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Seattle University Collaborative Projects - International Academy of ...

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Restorative Justice in Northern Ireland: Ten Years OnJohn E Stannard, Queen’s <strong>University</strong>, Belfast (j.stannard@qub.ac.uk)The first day <strong>of</strong> December 2013 marks the tenth anniversary <strong>of</strong> the coming into force <strong>of</strong> theprovisions relating to youth conferences in Northern Ireland. The effect <strong>of</strong> these provisions,which were set out in Part 4 <strong>of</strong> the Justice (NI) Act 2002, was to put the principles <strong>of</strong> restorativejustice at the very heart <strong>of</strong> the system for dealing with young <strong>of</strong>fenders in that jurisdiction. Sincethen these provisions have been operating alongside other community based restorative justiceschemes, so making the province <strong>of</strong> Northern Ireland a key focus for those interested in theoperation <strong>of</strong> restorative justice in the practical context. The purpose <strong>of</strong> this to compare andcontrast, in the light <strong>of</strong> the relevant academic literature, the operation <strong>of</strong> these two frameworksfrom a restorative justice perspective, the aim being to identify the strengths and weaknesses <strong>of</strong>each approach, and to consider what lessons might be learned for the future.210. TJ & Victims’ RightsDomestic Violence Murder – New Example <strong>of</strong> Sweeping Improvements to the‘Slayer Statute’ to Better Prevent Killers from Pr<strong>of</strong>iting and Help Families toHealR. Keith Perkins, Never Again Foundation, Phoenix, USA (keith@neveragainfoundation.org)Nearly every state in the United States has a “slayer” statute with the intent to prevent killersfrom financially pr<strong>of</strong>iting from murder. Unfortunately, significant loopholes have existed fordecades in most slayer statutes which permit a large percentage <strong>of</strong> killers to still financially pr<strong>of</strong>itor direct financial pr<strong>of</strong>its from homicide. In 2012, the Never Again Foundation (which representsfamilies in civil actions to prevent killers from pr<strong>of</strong>iting from domestic violence murder)successfully led a sweeping legislative update in which the Arizona legislature unanimouslybanned these loopholes and simultaneously provided victims with unparalleled civil remediesagainst killers. With more than 100 domestic violence murders each year, Arizona’s new slayerstatute is now the strongest against killers in the United States, and serves as a potential modelfor other jurisdictions, including: 1) the imposition <strong>of</strong> a constructive trust on ALL killer’sproperty (i.e. such as life insurance) for payment <strong>of</strong> damages to victims; 2) specific inclusion <strong>of</strong>manslaughter; 3) specific inclusion <strong>of</strong> murder/suicide; 4) specific inclusion <strong>of</strong> guilty but insane;and 5) retroactive application. The results provide a new model to help families <strong>of</strong> domesticviolence murder better obtain therapeutic jurisprudence through hope, justice, and healing.Therapeutic Jurisprudence: Facilitating Healing in Crime Victims505

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