Sessions Information

  • May 2, 2018
    9:00 am - 10:30 am
    Session Type: AALS Programs
    Session Capacity: N/A
    Hotel: N/A
    Room: Clark 7
    Floor: Seventh Floor

    Re-envisioning Justice in Jamaica: From Retribution to Restoration – Challenges and Opportunities for Implementing Restorative Justice

    Inga N. Laurent, Gonzaga University School of Law

    Jamaica has an inordinately high homicide rate, placing it among the top-five highest in the world. Crime is tied to many factors including poverty, retribution, drugs, and politics. Police only make arrests in 54% of homicide cases annually and courts only convict in about 7% of those. The Ministry of Justice (MOJ) has embarked on an ambitious agenda to address crime, and one of the major tenants of their plan is to develop a robust Restorative Justice (RJ) program. This context creates both incredible opportunities and challenges. It is laudable for the Government of Jamaica to embrace a compassionate, innovative, and healing approach to justice that centers on rebuilding community and empowering citizens. However, if that empowerment comes with a lack of accountability, will it be successful? Can a government, with a top-down approach, implement a community-oriented system? Can the government shift the retributive culture of an entire nation?

    In 2016-17, I had the opportunity to live and research in Kingston as a Fulbright Scholar. This article explores RJ theory, Jamaica’s legal system, and some of the major challenges and opportunities embedded within those difficulties.

    What’s the Harm in Considering the Harm of Removal?

    Shanta Trivedi, University of Baltimore School of Law

    The child welfare system is intended to protect children from parental abuse and neglect. Yet, the very system designed to shield children from harm fails to consider the very real harm associated with removal from one’s family. When a parent is accused of abuse or neglect, a court must decide whether remaining in the parent’s care is contrary to the child’s welfare and whether the child is at imminent risk of harm if left at home. In forty-nine jurisdictions, however, while the court must assess whether the state made reasonable efforts to prevent removal, courts are not required to specifically consider the inevitable trauma that will occur when that child is taken from her family. Research shows that removal from one’s parents has detrimental emotional and psychological consequences due to child grief and the unstable nature of, and high rates of abuse in, foster care. This paper analyzes the goals of the child welfare system and whether they would be better served if courts were required to consider the detrimental impact of removal on children; if legislators codified the consideration of harm of removal; and if practitioners argued harm of removal in every case. 

Session Speakers
Gonzaga University School of Law
Intensive Paper Feedback Presenter

University of Baltimore School of Law
Intensive Paper Feedback Presenter

Session Fees

Fees information is not available at this time.