Restorative justice is a form of informal justice growing rapidly among criminal justice practitioners. It decenters the focus of criminal justice from the offender breaking a law of the state to the harm caused the victim and community. Resolution is said to come from offenders taking responsibility and making amends for the harm done and from communities supporting the victim and providing offenders with opportunities and skills to reintegrate as contributing members.
Restorative justice theory largely ignores the role of professionals in the criminal justice process, and yet professionals have played a dominant part in initiating many restorative justice programs. Several theoretical traditions recognize professionals as being important intermediaries between citizens and the state. The theory of democratic professionalism argues that professionals can play crucial roles in increasing and improving democratic participation in public affairs. This article examines two functioning restorative justice programs to flesh out what democratic professionalism might look like in operation—what tasks professionals perform and what citizen involvement means to the professionals. We argue that restorative justice cannot get along without professionals and that democratic professionalism may help restorative justice to avoid some of the problems associated with other approaches to informal justice by increasing true community participation but balancing it with concern for individuals' rights.
The right to vote is the foundation of democratic government; all other policies are derived from it. The history of voting rights in America has been characterized by a gradual expansion of the franchise. American Indians are an important part of that story but have faced a prolonged battle to gain the franchise. One of the most important tools wielded by advocates of minority voting rights has been the Voting Rights Act. This book explains the history and expansion of Indian voting rights, with an emphasis on seventy cases based on the Voting Rights Act and/or the Equal Protection Clause. The authors describe the struggle to obtain Indian citizenship and the basic right to vote, then analyze the cases brought under the Voting Rights Act, including three case studies. The final two chapters assess the political impact of these cases and the role of American Indians in contemporary politics.
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