the violence at work of 13 male perpetrators of partner violence. Through semi-structured interviews and a "life course" perspective, including a qualitative life history timeline, a thematic analysis of the discourses allowed the creation of an eight-step exit process model: (1) history of violence and development of relational scripts; (2) divergent expectations between partners; (3) understanding the violent event; (4) the attribution of responsibility; (5) the escalation of violence; (6) reassessment of oneself and the couple; (7) intrasubjective changes; (8) the development of strategies to end the violence. Moreover, the results showed two types of desistance processes anchored in life histories. We will discuss the modeling of exit processes from partner violence and, particularly, its implications for intervention with perpetrators. Thus, in order to promote the rehabilitation of perpetrators of violence between partners, stakeholders in the legal and therapeutic fields must be able to support the processes of desistance by adjusting intervention strategies based on the dynamics of violence and the exit trajectories from intimate partner violence. [ABSTRACT FROM AUTHOR]

Adverse impact results from company hiring practices that negatively affect protected classes. It is typically determined on the basis of the 4/5ths Rule (which is violated when the minority selection rate is less than 4/5ths of the majority selection rate) or a chi-square test of statistical independence (which is violated when group membership is associated with hiring decisions). Typically, both analyses are conducted within the traditional frequentist paradigm, involving null hypothesis significance testing (NHST), but we propose that the less-often-used Bayesian paradigm more clearly communicates evidence supporting adverse impact findings, or the lack thereof. In this study, participants read vignettes with statistical evidence (frequentist or Bayesian) supporting the presence or absence of adverse impact at a hypothetical company; then they rated the vignettes on their interpretability (i.e., clarity) and retributive justice (i.e., deserved penalty). A Bayesian analysis of our study results finds moderate evidence in support of no mean difference in either interpretability or retributive justice, across three out of the four vignettes. The one exception was strong evidence supporting the frequentist vignette indicating no adverse impact being viewed as more interpretable than the equivalent Bayesian vignette. Broad implications for using Bayesian analyses to communicate adverse impact results are discussed. [ABSTRACT FROM AUTHOR]

Robust retaliation protections are an essential component of any effective enforcement regime. Recognizing this, Congress has included a provision prohibiting retaliation in nearly every workplace statute passed in the past century. In statutes more than a century old, like the Civil Rights Act of 1866, where Congress neglected to include an explicit anti-retaliation provision in the statutory language, the Supreme Court has found an implied proscription against retributory behavior. Anti-retaliation protections are undoubtedly integral to effective enforcement. However, they have an equally important counterpart that is often overlooked in compliance discussions--interference protections. Several workplace statutes contain interference provisions--statutory language that makes it unlawful for employers to interfere with the substantive rights created by the statute. However, interference clauses are much less common than retaliation clauses. Compared to retaliation clauses, interference clauses appear to be a stronger mechanism for enforcing the regulatory scheme Congress has created for labor and employment laws. They enjoy broader judicial interpretation and have an analytical framework that makes it easier for employees to successfully prove employer misconduct given the information asymmetries that exist between companies and their employees. This Article explores the origins of interference theory and investigates the presence of interference clauses in some statutes and their absence in others. It argues that, like they have interpreted retaliation proscriptions, the courts should interpret workplace statutes as containing implied interference prohibitions, as protections against interference with workplace rights is an essential component of compliance with any regulatory intervention. The Article further argues that Congress can broaden protections for employees, strengthen enforcement, and better support the goal of the statutory regimes by expressly including interference clauses in all workplace statutes. [ABSTRACT FROM AUTHOR]

From the structure of the book to its enigmatic law codes, Leviticus poses a number of interpretive questions for readers. This article aims to tackle a variety of these questions raised by the blasphemer narrative. I will consider especially the relationship between the nature of the crime committed and the legal decision that follows. I further intend to show how the internal concerns of this pericope cohere with the concerns of the H redactor and the passage's immediate context between chapters 23 and 25. While no doubt a difficult task, coming to an understanding of the blasphemer narrative is vital for grasping the structure and argument of Leviticus. Furthermore, this narrative raises obvious questions concerning the justice of God. Does the punishment of the blasphemer fit the crime? Does this sentencing fit with general notions of justice in the ancient world, or even with the God of Israel's own legal standards? [ABSTRACT FROM AUTHOR]

The given text provides a comprehensive summary of various legislative updates related to alternative dispute resolution (ADR) in different states. It covers a wide range of topics, including foreclosure mediation programs, teacher certification reciprocity, victim-offender mediation, mediation in landlord-tenant disputes, and dispute resolution in public schools for students with disabilities. The text highlights the goals and implications of each bill, as well as the potential benefits and challenges associated with implementing these programs. [Extracted from the article]

Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de la Facultad de Derecho y Ciencias Políticas is the property of Revista Faculdad de Derecho y Ciencias Politicas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article examines developments in mediator liability in case law, codes of conduct and custom. Topics discussed include duty of mediators to respect confidentiality, disclose conflicts of interest and report sexual abuse of children, coercive mediation to settle disputes, coercion rooted in racism, disputant incapacity due to duress, racial discrimination and retaliation, numerical mistakes in settlement agreements such as estate entitlement, incorrect advice by mediators and mediator bias.

This article concerns the problem of eternal hell in Islam as an aporetic problem of evil with a focus on Aijaz's description of the Islamic soteriology. I contest his description of Islamic culpability and his claim that all non-Muslims are regarded as kâfir and consigned to eternal hell. First, I aim to illustrate the pitfalls in his line of argumentation such as crude generalizations and selective reading of the Islamic sources, which seem to render his argument a strawman fallacy. I offer a more accurate analysis of the Islamic view, by arguing that only a limited group of people who fight against truth through evil actions are considered as kâfir. Second, building on my analysis of the notion of kâfir , I address the question whether God's perfect love and wisdom are compatible with limited salvific exclusivism. Thus, I aim to elaborate on the rationale behind the prescription of eternal punishment for the kâfir in the Quran in the rest of the article, by arguing that the kâfir is incapable of genuine repentance due to his character formed by his free choices. This, in turn, makes it impossible to achieve retributive justice through a finite punishment concerning the kâfir 's evil actions. [ABSTRACT FROM AUTHOR]

In recent years, the Securities and Exchange Commission ("SEC") has aggressively enforced the Foreign Corrupt Practices Act ("FCPA"), which prohibits bribing foreign officials for business purposes. In doing so, it has relied heavily on tips from its increasingly popular whistleblower program, including ones received from scores of foreign countries. However, foreign whistleblowers enjoy unequal protections vis-à-vis their U.S. counterparts. For instance, foreign whistleblowers are not protected against retaliation for lawfully reporting information to the SEC. Worse still, some foreign whistleblowers are less protected than others due to inadequate protections in their domestic systems, and some face especially great risks for exposing corrupt officials. This Note argues that Congress should provide additional protections to foreign whistleblowers who report FCPA violations and are at greater risk of retaliation. This Note is the first to argue for immigration incentives and outlines two potential solutions: creating a new "W" visa or amending the existing S-5 "informant" visa. [ABSTRACT FROM AUTHOR]

• Punishment may increase human performance and decrease error. • Feedback positively affects human performance and error. • An absence of these stimuli may decrease performance. Introduction: Understanding the consequences of non-punitive sanctions and feedback for nonintentional deviations (i.e., errors) is important to effective safety policy. This study aims to address a lack of research on the effects of punishment and feedback on correcting erroneous behavior in the context of multitasking. Method: A Multi-Attribute Task Battery (MATB-II) was employed to simulate the demands of aviating, an important area of applied safety. Sixty participants were randomly assigned to one of four experimental groups (no intervention, punishment, feedback, punishment + feedback) and asked to perform the MATB-II. Punishment, feedback, and punishment + feedback decreased error and increased performance, with punishment alone having the greatest effect. Results: The results highlight the need for behavioral consequences or feedback to reduce erroneous behavior. Practical Applications: From an applied perspective, these results have implications for policy and training. [ABSTRACT FROM AUTHOR]

Four experiments used trust games to investigate schadenfreude's effects on attitudes and behavior towards third parties who punish prior violations of participants' trust. Across all studies, schadenfreude was stronger when trust violators received negative rather than positive outcomes, and participants' perceptions that the violator deserved punishment positively predicted levels of schadenfreude. Further, participants had less favorable attitudes towards third parties who delivered more negative outcomes (Experiment 1), but attitudes and behavior were relatively more favorable when these negative outcomes were inflicted on trust violators (Experiment 2). Participants also had more favorable attitudes and behavior towards third parties who delivered punitive outcomes which did not themselves involve trust violations. Further, results were consistent with a statistical model where just world beliefs, deservingness, and schadenfreude serially mediated the effect of punishment on attitudes towards third-party punishers (Experiment 3). These results were replicated in the pre-registered Experiment 4 using a larger sample and more focused measures. Taken together, our findings are consistent with the view that schadenfreude following trust violations serves the social function of aligning relations with agents who administer retributive justice. [ABSTRACT FROM AUTHOR]

The victims of anti-LGBT hate crimes may have particularly negative experiences which affect their mental health and wellbeing. These incidents affect the victims’ self-esteem, dignity and identity, and they also affect indirect victims in similar ways. As opposed to retributive justice, restorative justice may offer a more satisfactory justice experience for those affected, by addressing the harm caused to them. This is due to the fact that restorative processes require flexibility, adequacy and tailor-made design. Drawing on findings from a multi-site qualitative study conducted in six European countries, this article discusses the perceptions and experiences of key professionals regarding the potential of restorative justice to provide for victims of anti-LGBT hate crimes, particularly in relation to repairing the individual and collective harm caused by such crimes. [ABSTRACT FROM AUTHOR]

In Mexico, violence and insecurity have been established as two social problems that concern and affect the daily life of society. In view of this situation, the current Mexican government has proposed that the country undergo a process of pacification. The purpose of this study was to gain insight into the understanding and disposition that victims of violence have regarding forgiveness, reconciliation, and justice. A sample of 42 individuals from the states of Sinaloa and Coahuila with a mean age of 34.67 years (SD= 11.58) participated in this research. The results of this study indicated that participants presented an ambiguous discourse on forgiveness and reconciliation, which was mediated by justice. Although there may be a certain willingness to forgive and reconcile, the latter should be accompanied by a process of retributive justice in which the aggressor is punished for the offense committed. In sum, it is also important to emphasize that the participants understand forgiveness and reconciliation as two different processes. However, they also point out that it is necessary for both to be present in order to think about initiating a process of pacification and reconstruction of the social fabric. [ABSTRACT FROM AUTHOR]

The phenomenon of brands making sarcastic and sometimes rude comments regarding their competitors via social media is a relatively novel and unexplored behavior, and research in this area is scarce. How consumers perceive the use of humor in brand-to-brand dialogue may have meaningful managerial implications for companies and important theoretical implications for existing theory. Thus, to understand the dyadic relationship between two brands who engage with each other on social media, we explore two different types of humorous comments (low aggression and high aggression) and how the type of humor employed affects consumers' perceptions of both the brand initiating the dialogue and the brand that responds. Interestingly, we find that the safest strategy for brands that elect to interact with other brands on social media is to refrain from either type of humor, thus avoiding perceptions of manipulative intent. However, for brands that elect to respond to other brands, the type of humor employed can vary based on the tone of the initiating brand's comment. [ABSTRACT FROM AUTHOR]

This article explores processes that are significantly interconnected from a psychosocial perspective: forgiveness, justice, reconciliation, and peace. It encompasses part of the findings from the research project “Psychosocial Barriers to Peacebuilding and Reconciliation in Colombia,” conducted during 2019 and the first half of 2020. The study was intended to understand beliefs about forgiveness, justice, and reconciliation among 256 individuals from 9 cities in Colombia. A qualitative design and a phenomenological-hermeneutic method were used, employing semi-structured and in-depth interviews. An intratextual and intertextual content analysis and theoretical coding at two levels (descriptive and hermeneutic) were performed, leading to the emergence of five categories: 1) conditional forgiveness and retributive justice; 2) neither forgiveness nor forgetting: death penalty and punitive retaliation: 3) compensatory forgiveness and transitional justice; 4) delegitimization of transitional justice: the offended; and 5) opportunities for reconciliation. The main results reveal that a retributive perspective of justice prevails among the participants, limiting the possibilities of forgiveness and reconciliation within the framework of the peace agreement between the Colombian State and the FARC-EP guerrilla. A significant but smaller group of interviewees find paths to forgiveness through the transitional justice mechanisms established by the agreement. The discussion revolves around how the prospect of creating spaces for peace and reconciliation appears to hinge on the potential to humanize the aggressor, particularly the low-ranking ex-combatant (a point of convergence in perspectives), presenting an opportunity for leveraging psychosocial interventions. [ABSTRACT FROM AUTHOR]

The text summarizes the 58th Colloquium of the Southwestern German and Swiss Criminological Institutes and Chairs, which took place in Augsburg from July 6th to July 8th, 2023. The conference covered a range of topics related to criminology and criminal justice, including right-wing music and aggression, antisemitism in Augsburg, femicides and gender construction, police accountability, lay judges in plea agreements, and disruptive defense lawyers in court. The conference provided valuable insights into these specific areas of research. The text also briefly mentions presentations on organized crime, criminal law, punishment theories, online journalism, retributive justice, and prisoner resocialization. The conference served as a platform for researchers to share their work and engage in meaningful discussions. The article does not provide specific details about the topics discussed or the outcomes of the conference. [Extracted from the article]

In this article, I argue that Michael Moore's (1997), and other similar formulations of desert retributivism – viz., the theory that holds punishment to be justified because of the deserved suffering it imposes on guilty offenders – are epistemically problematic. The argument draws on John Dewey's inchoate critique of retribution, and on Dewey's more general contention that the justification of ethical judgments and principles proceeds ex post – viz., that it depends on the experiences elicited by acting on those judgments and principles. Based on Dewey's ex post take on justification, I more specifically argue that, given its commitment to moral naturalism and to coherentism, Moore's version of desert retributivism is epistemically unwarranted. This is because we have evidentially grounded reasons to think that many of the retributive judgments that underlie the principle of retributive justice are not clearly supported ex post in the relevant, desert retributivist sense. [ABSTRACT FROM AUTHOR]

William Lane Craig insists that I am wrong in reducing God's moral goodness to his beneficent aim of drawing all people to himself. For Craig, God's moral goodness, best conceived in terms of righteousness, must also include God's retributive justice toward the wicked, who deserve the punishment they receive. My response is that Craig's argument rests on two assumptions about value, neither of which, I argue, Christian theists have good reason to affirm. [ABSTRACT FROM AUTHOR]

Fines, corporal punishments, and other procedures of punitive justice recur across small-scale societies. Although they are often assumed to enforce group norms, we here propose the relation-restoration hypothesis of punitive justice, according to which punitive procedures function to restore dyadic cooperation and curtail conflict between offender and victim following violations of reciprocal obligations. We test this hypothesis's predictions using observations of justice systems in three small-scale societies. We code ethnographic reports of 97 transgressions among Kiowa equestrian foragers (North America); analyze a sample of 302 transgressions among Mentawai horticulturalists (Indonesia); and review retributive procedures documented among Nuer pastoralists (South Sudan). Consistent with the relation-restoration hypothesis, we find that third-party punishment is rare; that most third-party involvement aims at resolving conflicts; that costs paid by offenders serve to achieve forgiveness by repairing victims; that punitive justice is accompanied by ceremonial procedures aimed at limiting conflict and restoring goodwill; and that failures to impose costs contribute to a decline in reciprocal cooperation. Although we document rare instances of third-party punishment among the Kiowa (6.6% of offenses), punitive justice more often serves as restorative justice, appeasing victims' urge for revenge while not overly harming offenders' interests to ensure reconciliation. [ABSTRACT FROM AUTHOR]

I assess the force of a justification for post-conflict amnesties that is aimed at overcoming the most common objection to their conferral: that they entail retributive injustice. According to this justification, retributivists ought to consider amnesties to be justified because they are analogous to plea bargains, and because retributivists need not consider plea bargains to be unacceptable. I argue with reference to the 2001 Timor-Leste immunity scheme that amnesties conditional upon perpetrators' not only admitting guilt and confessing but also making reparations may count as plea bargains. I show that plea bargains providing sentence discounts in return for guilty pleas, allowing offenders who accept these bargains to be punished in the absence of trials, and plea bargains offering leniency in punishment in exchange for offenders pleading guilty and providing testimony or other incriminating evidence against superiors or accomplices, may be consonant with versions of retributivism that allow less than the full measure of an offender's deserved punishment to be exacted where necessary to maximise or expand deserved punishment overall. I argue that amnesties that are also plea bargains may be considered justified by plea bargain-defending retributivists. So too may amnesties conferred in exchange for perpetrators' admitting guilt and providing incriminating testimony or other evidence against their superiors and accomplices, some of which count as plea bargains, since they too could in some cases maximise or expand deserved punishment. [ABSTRACT FROM AUTHOR]

The current management literature suggests that when employees engage in wrongdoing, managers typically respond with punishment. The emerging moral repair literature suggests an alternative to punishment: a reparative response that focuses on repairing harm and restoring damaged relationships. However, little is currently known about restorative managerial responses, including why managers respond to employee wrongdoing in a reparative versus punitive manner. The purpose of this paper is to examine a variety of cognitive and emotional influences on this managerial decision. This study used a scenario-based survey methodology. The authors gathered data from 894 managers in sales and financial services contexts to test a set of hypotheses regarding individual-level influences on managers' punitive versus restorative responses. This study found that managers' restorative justice orientation, retributive justice orientation, social considerations (e.g. when employees are relatively interdependent versus independent), instrumental considerations (e.g. when the offender is highly valuable to the organization) and feelings of anger influenced their reparative versus punitive responses. Data are cross-sectional, so causality inferences should be approached with caution. Another potential limitation is common method bias due to single-source and single-wave data. The findings of this study show that managers often opt for a restorative response to workplace transgressions, and this study surfaces a variety of reasons why managers choose a restorative response instead of a punitive response. This study focuses on social order and expectations within the workplace. This is important to victims, offenders, observers, managers and other stakeholders. This study seeks to emphasize the importance of social factors, a shared social identity, social bonds and other relationships within this manuscript. This is an important component of organizational-focused restorative justice research. This is the first study, to the best of the authors' knowledge, to explicitly test individual-level influences on managers' reparative versus punitive responses to employee wrongdoing. [ABSTRACT FROM AUTHOR]

The ICC Reform Process from the Perspective of African States Parties to the Rome Statute: Better Late Than Never The relationship between African States with the permanent International Criminal Court (ICC) is critical to the continued success of the ICC and the development of international criminal law. One of the main criticisms of the ICC by some African States has centred on the question of how best to sequence peace with justice, or justice with peace, in situations of ongoing conflict such as in Uganda and Sudan. This article examines the history of the peace-justice clashes on the African continent in the context of the 2019 Assembly of States Parties mandated process of ICC reform, considering the ICC Office of the Prosecutor's (OTP) Policy Paper on the Interests of Justice. Regrettably, despite the long-standing African State Party concern about the peace-justice interface, the September 2020 ICC independent expert report produced for the Assembly of States Parties missed the opportunity to expressly address this important issue. The author submits that, while the OTP appears to have embraced a more nuanced view of the interests of retributive justice and how they relate to the interests of sustainable peace, it may be timely for the formal ICC review process to consider how to bring further clarity to the resolution of this issue in the context of the ongoing ICC reform discussions. Formally giving the OTP some guidance on how to balance the interests of justice considerations after it begins a formal investigation into a situation should help limit some of the criticisms directed towards the ICC as it engages in the challenging task of dispensing justice for victims of atrocity crimes in Africa and other parts of the world. [ABSTRACT FROM AUTHOR]

The norm that regulated the infraction of the adolescent on the criminal law was established in the Fourth Book, Title II, Chapter III of the Code of Children and Adolescents, which proposed as an end their rehabilitation and social reincorporation, whose modification through Legislative Decree No. 1204 provided three sanctions to replace socio-educational measures: socio-educational sanctions, the limitations of rights established by certain prohibitions and deprivation of liberty, the increase in the sentence of deprivation of liberty, which was observed by the Committee on the Rights of the Child, which recommended its repeal to the Peruvian State. This was adopted by the State in search of solving the great increase in crime, especially juvenile hired killers, which due to their benign punishments were used by organized crime, therefore, to protect human rights, the State developed a system of juvenile justice within the framework of international standards, by enacting the Code of Criminal Responsibility for Adolescents that required a sufficient implementation that the State could not fulfill due to its scarce budget; for this reason, it was not possible to resolve the problem of juvenile delinquency, especially in relation to hired assassins, which originates debates on a possible hardening of sentences and their sanction as adults. In this sense, this work investigates the factors that prevent a correct application of restorative justice in the solution of juvenile hired killers. [ABSTRACT FROM AUTHOR]

We have controversial intuitions about the rightness of retributive punishment, keeping promises for its own sake, and pushing the heavy man off of the bridge in the footbridge trolley case. How do these intuitions relate to ethical theories? Should ethical theories aim to fit with and explain them? Or are only uncontroversial intuitions relevant to explanatory ethical theorising? I argue against several views that we might hold about the relationship between controversial intuitions and ethical theories. I then propose and defend the view that ethical theories should only aim to fit with and explain the intuitions that almost all people (who minimally understand the relevant issues) share. I argue that this view has interesting and important implications for ethical theorising and theorising about justice and equality. [ABSTRACT FROM AUTHOR]

Classic theories of punishment have been deeply criticized for their failure to attribute significance to victims and the fact of their victimization within their proposed frameworks for the justification and distribution of punishment. Retributive theory, in particular, has been criticized for its failure to recognize the significance of victims. Some theorists have been led by this lacuna to adopt a victim-centred approach to punishment as a solution to the 'absence-of-victim' problem. Per victim-centred approaches, the very justification and imposition of punishment rely on victims and the restoration of egalitarian relations between the offender and victim that were disturbed by crime. This move toward constructing criminal law and punishment in terms of victim recognition and vindication has become increasingly popular and has been endorsed by a number of prominent theorists, yet it raises important worries. This article proposes an alternative solution, embracing the insight that victims ought to matter to the punishment of those who offend against them, yet without constructing the edifice of criminal law and punishment on the function of victim vindication. It offers an account of the way in which the introduction of a victim changes the balance of reasons in favour of punishment, becoming important to the determination of whether or not punishment ought to be imposed (in full). Yet it does so without taking the 'victim's turn' – that is, without reconstructing the institution of criminal punishment entirely in victim-centric terms. [ABSTRACT FROM AUTHOR]

A 77-year-old man presented with the complaint of a painless decrease in vision in both eyes for 1 year. He underwent bilateral cataract surgery without improvement. Neuro-imaging and genetic testing for mitochondrial disease was negative. Examination was consistent with a diagnosis of toxic-nutritional optic neuropathy. On further questioning the patient admitted chronic ingestion of mouthwash 3 times daily in the past 18 months after completion of dental work. After discontinuation of mouthwash ingestion, visual acuity and fields improved. This case shows how chronic ingestion of mouthwash can lead to a bilateral toxic optic neuropathy, even in the absence of other risk factors. [ABSTRACT FROM AUTHOR]

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