“healing Through Justice: Benefits Of Lawyers In Medical Malpractice Cases” – Relationship between punitive discipline and child-to-parent violence: The moderating role of context and implementation of parenting practices

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“healing Through Justice: Benefits Of Lawyers In Medical Malpractice Cases”

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By Ernesto Lodi Ernesto Lodi Scilit Preprints.org Google Scholar * , Lucrezia Perrella Lucrezia Perrella Scilit Preprints.org Google Scholar , Gian Luigi Lepri Gian Luigi Lepri Scilit Preprints.org Google Scholar , Maria Luisa Scarpa Maria Luisa Scarpa Scilit Schlit Preprints and Google Scholar . Patrizia Patrizi Patrizia Patrizi Scilit Preprints.org Google Scholar

Received: 27 October 2021 / Revised: 10 December 2021 / Accepted: 18 December 2021 / Published: 23 December 2021

Background: In recent years, the use of restorative justice (RJ) and restorative practices (RP) in schools has grown rapidly. Understanding how theory and research deals with this topic is important for its practical implementation based on scientific knowledge. The aim of this article was to analyze the practices derived from RJ that were implemented in the school and what kind of results were achieved. Beginning with an analysis of the qualitative and quantitative research in the field, a systematic review was conducted of the last decade of studies using RJ and RP at all levels of school education. Methods: For this review, methods included the PRISMA guidelines, PRISMA flow diagram, and qualitative synthesis. Scientific articles for the literature review were selected according to the following criteria: (1) publication date between the years 2010-2021; (2) student population aged 6-18 years; (3) publications in English; (4) articles available directly or accessible by contacting the author; 34 articles met the inclusion criteria. Results: The most used RP in the school is circles (n = 26), followed by refresher conferences (n = 17), peer mediation (n = 10), discussions re- innovation (n = 8), mediation (n = 7), community-building circles (n = 5). RP can improve the school climate, discipline, positive conflict management through actions aimed at preventing disruption, suppression, conflict and misbehavior (eg, bullying). RJ practices promote positive relationships between peers and between students and teachers, as well as prosocial behavior through the development of social and emotional skills. Conclusions: From the studies reviewed, a strong interest in the use of justice and restorative practices in schools clearly emerged. Discussions were given on the benefits and challenges of implementation. However, there is still little evidence regarding a direct correlation, which suggests further studies on the effects of RJ and RP in school settings.

The views of the current international debate, also as a result of the recent Recommendation CM/Rec (2018) 8, aim to promote not only the development and practice of restorative justice in criminal matters, but also the development of innovative regeneration approaches. are situated outside the justice systems, highlighting how justice and restorative practices are not only concerned with criminally appropriate behaviour. In fact, justice and restorative practices can play a role in the various conflicts that arise in different communities (such as schools) not only as a response to conflict, but also as a preventive approach that aim to build relationships and communities. Therefore, it is possible that after harm has been suffered, it is necessary to rebuild a sense of trust and heal conflicts in order to heal people’s wounds and ruptures in the social fabric. The goal is to prevent harmful behavior towards the prospect of a better future: a future of safety, trust, responsibility and well-being of all parties involved. In this sense, restorative justice can be presented as justice for people and relationships, when a crime has been committed, harm caused, pain suffered, to prevent harmful behavior [1].

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Current zero-tolerance policies represent systems that use punitive and exclusionary practices (eg, suspensions) to control and regulate student behavior. These policies often contribute to disciplinary problems and exacerbate disparities in race, gender, and socioeconomic status, underscoring the need for alternative approaches to school discipline management, which as well as methods that aim to promote well-being in the entire school community.

Restorative justice could represent one of these alternatives. Its practices are aimed not only at alternative management of unjust and violent behavior, for example, bullying, but especially at the promotion of prosocial behavior through the development of social and emotional skills (e.g., empathy, awareness, and responsibility), with the broader goal of building safe school communities that promote well-being.

In recent years, the use of restorative justice and restorative practices in schools has grown rapidly. This will encourage a better understanding of how theory and research address this question to further improve practice and ensure that practice is based on scientific knowledge. Starting with qualitative and quantitative research, the aim of this study was to evaluate the practices implemented and the results obtained through a systematic literature review on the use of RJ and RP implemented in the school . We want to support practices with the current findings in scientific research, listing the benefits of using restorative justice and restorative practice in schools and analyze the impact of these methods in educational settings.

Restorative justice is first and foremost a paradigm, which cannot be identified in a specific program [2, 3, 4, 5] or in a specific application area [6]. Its possible declines are according to different programs, which share some key dimensions: (a) a proactive and progressive attitude; (b) the offense is not characterized by the conduct, and is merely a legal explanation; (c) the person who committed the act is a person other than a legal profession (investigated, accused, convicted); (d) whoever suffers the consequences is, even before he is a guilty party or a victim, an injured person.

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This does not mean ignoring the legal meaning of the crimes and the people involved (perpetrators and victims), but considering them as people rather than perpetrators and victims, behavior which brings harm rather than crimes, consequences rather than suffering, judgement, conviction, punishment [1].

Restorative justice suggests an entirely different reading from that of criminal justice. For the latter, crime is a violation of the law and the State, and for restorative justice, crime is a violation of people and duties, harm caused and suffered, social crisis, and this means a to recognize people and their actions for what they do. Yes. For criminal justice, a violation creates guilt and must be paid with suffering, there must be punishment. For criminal justice, the focus is on the person who committed the crime who must pay their debt​​​​to justice and to the State which, in this way, completely replaces the person who suffering, giving the latter the role of the initiator of the crime. For restorative justice, a breach creates new obligations, through which justice and relational balance can be restored. Restorative justice works by questioning the legal system’s assumptions without rejecting them, emphasizing reparation as a means of restoring justice and relational balance rather than punishing wrongful behavior . Therefore, restorative justice involves the victims of the harm, those responsible for it, and members of the community in a commitment to make “right” what is wrong, that restores justice that respects everyone, people, and coexistence. [7, 8, 9, 10, 11]. Restorative justice focuses on the needs of all parties involved [9]. Victims must have access to non-judgmental information related to what has happened: why and what follows what happened (information often only available to the perpetrator); tell the personal truth about what happened through being heard and telling a story; to ensure that those who have acted against them know the consequences they have produced; regain control over one’s life; receive compensation. The needs of those who committed the crime may be to take responsibility for the consequences

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