Curriculum Guide · Courses

Professor Lynn Fraser

LL.M Seminar 740 (cross-listed) | 2 credit hours

This two credit seminar will explore the value or effectiveness of using the most common form of restorative justice process -- truth commissions -- to resolve a conflict involving violations of international human rights. This relevant question will focus on the intersection of human suffering, broken political institutions, and possible reintegration and reconciliation within or between social groups. In the aftermath of violence and tyranny, should a truth commission be added to – or used in place of - traditional criminal justice processes? Is an either/or approach effective or appropriate? Merely changing procedures is not sufficient. The people involved in the conflict need the skills and motivation to develop a process - independent of the substance of the dispute - to assist in building strong relationships for the future. Is there a way to balance the “greater good” of the entire community with the “individual good” of victims? This course will explore using creative problem solving to consider blends of truth and justice processes. What process allows the community that suffered the conflict to increase validity, legitimacy and ownership in the solutions? Students will explore restorative justice processes, as well as how restorative justice fits in the evolving recognition of international human rights and the enforcement of those rights. The class will develop an understanding of the differences between traditional criminal justice processes and restorative justice processes, beginning with the focus. The focal point of restorative justice is the victim, while traditional criminal justice concentrates on the accused. Would blended processes – specific to the conflict and the culture – be more efficient? Traditional criminal justice follows a retributive justice concept that focuses on the violation of law, guilt and punishment of specific named individuals. In traditional criminal justice, the crime is against the state, and thus, the state determines the penalty. In contrast, restorative justice sees crime as a violation of people and of relationships. Restorative justice, through a truth commission or a hybrid process, invites the entire community -- victims, family members, perpetrators, citizens, and witnesses -- to reveal the truth of their experiences and facilitate acknowledgement, accountability and resolution. Students will also review the evolution of truth commissions -- also known as boards of inquiry, reparation, reconciliation or reintegration committees, and/or historical truth committees -- and analyze the strengths and weaknesses of these commissions. Students will design an effective truth commission based on a conflict they select. The class will learn to read body language and sharpen their communication skills. Students will develop creative problem solving skills to develop alternatives and options when advocating for change with a transition government. In addition, the students will learn how to use interest-based negotiations (aka mutual gain negotiations or win/win) to advocate for and obtain the best possible terms for their truth commission; i.e., how to view obstacles as a detour and not a stop sign.