What comes after a pretrial conference?
What comes after a pretrial conference?
After the conference, the judge or magistrate issues an order reflecting the results of the conference, and the order controls the future course of the case. Generally, the substance of a pretrial conference for a criminal case is the same as that for a civil case.
Why are there so many pre-trial conferences?
Judges also use pre-trial conferences to encourage settling cases. At the conference, the judge and the lawyers can review the evidence and clarify the issues in dispute. If a case hasn’t been settled, many courts set a time for an issue conference.
Why was TRC formed?
The South African Truth and Reconciliation Commission (TRC) was set up by the Government of National Unity to help deal with what happened under apartheid. The conflict during this period resulted in violence and human rights abuses from all sides.
Was TRC successful?
In a broad sense, the TRC was a success because it healed the nation of South Africa while simultaneously healing individuals. It did this by providing a forum through which people could proactively address the past in order to move forward. This process helped meet the needs of the victims, offenders, and nation.
What was the aim of TRC?
The aim of the TRC was to combat impunity and recreate a culture of accountability, and most importantly to uncover truth about gross human rights violations and assist families of the victims in getting closure. In short, “the TRC was a prudent step for reconciling the South African community”.
Why did South Africa choose restorative justice?
The emergence of the restorative justice philosophy in South Africa is a response to the need to change the country’s retributive criminal justice system, based on Roman Dutch Law, in order to accommodate indigenous African legal practices. The globally dominant retributive justice has punishment as its primary aim.
What is Restorative Justice examples?
The practices include victim-offender mediation, family group conferencing, sentencing circles, community restorative boards, victim impact classes, victim impact panels, victim impact statements, community service, and restitution. …
What are the main principles behind restorative justice in South Africa?
Notice three big ideas: (1) repair: crime causes harm and justice requires repairing that harm; (2) encounter: the best way to determine how to do that is to have the parties decide together; and (3) transformation: this can cause fundamental changes in people, relationships and communities.
How did the TRC help South Africa?
Truth and Reconciliation Commission, South Africa (TRC), courtlike body established by the new South African government in 1995 to help heal the country and bring about a reconciliation of its people by uncovering the truth about human rights violations that had occurred during the period of apartheid.
Who started the TRC?
The commission commenced with the appointment of three commissioners: Justice Harry Laforme, an Ontario Court of Appeal judge and member of the Mississaugas of New Credit First Nation; lawyer Jane Brewin Morley; and Aboriginal health expert Claudette Dumont-Smith.
How the Cradock Four were killed?
Goniwe and Calata were rumoured to be on a secret police hit list for their active participation in the struggle against apartheid in the Cradock area. The South African security police murdered them and burned their bodies.
What were the Cradock Four doing?
That evening, on their way back to Cradock, the four were arrested at a roadblock set by the Security Branch. All four were arrested, assaulted, and murdered. Mkhonto and Mhlauli were found in a dump near Bluewater Bay in Port Elizabeth. Goniwe and Calata were found in the bay a few days later.
How do you implement restorative justice?
Here’s what they had to say:
- Address staff skepticism.
- Build trust.
- Get district and state buy-in.
- Invest in professional learning opportunities.
- Engage students as leaders.
- Build capacity by sharing best practices.
What are the cons of restorative justice?
Disadvantages
- not available to all offenders, only those who have admitted their crime but victims may reject the offer.
- psychological harm may be brought to the victim especially if the criminal shows no empathy towards them which may result in a lowered self esteem.
What are the pros and cons of restorative justice?
Pros of restorative justice include focusing attention on victims rather than perpetrators, promoting problem-solving strategies and stimulating communication; disadvantages include failing to stop future crimes and not imposing harsh penalties.
Does restorative justice go on your record?
Restorative justice does not need to be disclosed on a standard criminal records bureau (CRB) check. Restorative justice may be disclosed for an enhanced CRB check where it would be proportionate and relevant. A restorative justice disposal may be used with the offender on the basis of public interest.
What is the opposite of restorative justice?
We first learned about utilitarian justice, in which there is a focus on the greater good of society, and any punishment should benefit the society as a whole. On the other hand, retributive justice is a theory that the goal of punishment for criminal violations is for the offender to pay his or her debt to society.
