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Russian Shadow Justice: Its Assumptions, Nature, and Essence |
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by Pyotr A. Skoblikov
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There are several understandings of Russian shadow justice. In the first meaning, shadow justice is associated with the influence of officials of the executive branch on court decisions. This influence is conditioned by a certain dependence of judges on regional and federal executive and legislative bodies.
The second meaning is connected with corruption, a more dangerous phenomenon because it is a question of the corruptibility of judges. As a result, court decisions favor the party that was able to pay out the necessary sum. For the designation of “justice” of this kind, the expression “justice made to order” is sometimes used.
It is also necessary to consider the corruptibility of detectives, procurators, and staff of other law enforcement bodies, as a result of which decisions are made on criminal cases (at the pre-trial stage particularly) based on the influence of an influential person or corporation.
We will consider here shadow justice in the third meaning, when the functions of judicial authorities are discharged by criminal groups and their leaders. In this case we speak sometimes about “black justice” or about “criminal justice.”
Shadow justice in the last meaning is of considerable interest for those countries where a significant number of natives of Russia and other republics of the former USSR live. Among such countries we may mention Great Britain, Germany, Austria, France, Switzerland, Spain, the United States, and others. In order for law enforcement of those countries to better understand the challenge that stands before them, it is useful to become familiar with the belief system such people come from, which local traditions they adhere to, which rules of behavior they choose, how they resolve internal and external conflicts, and how to cooperate with them or fight against them. |
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Restorative Justice in South Africa |
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by Beaty Naude
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Throughout most of human history restorative justice was the dominant criminal justice model, as is evident from the ancient Arab, Greek, and Roman civilizations, which all required compensation for the victim (Braithwaite, 1998:1ff). Restorative justice practices were also prominent in the Asian world, and Confucius (551-479BC) is regarded as the most influential thinker in this regard (Braithwaite, 1998:12). Restorative justice was also the main focus of various aboriginal communities in Australia, New Zealand, and Canada (Roach, 2000:256). |
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