Restorative justice in prisons

Restorative justice (RJ) has found significant utility outside the prison setting. For many reasons, it has not received the same level of consideration inside the institution. While not every case can, or perhaps should be considered for restorative justice processing inside the prison, some could easily fall into the broad purview range of restorative and transformative justice. We provide examples of RJ practices that exist in some prisons focusing on: offending behavior and victim awareness programs, community service work, and victim‐offender mediation, as well as prison systems that exhibit a RJ philosophy. Also considered are the effectiveness of prison RJ practices, and the limitations of such efforts. Although RJ has the potential to have a positive impact on the work of prisons and the experience of imprisonment, it has not found wide acceptance and is currently limited to a relatively small number of prisons and then often only delivered in partial form. We believe that RJ has a realistic future in prison settings and that the contradictions that may be identified are not debilitating.     

In need of a cultural shift to promote restorative justice in Southern Europe

The article describes the main results of a European project on restorative justice (RJ) called Freedom Wings (FW) and presents a new model to promote RJ in Southern Europe, which was developed from FW findings. The principal mission of the FW project is to disseminate best practices of RJ within a transnational network and to promote community participation in conflict prevention and resolution, in order to support individual and social well-being. This paper presents the main findings of multiagency and professional focus groups exploring restorative approaches and community justice. Observation of experts’ social representation of RJ helped the authors to understand the operation of the justice systems in each country and the attitudes of senior officials towards implementing restorative practices in a way that actively involves the community. The analysis shows the necessity of a cultural change in order to switch from a form of RJ managed by the judicial system to one led by the community. The EU project enabled the research team to theorize a model for promoting a relational and restorative community.     

The repentant defendant and the potential of international criminal justice

ABSTRACT

Repentant defendants are a more common feature of the international criminal trial than commonly thought, and offer interesting opportunities to conceptualize the possibility of restorative justice within what is otherwise a conventionally retributive framework. Repentance may arise at different stages of the trial and is an inherent part of the assessment at the plea bargain and sentencing stages. It must be understood as a particular performance from the accused, one that individualizes guilt and performs the sort of moral agency on which international criminal law is otherwise premised. Its force lies potentially in its power to break down some of the constitutive dichotomies of international criminal justice, including those between perpetrator/victim, international/domestic, and retributive/restorative justice. One needs to account, however, for the potential ambiguity of repentance and the fact that it may be subtly exonerating, as well as the fact that international criminal tribunals have reasons to encourage it that have nothing to do with restorative justice. Only if the sincerity of repentance can be ascertained and if it can be addressed to victims may the restorative potential of international criminal justice be realized.     

Bureaucratic justice: the incarceration of mainland Chinese women working in Hong Kong's sex industry

Since Hong Kong's return to the People's Republic of China (PRC) there has been a significant rise in the number of Chinese visitors to Hong Kong, including women crossing the border to engage in sex work. Sex work itself is not a crime in Hong Kong, but related activities, like soliciting, are prohibited. Sex work is treated as work for immigration purposes, and visitors who engage in work without an employment visa are breaching their conditions of stay. More than 10,000 mainland Chinese women have been arrested, prosecuted, and sentenced in recent years, causing the correctional population to expand beyond capacity. The authors examine the experiences of 58 incarcerated women in their encounters with the Hong Kong criminal justice system and find that women are processed in a highly routinized bureaucratic manner. They consider the purpose served by the largely bureaucratic form of justice that has emerged in response to migrant sex workers in Hong Kong.     

On restorative justice practiced in China

The victim-offender reconciliation (VOR), practiced by the basic public security, procuratorates and courts since the advent of 21^st century, is a new mode different from the mediation or conciliation in the procedure of civil litigation or of that accessory to the public prosecution in criminal proceeding. This mode connects the criminal justice with the mediation or private reconciliation by themselves. Thus, non-official settlement can influence the criminal justice and the decisions of authoritative agencies. It is beneficial to restore the victim’s interests, urge the offender to repent for his wrongdoings, compensate for the victim’s loss and restore the damaged social relationship. The VOR in China is the same in essence as the Western restorative justice, so it could be regarded as a Chinese mode of global restorative justice movement. Though the VOR mechanism works well, it still brings some matter in further consideration: (a) the legitimacy of VOR; (b) the conflict against the basic concept of crime; (c) the effect to the social reality.     

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.     

Co-option,coercion and compromise: challenges of restorative justice in Victoria,Australia

Restorative justice (RJ) encompasses a widely diverging set of practices whereby those most affected by crime are encouraged to meet, to discuss the effects of harms caused by one party to another, and to agree upon the best possible redress of harms when appropriate. In its inception in the late 1970s, RJ was conceptualized and developed as an alternative to formal criminal justice practices. Since this time, however, RJ has largely moved from being an alternative to criminal justice practices to an ‘alternative’ practice within criminal justice systems. This institutionalization has resulted in the significant growth of RJ practices, but has also resulted in RJ being used for criminal justice system goals that are at odds with the needs of victims or offenders. This paper examines the use of the Youth Justice Group Conferencing Program in Victoria, Australia. Drawing from interviews with conference conveners, our research highlights problems related to administrative ‘constraints’ and ‘co-options’ in conferencing in terms of referrals, preparation of conference participants, and victim participation. Following presentation of findings, we conclude with a discussion of implications for the use of RJ within a highly institutionalized setting.     

Procedural Justice for Victims and Offenders?: Exploring Restorative Justice Processes in Australia and the US

Sociolegal research indicates that when citizens perceive that legal processes and procedures are fair, both positive and negative legal outcomes will be viewed as acceptable. However, little is known about perceptions of fairness in informal contexts such as in restorative justice (RJ) practices and with victims (and offenders) who participate in these programs. Drawing on interviews with key actors engaged in post-conviction RJ programs for serious crimes in Australia and the USA, this paper asks, do post-conviction therapeutic RJ programs for violent crimes enhance procedural justice for victims and offenders? The data reveal that RJ is compatible with procedural justice for both victims and offenders. Specifically, RJ aids in correcting the harms created by the formal criminal justice system and, thus, satisfies and even greatly enhances procedural justice goals for both victims and offenders.     

The emergence of restorative justice in Sri Lanka: a review essay

Within the framework of retributive justice, crime is understood as an offence against the State and is defined as a violation of law. It represents the punitive approach of reaction to crime, where the offenders are considered as an unwanted group who should be punished. However, with the development of criminology, offenders are identified as the persons needing rehabilitation and reintegration into the society as law abiding citizens. This novel thinking has paved the way to the establishment of the concept of restorative justice where crime is understood to be an infringement on man and human relationship. It involves reintegration of both the offender and victim within the community. The restorative justice principle could be found in community service orders, probation, parole, and other noncustodial measures as alternatives to the traditional incarceration, victim offender mediation, sentencing, peacemaking and healing circles, police cautions, and active participation of victims in the criminal justice process, and so on. This article evaluates Sri Lanka's transformation from retributive justice to restorative justice by incorporating the above-mentioned means and methods to the criminal justice system. Further, it examines how these innovations have affected the crime rate in Sri Lanka.     

Development and use of a restorative justice ideology instrument: assessing beliefs

Researchers have noted that restorative justice (RJ) practices in schools seem to improve targeted outcomes (e.g. decreased office visits, increased grades, etc.). It has been acknowledged that a ‘grassroots’ (beliefs level) buy-in from teachers is necessary for the creation of a school environment that is in line with the ideals of RJ. In the current study, an operational definition for restorative justice ideology (RJI) was developed and used as the basis for the creation of a RJI measurement instrument. This is intended to facilitate understandings of the influence that RJ training has on individuals at the beliefs level, and whether the degree to which an individual holds an RJI is associated with the degree to which RJ practices are carried out at the classroom and school level. An exploratory factor analysis was conducted, a three-factor model was selected, and the instrument was tested for reliability and validity. The RJI was then used to investigate whether other individual differences were related to the RJI of teachers. The outcome of this study was the development of a psychometrically sound RJI instrument. Perspective taking, empathic concern, pupil control ideology, personal distress, and self-efficacy were identified as important characteristics of RJI.     

Problematizing the healing metaphor of restorative justice

Beginning with the premise that our linguistic and cognitive systems are fundamentally metaphorical in nature, this study seeks to explore the predominant metaphor of restorative justice (RJ), the metaphor of healing. Metaphor choice is important, particularly in conflict situations, as they encourage and discourage particular behaviors, attitudes, and perceptions. The conceptualization of RJ as a healing process (where participants heal the wounds caused by offending behaviors) is pervasive and integrated into the academic literature. Perhaps either due to its banality or its seeming beneficiality, we assert that the healing metaphor has not received sufficiently critical reflection. We examined primary metaphor use among RJ facilitators using 319 single-spaced pages of interview data gathered from 20 RJ facilitators. Our results suggest that the healing metaphor is potentially problematic for victims, offenders, and facilitators. We suggest an alternative, garden metaphor, for consideration as an alternative.     

论内地与香港特区间刑事诉讼转移制度的构建

针对同一起跨境犯罪,内地与香港特区在双方根据各自刑事法律均享有刑事管辖权,且均已启动刑事诉讼程序时,可进行区际刑事诉讼转移,即就该案件刑事管辖权的实际行使达成共识,由一方来行使刑事管辖权,对犯罪予以追究,他方承认实际管辖方所做出的刑事判决。在"一国两制"原则的指导下,中国内地与香港特区间开展刑事诉讼转移的刑事司法合作活动,须遵循"双重犯罪原则"、"有限的犯罪地管辖原则"和"一事不二审原则"。内地与香港特区刑事诉讼转移制度的构建,可以从包括原则、条件、程序和刑事诉讼转移的拒绝4个方面入手予以考虑。     

A tale of two states: how U.S. state legislatures consider restorative justice policies

This paper explores recent state legislative processes in Colorado and Texas related to bills proposing support for restorative justice as a juvenile diversion tool for criminal courts. It uses two maximum variation case studies to explore issue statements related to theoretically-supported factors likely to influence the adoption of restorative justice legislation, and draws conclusions about the importance of political partisanship, economic strain, and key figures such as policy entrepreneurs, advocacy coalitions, and interest groups in legislative decision-making. Emerging themes suggest that support for restorative justice policies is at least sometimes bipartisan and is unlikely to be motivated by economic interests. Collaborative processes within a traditionally adversarial system distinguished successful restorative justice decision-making in Colorado.     

Laboratory Experiments: A Meaningful Contribution to Restorative Justice Research?

Advocates of restorative justice (RJ) argue that the process offers a more effective means of responding to crime than the formal criminal justice system, and many studies have evaluated RJ positively across a variety of outcome measures, particularly in comparison to court based procedures. However, the RJ literature contains few studies that directly test the factors affecting RJ participants’ behaviours and experiences, so little is known about the specific factors that influence how, and for whom, RJ works. In this paper, we argue that the expanded use of experimental laboratory methodologies will broaden and strengthen our understanding of the basic mechanisms by which RJ operates. We describe some ways in which experimental laboratory research may enhance understandings of apology in restorative settings as well as public support for RJ, and we emphasise the need and the potential to overcome barriers of artificiality in laboratory settings. This analysis of laboratory methodologies and the field of RJ research indicates that creative and well-designed experimental laboratory studies can advance knowledge in this area, allowing researchers to investigate how particular components of RJ contribute to the success or failure of RJ processes.     

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.     

An outcome evaluation of a restorative justice alternative to incarceration

Restorative justice has become an increasingly popular alternative to traditional applications of criminal justice. The emphasis on victim needs and the personalizing of conflict resolution offers an attractive choice for those dissatisfied with the adversarial, impersonal, and retributive focus of the present criminal justice system. Many evaluations of restorative justice programs, especially those with a diversion goal, have rarely controlled for the possibility of net widening and the influence of offender risk on recidivism. This evaluation examined a prison diversion program that followed restorative justice principles. Using a matched comparison group and controlling for offender risk, the program demonstrated a diversion effect and a significant reduction in offender recidivism. The results are encouraging for jurisdictions experimenting with this new approach to justice and seeking a more integrated role for victims in criminal justice processing.     

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.     

Real-world assignments for restorative justice education

Academic coursework on restorative justice is rapidly emerging in professional schools. As members of applied disciplines entrusted to serve the public good, students must be readily able to transfer classroom-based learning into real world application. This paper describes a weekend intensive, multidisciplinary graduate school course and how three ‘real world’ assignments are used to integrate restorative justice values, principles, and practices. The assignments include interviews with criminal justice representatives, group projects that propose restorative justice practices for addressing social issues and legal cases, and participation in community-based programs. The assignments use processes grounded in experiential learning theory to underscore various dimensions of restorative justice. They also convey and deepen the understanding of restorative justice principles and practices while at the same time develop a sense of moral agency in students.     

Restoring the professor and the students: a circle process and contemplative practices in a restorative justice seminar

Limited research is published on teaching restorative justice in the criminal justice or justice studies curriculum in higher education. This article contributes to the discourse on restorative justice pedagogy by discussing a restorative justice seminar that is taught in a circle process with contemplative practices. Students learn the process of circles, one of the major processes in restorative justice practice, by modeling the practice with participation and leadership. Contemplative practices enhance the learning of restorative justice with meditation and reflection.