Balancing justice goals: restorative justice practitioners’ views

Despite the importance of facilitators, staff, and volunteers to restorative justice programs, we know very little about what they think about the goals of restorative justice. This paper fills that gap by reporting the findings of a survey of restorative justice practitioners in Nova Scotia, Canada. Participants rated the importance of 29 justice-related goals such as punishment and accountability. The results show how respondents distinguish between, prioritize, and balance competing justice goals. A factor analysis shows how goals cluster together revealing more depth about how practitioners understand goals, such as accountability, that have different meanings depending on the context. The findings are particularly interesting because the restorative justice program in Nova Scotia is deeply embedded in the criminal justice system. The findings speak to concerns about whether programs rooted in the mainstream system risk being diluted by dominant criminal justice system discourses. I conclude that restorative justice practitioners can prioritize the values of restorative justice in a program that is deeply rooted in the mainstream criminal justice system.     

Toward a restorative justice pedagogy: reflections on teaching restorative justice in correctional facilities

Restorative justice is currently practiced in a variety of ways inside correctional facilities. One such way is the facilitation of restorative justice education. If grounded in restorative values, such education can contribute to outcomes similar to other restorative practices, such as victim offender dialogue. These outcomes include opportunities to speak to personal experiences, personal change, and growth, and a desire to engage in positive relationships and give back to the community. This paper draws on the teaching and facilitation experiences of the author and incarcerated peer facilitators to develop a restorative justice pedagogy. This pedagogy, based on restorative values, aims to inspire individual and social transformation; build community among participants; give voice to the unique experiences of participants; offer opportunities for real-life problem solving; provide a creative learning environment that is co-created by students and facilitators; view students as practitioners, theorists, and educators; and invite instructors to view themselves as students and share in the learning process. Implications of the restorative justice pedagogy for teaching outside the prison context and with course material other than restorative justice conclude the article.     

Victims and the restorative justice ambition: a London case study of potentials,assumptions and realities

Restorative justice is coming out of the shadows and in Europe this interest grows alongside a stronger victims’ movement with a domino effect on EU member states’ laws. In the UK, legislation now allows restorative justice at all stages of the criminal justice system, and as part of these developments, new restorative justice services that will be ‘victim-led’ are being funded. This paper questions this ‘kind’ of restorative justice, using unpublished findings from a research project that was conducted in 2017 in London. The project involved a survey with 66 victims and 44 offenders, followed by 11 in-depth victim interviews and a focus groups with 7 victims and practitioners. The data point out a number of assumptions and caveats, which must be addressed in order to ensure that further investment in restorative justice will yield benefits to all those whose lives are blighted by crime. The conclusions are relevant to anyone practising restorative justice internationally including policy makers and funders.     

Revisiting Informal Justice: Restorative Justice and Democratic Professionalism

Restorative justice is a form of informal justice growing rapidly among criminal justice practitioners. It decenters the focus of criminal justice from the offender breaking a law of the state to the harm caused the victim and community. Resolution is said to come from offenders taking responsibility and making amends for the harm done and from communities supporting the victim and providing offenders with opportunities and skills to reintegrate as contributing members.
Restorative justice theory largely ignores the role of professionals in the criminal justice process, and yet professionals have played a dominant part in initiating many restorative justice programs. Several theoretical traditions recognize professionals as being important intermediaries between citizens and the state. The theory of democratic professionalism argues that professionals can play crucial roles in increasing and improving democratic participation in public affairs. This article examines two functioning restorative justice programs to flesh out what democratic professionalism might look like in operation—what tasks professionals perform and what citizen involvement means to the professionals. We argue that restorative justice cannot get along without professionals and that democratic professionalism may help restorative justice to avoid some of the problems associated with other approaches to informal justice by increasing true community participation but balancing it with concern for individuals' rights.     

Paradigm Muddle: The Threat to Restorative Justice Posed by Its Merger with Community Justice

The restorative justice movement has great potential to reform the way society responds to crime and wrongdoing. One might logically assume that the greatest challenge to the new restorative justice paradigm is the traditional punitive criminal justice paradigm itself. A more immediate threat, however, is posed by merging community justice, another approach to reforming the justice system, with restorative justice. Community justice has superficial similarities to restorative justice but relies on the underlying authoritarian assumptions of the existing criminal justice system and on processes that exclude most of those individuals directly affected by the offense. This paper clarifies and contrasts the key elements of both the restorative justice and the community justice paradigms and explains the threat to restorative justice posed by combining and confusing the two.     

Is restorative justice for sexual crime compatible with various criminal justice systems?

In addition to the more conventional approaches of the criminal justice system, this article suggests that there is a need for restorative justice as another method of addressing sexual crime. In support of this view, the present article explores the possibility of a hybrid justice system based on a complementary relationship between restorative justice and the criminal justice system. An analysis of the limits of the criminal justice system and the need for restorative justice in the contentious area of sexual crime will be followed by a detailed examination of key justice considerations when trying to marry both criminal justice and restorative justice perspectives. Such considerations include: the meaning of justice; legislation; sentencing principles; due process; victims’ rights; and the location of restorative justice within/alongside/outside the criminal justice system. The aim of this article is to determine whether it is possible to reconcile two seemingly juxtaposed methods of justice delivery in the context of sexual crime in order to create a hybrid system of justice that best protects and responds to the rights and needs of victims and offenders.     

The European Forum for Victim–Offender Mediation and Restorative Justice

The European Forum for Victim–Offender Mediation and Restorative Justice is a non-governmental organisation set up because European victim–offender mediation projects had seldom established contacts beyond national borders. Informal contacts revealed that practitioners, academics and policy makers were looking for a more regular exchange and mutual support in developing victim–offender mediation and other restorative justice practices. This article gives an overview of the background to restorative justice and victim–offender mediation, and pays attention to the development of the Forum, its current aims, objectives and activities, and other (policy) developments at a supranational level.     

Youth Crime: Whose Responsibility?

Responsibility is an increasingly important concept within both political and academic debates about youth justice. As an alternative approach to youth crime, restorative justice ideology has contributed to this debate. Restorative justice emphasizes the importance of repairing harm by encouraging offenders to address past behaviour and to become responsible for future actions. This article reflects on empirical findings from the author's research with 41 young offenders who were the subjects of Referral Orders, a purportedly restorative disposal. It considers how successfully the English youth justice system has adopted this approach, arguing that there is a significant difference between the theory of restorative justice and its use in practice. To some extent, New Labour's emphasis on the criminal justice system has missed the point behind the ideology of restorative justice and the wider opportunities it offers for a proactively restorative society.     

Restorative justice in the Basque peace process: some experiments and their lessons

This paper contributes to the literature that analyses application of restorative justice in transitional societies. It examines recent attempts to employ restorative justice in the Basque peace process following ETA’s ceasefire. Using the Basque experience, it discusses some of the hidden dangers and tensions which arise when attempts are made to utilize ‘traditional’ restorative justice approaches and assumptions underlying them in transitional settings. One of the initiatives under discussion used a well-established restorative justice method of mediation between individual victims and offenders and attempted to transplant it without alteration from the context of ‘ordinary’ crime to the context of ‘political’ crime. It is argued that the scale and complexity of the conflict that looms behind individual offences in question renders certain assumptions and practices of ‘traditional’ restorative justice questionable both ethically and politically. Several other initiatives that have emerged recently in the Basque peace process are discussed which do not take the ‘classic’ form of restorative justice, yet values underpinning them fit well with the restorative justice philosophy. They might suggest a more promising direction for the development of restorative justice in the aftermath of mass violence.     

American Indian religion in the iron house: searching for ‘some accommodation’

Religious freedom claims by American Indian prisoners are disfavored in law and policy more than most prisoner civil rights claims. This disfavor reflects the continuing influence of the cultural distance between traditional Indians and Christianity – a distance with an unfortunate history from the Indian point of view. The salutary effects of Christian religion within prisons have been assumed for as long as prisons have existed; this assumption is based upon scant evidence. Treating Indian religious expression as inferior to Christian religious expression within prisons is often allowed by law, but it is insupportable in policy without reference to the historical power relationship between Indians and the dominant culture. Indian spirituality, like Christianity, can engage prisoners in the moral discourse demanded by the tenets of restorative justice. Accommodation of Indian spirituality is as much in the public interest as accommodation of religion within prisons at all.     

Connecting restorative justice with gender-responsive programming

Despite the encouraging results of public opinion assessments on restorative justice, people are not likely to spontaneously suggest restorative measures after a crime. Restorative justice thus seems in need of a public relations strategy. This paper discusses the strategy labeling victims as the universal remedy to promote restorative justice, and the proposal of promoting restorative justice through the media by foregrounding crime victims in media reports on crime. This strategy stems from a belief that the most appealing aspect of restorative justice to the public is its thoughtfulness to victims. However, I will argue that there are three problems with this approach. These concern: (1) the victim’s position in both restorative justice theory and practice; (2) the characteristics of media reporting on crime in general and victims in particular; and (3) the risk of attaining a result opposite to the initial objective (i.e. increasing punitive attitudes instead of promoting restorative justice).     

The value of restorative justice*

This paper starts by defining restorative justice and analysing its components. It looks at its practical benefits for the criminal justice system and explores the human benefits, not only for victims, but also for offenders, the families of both parties and the community. The experience of restorative justice in juvenile courts in New Zealand is examined in order to highlight the main benefits of the practice. Studies have shown that restorative justice can have positive effects such as reducing reoffending, providing an insight into offending, bringing together victims and offenders and repairing emotional harm. The paper concludes that although restorative justice on its own will not fix all social problems, it has many positive impacts on participants.     

What restorative justice might learn from administrative theory

Two administrative ideal‐types related to competing forms of justice: retributive and restorative include ontological and epistemological foundations and associated organizational theory. The alternate understandings are coherently linked with the principles of justice informing retributive and restorative practices. Retributive justice is linked to formal organization based on instrumental rationality and individualist ontology, while restorative justice is linked to substantive organization based on ethical reasoning and relational ontology. Once constructed, ideal‐types can be used both to assess actual conditions on key characteristics as well as to make recommendations for organizational design. Therefore, conclusions are drawn about the importance of matching context to purpose, pointing toward further empirical research that will inform system design for restorative justice practices.     

Restorative justice practice: An examination of program completion and recidivism

Studies of restorative justice programs continue to provide a review of restorative justice practice and impact. While this body of research is growing, many questions remain regarding the impact of restorative justice in reducing crime. By relying on individual and community-level data, the present study examined how offense type and poverty level influenced program completion and recidivism among juveniles in a restorative justice program. This study also examined the relationship between program completion and recidivism. Findings revealed that status offenders in the restorative justice program were more likely to complete the program and less likely to recidivate than status offenders in the comparison group. In addition, property offenders in the restorative justice program were less likely to recidivate than property offenders in the comparison group. Poverty level at the community-level had a significant influence in both program completion and recidivism.     

A glimpse into the role of personal values within the restorative justice process: a qualitative study with restorative justice facilitators

Restorative justice is a process whereby offenders and their victims communicate to address the harm caused by the crime. Currently, there is little research looking at what characterises victims and offenders who are willing to participate in this process, who benefits, and what changes occur after participating. Personal values may be important in understanding such questions because they can influence human behaviour, appraisals of behaviour, and can change following life experiences. Hence, the aim of this study was to investigate the role that the values within Schwartz’s value theory may have in answering these questions. This was accomplished through a thematic analysis of semi-structured interviews with 12 restorative justice facilitators. Consistently, the motivations they observed for both victims and offenders participating in restorative justice included themes of prosocial values. Additionally, prosocial values were among those highlighted as being important for the realisation of the benefits of restorative justice. There was also some preliminary evidence that this process may change what values are important for both victims and offenders. Overall, these findings have implications for restorative justice providers; a greater understanding of motivations, who will benefit, and how restorative justice can be presented to appeal to a wide audience.     

Making space for restorative justice in criminal justice and criminology curricula and courses

Restorative justice, rooted in the practices of indigenous people across the globe, has grown exponentially in both theory and practice since its beginnings in Canada in the 1970s. Restorative justice has influenced the interactions between offenders and victims, helped community members address crime and develop self-efficacy, and changed the way some countries rebuild after a history of oppression. Despite these restorative justice influenced changes, many criminology and criminal justice programs pay scant attention to restorative justice in curricula. This paper will examine ways to include restorative justice in criminal justice and criminology curriculum and the challenges involved in the process. The paper will then examine how the Law and Justice Department at Central Washington University has incrementally added restorative justice components to its curriculum, culminating most recently with the addition of a Community and Social Justice course. The paper will conclude with several examples of classroom activities and assignments that have helped connect students with the theory and practice of restorative justice.     

Teaching restorative justice: developing a restorative andragogy for face-to-face,online and hybrid course modalities

Teaching restorative justice in an academic setting is different from teaching almost any other academic course. Courses taught in the context of academic criminal justice programs tend to reinforce the structural inequalities in society, replicated and reinforced by instructor driven classroom experiences. In contrast, effective teaching of restorative justice should emulate the values of principles of restorative justice in the organization and management of the course. Teachers of restorative justice must ‘walk the talk’ and apply restorative principles and values to the design and delivery of the course itself. A conceptual framework for ‘restorative andragogy’ is developed that blends principles and values of adult learning with those of restorative justice. Four principles of this approach are identified and applied across three instructional modalities – face-to-face, online only, and hybrid courses. This approach provides a theoretically grounded model for effective teaching of restorative justice courses.     

从社群主义拯救罪错少年——恢复性少年司法及其社区参与

少年司法固有的福利模式和刑事模式均无法单一地解决少年犯罪的问题,因而受到学界的批评.同时,以恢复社会关系,促进罪错少年回归社会为目标的恢复性少年司法似乎正在成为少年司法的“第三条道路”.从社会变迁的角度看,社会、社群和社区的发展变化对少年司法制度的发展具有巨大的影响力.我国的城市化和市民社会正处于迅速发展的阶段,社会、社群、社区的发展驱动了具有恢复性少年司法因素的少年司法的发展,这体现了社群主义的价值底蕴.我国不少地方的司法机关进行了恢复性少年司法的探索,其各个阶段均具有社区参与的因素.从社会发展的趋势看,城市化和市民社会的发展使恢复性少年司法的社区参与具有广阔的前景.     

Persia to China: the Silk Road of Restorative Justice I

This paper to the 2016 Beijing meeting of the Asian Criminological Society is the first of two lectures on the theme of The Silk Road of Restorative Justice. The second is the annual lecture of the European Forum for Restorative Justice held jointly with the Asia-Pacific Forum for Restorative Justice in Milan (Braithwaite 2017). This first paper opens the idea of restorative justice as a way of thinking that flows back and forth along the Silk Road with a special focus on the development of relational, republican, and feminist thought in ancient and modern China and Persia. Both contemporary China and Iran are left today with quite a universal yet modest national policy of support for restorative justice. Some co-optation of restorative justice by the state and disengagement from it by many key justice professionals are evident in both China and Iran. The second paper argues more normatively for openness to hybridity along the Silk Road. It identifies virtues of being a republican-socialist-capitalist-feminist advocate of restorative justice in light of what we learn along the Silk Road. The unifying message of both papers is that excellence in restorative justice is nurtured by travelling many roads in search of helpful hybrids.

     

Book Review

One of the most important influences on my perspective on justice has been my Christian faith, and, in particular, my roots in evangelical Christianity. Because of the media’s too frequent portrayal of evangelical Christianity as monolithic in its political viewpoints, many may doubt that evangelical Christianity has much to contribute to the discussion of social justice. In fact, evangelical Christianity is actually multivocal, and the evangelical left’s views on social justice have been life changing for me. This essay describes that influence.