Restorative justice and reconviction

Proponents of restorative justice have suggested that its practices have the potential to reduce reoffending by those responsible for a harm. This article examines these claims using the results of two separate studies of the reconviction of offenders dealt with by processes that had restorative characteristics. The first study examines reconviction rates over'a'period'of'six years for a sample of young people who took part in family group conferences. The second study examines outcomes for samples of 100 offenders involved in each of two different community panel pre-trial diversion schemes for adults. One scheme involved offenders and victims meeting together with community panel members to determine outcomes that would repair harm to the victim and contribute to preventing reoffending. The second scheme involved Maori offenders meeting with representatives of their tribe in a setting with spiritual meaning for Maori. Those participating in both the community panel schemes were less likely to reoffend than matched samples of others who had committed similar offenses. There were also economic savings to the criminal justice system when offenders were dealt with by the panels compared to those dealt with by traditional methods. Taken together, these projects indicate that restorative processes and practices can have a positive impact on helping people to avoid reoffending.     

Follow-up of a social skills training (SST) for juvenile delinquents: effects on reoffending

Objectives

To examine (1) the long-term effects on reoffending of an individual SST for juvenile delinquents in The Netherlands and (2) whether effects differ by demographic and offense history characteristics.

Methods

The present study is a follow-up of a matched control study comparing post-treatment effects of N?=?115 juveniles receiving Tools4U, an SST with a parental component, to N?=?108 control group juveniles receiving treatment as usual (TAU). Analyses were conducted separately for delinquents and truants. Effects in terms of recidivism were assessed using official delinquency data after 6 and 12 months and 1.46 years after SST termination. Percentage of recidivists, number of re-arrests, and violent recidivism were outcome variables.

Results

Overall, 39% of the juveniles reoffended, and there were no differences between Tools4U and TAU on any of the selected recidivism outcomes. Additionally, demographic and delinquency characteristics and post-treatment effects did not moderate effectiveness.

Conclusions

Tools4U was not more effective than TAU in preventing recidivism, which may be explained by a generally low percentage of recidivists. With established treatment integrity, and a lack of well-researched effective treatment alternatives, Tools4U could still be a reasonable treatment option for adolescent onset juvenile offenders, although more research is needed to confirm this.

     

Partners in crime? Post-release recidivism among solo and co-offenders in Norway

ABSTRACT

Co-offending may increase offenders’ criminal capital in ways that impact their subsequent offending behaviour, and while highly theorized, the relationship between co-offending and reoffending has received less attention in empirical research. This study relies on Norwegian registry data to explore patterns of registered co- and solo offending before and after offenders’ first release from prison, by assessing differences in total, solo and co-reoffending between (1) co-offenders and solo offenders and (2) co-offenders embedded in different co-offending networks. The sample is based on 10 complete release cohorts, and co-offending networks are constructed from 22 years of administrative police data. Egocentric network analysis is used to obtain measures of degree centrality and tie strength. Results show that recidivism rates are higher among individuals with a co-offending network at release, and there is a consistent, positive relationship between degree centrality and reoffending. There is also a positive correlation between time spent in prison and the likelihood of co-offending after release, but there are no incidents of repeated co-offending (i.e. reoffending with co-offenders acquired before incarceration). The analysis hereby confirms several well-known patterns of co-offending in a new national context and highlights how incarceration can shape the nature and longevity of egocentric co-offending network ties.     

Youth justice conferencing and indigenous over-representation in the Queensland juvenile justice system: a micro-simulation case study

Restorative justice conferencing for young offenders is firmly established in Australian juvenile justice, and legislated conferencing schemes are operating in all Australian states and territories. While there is some variation in the terms used to describe restorative justice conferences (e.g., family group conferencing, family conferencing, or youth justice conferencing), there is much more consistency in how the conferencing process is managed across Australian jurisdictions. In Queensland youth justice conferencing is a process that brings together an offender, the victim and their supporters to discuss the harm caused by the offending behaviour and provide the young person with an opportunity to take responsibility for his or her behaviour and make amends. This paper begins by briefly sketching the development of restorative justice conferencing in Queensland and describes the Juvenile Justice Simulation Model (JJSM), a micro-simulation model developed for criminal justice policy analysis in Queensland, Australia. We use this micro-simulation model to conduct an experimental exploration of the effects that youth justice conferencing has on system-wide outcomes for indigenous young people. The model simulates the impact of interventions up until 2011 on the number of finalised youth justice court appearances. Our results indicate that youth justice conferencing is unlikely to reduce the over-representation of indigenous young people in the juvenile justice system. The simulations demonstrated that, by the 2011, youth justice conferencing would result in a 12.5% decrease in finalised court appearances. Unfortunately, this decrease was more apparent for non-indigenous young people (13.7% decrease in court appearances) than for indigenous young people, who had a 10.5% decrease in court appearances. This differential impact of conferencing is due to the different court appearance profiles between indigenous and non-indigenous young offenders, with indigenous young people initiating offending at an earlier age and offending more frequently than non-indigenous young offenders.     

Science,art and alchemy: best practice in facilitating restorative justice

This paper explores the role and process of facilitation in restorative justice (RJ). Drawing from a victim offender conferencing program used after serious crime in New South Wales Australia, 84 interviews with restorative facilitators were thematically analysed. The skills, techniques and strategies used to prepare, conduct and de-brief cases are considered including managing complex cases where participants present with intense anger and grief, poor insight into offending and cognitive and mental health issues. While good facilitation is in part the result of knowledge, training and experience, the art of great facilitation relates to the interplay of the facilitator’s inherent characteristics, capacities and world-views alongside this knowledge, skill and experience. While facilitating well is premised on an appreciation of the alchemy that exists within RJ, advanced facilitators use the alchemy to shape the process. Good practice is further enabled through workplace structures that support a team approach where there is open deliberation around needs, risk and harm. Because good facilitation is paramount to the best practice of RJ this paper has implications for current policy debates concerning RJ standards and the training and accreditation of RJ practitioners.     

Reintegrative Shaming, Procedural Justice, and Recidivism: The Engagement of Offenders' Psychological Mechanisms in the Canberra RISE Drinking-and-Driving Experiment

Advocates of restorative justice (RJ) hypothesize that the diversion of criminal cases to RJ conferences should be more effective in lowering the rate of reoffending than traditional prosecution in court processing because the conferences more effectively engage the psychological mechanisms of reintegrative shaming and procedural justice. This study uses longitudinal data from the drinking-and-driving study in the Australian Reintegrative Shaming Experiments (RISE) to evaluate the long-term impact of reintegrative shaming and procedural justice on support for the law and on later recidivism as assessed through the use of police records and by self-report. Analysis first suggests that there is no direct effect of experimental condition on later recidivism. However, it further suggests that both traditional court-based prosecution and RJ conferences increase support for the law and lower the rate of future reoffending when they engage the social psychological mechanisms of reintegrative shaming and procedural justice and thereby increase the legitimacy of the law. Hence, the results argue for the potential value of procedures such as the RJ conference but indicate that those procedures will only achieve their objectives if they are effectively designed and implemented.     

Eye movement desensitisation and reprocessing for offence-related trauma in a mentally disordered sexual offender

Abstract

Research demonstrates a high incidence of offence-related trauma in mentally disordered offenders convicted of violent and sexual offences. The adaptive information processing (AIP) model offers a theoretical framework for understanding the hypothesised relationship between offence-related trauma and reoffending. Evidence suggests that for a sub-population of offenders presenting with offence-related trauma: (1) therapy may retraumatise them, and (2) unresolved trauma severely blocks the positive benefits of talking therapies. Thus, it is postulated that traumatised violent and sexual offenders may be released into the community when they are still at risk of reoffending. A single case study is presented, which describes the application of eye movement desensitisation and reprocessing (EMDR) for a sexual offender presenting with offence-related trauma, whose offences occurred in the context of serious mental disorder. The identification of offence-related trauma and subsequent resolution of trauma symptomatology are discussed in regard to effective offender rehabilitation. Furthermore, the idiosyncratic nature of offence-related trauma and the application of the standard EMDR protocol for a single traumatic event are considered.     

Family Conferencing for Juvenile Offenders: A Singaporean Case Study in Restorative Justice

Restorative justice has been or is being adopted in many parts of the world, including countries in Asia. In the case of Singapore, restorative justice was adopted by the court system in 1997 as its guiding philosophy in its approach towards juvenile offenders. This article traces the adoption of restorative justice by the Juvenile Court in Singapore and the use of family conferencing in the light of the principles of restorative justice. It concludes by suggesting areas where the family conferencing system in Singapore can be improved, and possible lessons for other jurisdictions considering adopting family conferencing.     

Sexual and violent recidivism by offender type and actuarial risk: reoffending rates for rapists,child molesters and mixed-victim offenders

Abstract

The current study examines sexual and violent reoffence rates for a sample of 2474 sexual offenders over an average of 15 years following release from prison. Reoffence rates are reported as a function of the offenders' victim type and level of risk as assessed by the Automated Sexual Recidivism Scale, a computer scored measure of relevant historical risk factors. Observed sexual recidivism rates for offenders with child victims, adult victims, and mixed victims were quite similar. Results indicate that offenders with exclusively female child victims not only showed a lower rate of sexual reoffending, but that the reoffence rates were relatively low across all levels of actuarial risk. In contrast, those with male child victims and adult victims showed a pronounced escalation of reoffence rates as actuarial risk increased. Results also indicated that adult victim offenders are less consistent in the victim type of their reoffences, with 37% sexually reoffending against child victims. Finally, combined rates of sexual and violent reoffending were particularly high for those with adult victim sexual offence histories. Risk assessment and public policy implications are discussed.     

Testing for Analysts’ Bias in Crime Prevention Experiments: Can We Accept Eisner’s One-tailed Test?

Eisner (Journal of Experimental Criminology, this issue, 2009) suggests that developer-led evaluations often make programs look better than independent evaluations do because the former suffer systematic biases in favor of prevention success. Yet, his proposed remedies suffer their own systematic bias, constituting a ‘one-tailed’ test of bias in only one direction. In this response we suggest that a more objective assessment of ‘analysts’ effects’ requires a ‘two-tailed’ test of bias, in which reviewers would measure indications of bias both for and against success in evaluations reported by both developers and independent evaluators. After exploring the full complexity of the distinction between developers and evaluators, we report on one case in which independent evaluations were more favorable than those of developers. We then suggest possible indicators of analysts’ biases against finding success that may characterize the work of developers who “bend over backwards” to find harm in their programs, and of independent evaluators who may seek to “get a scalp” of a developer or a program.

Evaluating the Minnesota Comprehensive Offender Reentry Plan (MCORP): Results from a Randomized Experiment

Using a randomized experimental design, this study evaluated the effectiveness of the Minnesota Comprehensive Offender Reentry Plan (MCORP), an offender reentry pilot project implemented in 2008. In an effort to reduce recidivism, MCORP attempted to increase offender access to community services and programming by producing greater case management collaboration between caseworkers in prison and supervision agents in the community. The results showed that MCORP significantly improved employment rates, decreased homelessness, broadened offenders’ systems of social support, and increased the extent to which offenders participated in community support programming (mentoring, restorative justice services, and faith‐based programming). The findings further revealed that MCORP significantly reduced all three types of reoffending (rearrest, reconviction, and new offense reincarcerations) but did not have a significant impact on supervision revocations for technical violations. The evidence suggests that MCORP was effective in decreasing reoffending largely because it increased the extent to which offenders were employed, involved in community support programming, and able to develop systems of social support.     

Comparison of outcomes of patients with personality disorder to patients with mental illness,following discharge from medium secure hospital: systematic review

Background: Medium secure hospitals (MSHs) are costly yet outcome studies, particularly regarding the differential effects of diagnosis, are scant. Research Question: Are there differences in outcomes after MSH discharge for patients with PD compared to patients with mental illness (MI): systematic review. Method: Systematically reviewed studies which distinguished outcomes for patients with PD from those with MI, regarding reconvictions, readmissions and/or mortality rates. Results: From eight studies, comprising 1017 patients, mean reconviction rates per 100,000 person-years for patients with PD were higher (14,369) than those with MI (7799). However, mean readmission and mortality rates were lower (8403 and 668 per 100,000 person-years) compared to those with MI (13,390 and 1083) per 100,000 person-years. Conclusions: Diagnosis appears to differentially impact on reconviction, readmission and mortality rates. Services could tailor pathways to prioritise symptom management and promoting healthy lifestyles for patients with MI, and reducing reoffending for patients with PD.     

LABELING EFFECTS OF FIRST JUVENILE ARRESTS: SECONDARY DEVIANCE AND SECONDARY SANCTIONING

A growing literature suggests that juvenile arrests perpetuate offending and increase the likelihood of future arrests. The effect on subsequent arrests is generally regarded as a product of the perpetuation of criminal offending. However, increased rearrest also may reflect differential law enforcement behavior. Using longitudinal data from the Project on Human Development in Chicago Neighborhoods (PHDCN) together with official arrest records, the current study estimates the effects of first arrests on both reoffending and rearrest. Propensity score methods were used to control differences between arrestees and nonarrestees and to minimize selection bias. Among 1,249 PHDCN youths, 58 individuals were first arrested during the study period; 43 of these arrestees were successfully matched to 126 control cases that were equivalent on a broad set of individual, family, peer, and neighborhood factors. We find that first arrests increased the likelihood of both subsequent offending and subsequent arrest, through separate processes. The effects on rearrest are substantially greater and are largely independent of the effects on reoffending, which suggests that labels trigger “secondary sanctioning” processes distinct from secondary deviance processes. Attempts to ameliorate deleterious labeling effects should include efforts to dampen their escalating punitive effects on societal responses.     

Low recidivism rates of child sex offenders in a Finnish 7-year follow-up

ABSTRACT

This study examines the recidivism rates of Finnish child sex offenders convicted in 2010 (n = 361) over a follow-up period of seven years. The results indicate that while reoffending for other types of offences was common (34%), offenders had very low sexual crime recidivism rates (1%). In terms of more persistent criminal careers, less than a quarter of the offenders had both a previous criminal history and at least one subsequent offence during the follow-up period. Offenders with child sexual abuse material-related crimes reoffended more rarely than did others. Study limitations and implications for policymaking, media and rehabilitation are discussed.     

Psychologists as ‘the quiet ones with the power’: understanding indeterminate sentenced prisoners’ experiences of psychological risk assessment in the United Kingdom

ABSTRACT

Prisoners serving indeterminate sentences in the United Kingdom do not know when or if they will be released from prison. Release and progression decisions are determined by the risk the ISP presents of reoffending. This makes the assessment of risk a high stakes business for ISPs. Whilst there is a large body of literature focused on prisoners’ general experiences of prison, there is an absence of specific empirical exploration of prisoners’ experiences of risk assessment. This paper aims to address this gap by reporting the results of a qualitative exploration of ISPs’ experiences of psychological risk assessment. Interviews with 10 ISPs were conducted and analysed using Grounded Theory methods. Analysis indicated that prisoners experienced the prison environment as characterised by violence, volatility and suffering. Psychological risk assessment is embedded within this emotionally and physically challenging context but also contributes to the experience of suffering. Within this context, prisoners felt stuck, powerless and out of control in relation to risk assessment, and experienced psychologists as untrustworthy yet powerful. Understanding prisoners’ experiences is the first step in resolving some of the long-reported difficulties in working relationships between psychologists and prisoners as well as making the process more procedurally just.     

Racial Inequality,Ethnic Inequality,and the System Involvement of At-Risk Youth: Implications for the Racial Invariance and Latino Paradox Theses

Drawing from the inequality and crime, racial invariance, and Latino paradox literatures, the effects of inequality on youth reoffending are examined. Specifically, hierarchical logistic regression models are estimated to determine: (1) whether racial and ethnic inequality have similar contextual effects on the continued delinquent behavior of at-risk youth and (2) whether these effects are specific to black or Latino/a youth residing in Maricopa County, Arizona (N = 13,138). Findings suggest that racial inequality increases reoffending while ethnic inequality decreases reoffending. Additionally, Latino/a youth are less likely to reoffend in areas characterized by high income and racial inequality. Structural theories of crime should continue to account for the importance of culture and the resilient responses employed by Latinos/as living in criminogenic environments.     

Beyond Retribution: Conceptualizing Restorative Justice and Exploring its Determinants

Previous research considering reactions to injustice has focused predominantly on retributive (i.e., punitive) responses. Restorative justice, a relatively understudied concept, suggests an alternative justice response which emphasizes bilateral discussion in an attempt to reach a consensus about the meaning of the offense and how to address the transgression. The current research explores the additional contribution of restorative justice processes, examining the extent to which bilateral consensus is viewed as a fairer response to transgressions than unilateral decisions. Results show that, independent of the punishment, restorative responses are generally regarded as fairer than nonrestorative responses. And compared to punishment, which tends to be moderated by offender intent and seriousness of the harm, restorative responses are regarded as particularly fair when the involved parties share an identity. Findings suggest the importance of distinguishing retributive justice from a “restorative notion of justice”—a notion that focuses on addressing concerns over the maintenance of existing social relationships and identity-defining values.

Talk it out: toward a narrative theory of community conferencing

I advance a narrative theory of restorative justice-practice – more specifically a narrative theory of community conferencing practice. I contend that positioning theory, a particular type of narrative theory, enhances the understanding of how community conferencing works. I argue that positioning theory offers a significant advancement of the current theories of community conferencing practice – affect theory and the theory of reintegrative shaming. In order to make this argument, I provide a brief history of the development of the practice of community conferencing, followed by a discussion of the current predominant theories of community conferencing practice. Then, I discuss the value of narrative theory, with a specific focus on the utility of positioning theory. Finally, I apply positioning theory to an understanding of community conferencing practice and suggest areas for future investigation of the utility of the theory.     

Paradigm Muddle or Paradigm Paralysis? The Wide and Narrow Roads to Restorative Justice Reform (or,a Little Confusion May Be a Good Thing)

McCold (2004 McCold, P. (2004). Paradigm muddle: The threat to restorative justice posed by the merger with community justice. Contemporary Justice Review, 7: 13–35. [Taylor &; Francis Online] , [Google Scholar], this issue) argues that community justice and balanced and restorative justice (BARJ) models confuse people and distort the restorative justice movement. We argue that there are many sources of confusion and explain the differences between these approaches. Neither model poses any threat to restorative justice, and both community justice and BARJ can garner new support for restorative justice. We respond to misleading portrayals in McCold’s account of these movements (and of our writings about them) and suggest that more time should be spent on truly critical debates within the restorative justice movement, and in confronting real barriers to restorative justice reforms.     

Justice in relationships: Calgary community conferencing as a demonstration project

Contemporary and alternative justice paradigms lead to definitions of wrongdoing as "lawbreaking" and "harm to social relationships" respectively. The retributive model within the contemporary justice paradigm results in strategies to accomplish justice that focus almost exclusively on the wrongdoer. In contrast, the restorative model within the alternative justice paradigm yields justice practices that focus on the relationships among all individuals harmed by the wrongdoing. Calgary Community Conferencing is an example of a restorative approach to wrongdoing. The relational emphasis of this program is operationalized through its organizational location, intended outcomes, and program activities. The challenges faced by Calgary Community Conferencing provide other agencies with ideas about dilemmas they might encounter in attempting to develop restorative justice programs.