It is in the best interest of the accused to remain silent so that they have Podcast: Voices from the Field 33 – Decarceration and health – Part 3: the wîyasôw iskweêw restorative justice project 8 the presumption of innocence and the right to silence, and often that doesn't get to the root of the problem. [...] And then what this allows us broadly to do is to explore contextually-informed resolution of matters involving the broader community and the individuals involved, and try to reduce the rates of recidivism and cost-savings ultimately to the judicial system. [...] In these cases, the approval of the presiding justice is going to be required, and this is the justice who's going to be sentencing the offender, because [if we] recall, the justice is either just heard the facts of a guilty plea and found the person guilty, or alternatively they've just presided over a trial and the offender has been found guilty. [...] Next question is: what is the significance of community-based restorative justice work and its place in the criminal legal system? Justice Michelle Christopher, what do you think? Justice Michelle Christopher: Well, to me it's a measure of how the justice system responds to the diversity of participants coming into conflict with the law and into the courts. [...] But as I said, there were a number of factors that were considered when the report ultimately went back to the sentencing justice, and most noteworthy was the fact that the victim felt justice had been served and didn't want him to go to prison, and that he was willing to participate in the circle and to use it as a tool to unlearn bad behaviour and show respect for women and to educate the next g.
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