Restorative Justice: The Challenge of Sexual and Racial Violence

The paper reviews the theory and policy proposals of recent formulations of abolitionism and restorative justice. Challenges are posed to some of the assumptions of abolitionism by considering its applicability to acts of violence against women, children, and minority ethnic citizens. In particular, the assumptions that dangerous offenders are few, and that the 'meaning' of a harmful act is negotiable between perpetrators and victims, are called into question. The symbolic function of criminalization and penalization is discussed. The paper considers whether the strategies suggested by recent proponents of forms of abolitionism and restorative justice can satisfy doubts about the adequacy of earlier abolitionist formulations in relation to both the symbolic and instrumental functions presently served by criminal law.Whilst calls for further criminalization and penalization of racial, sexual, and domestic violence are understandable, the abolitionist case that retributive justice is more likely to increase rather than reduce such violence, and to leave victims unsatisfied, is defended.     

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.     

Fighting back: Lethal responses to predatory attacks

Each year millions of Americans become victims of predatory crimes. The way victims respond to these attacks varies from complicance with offenders' requests to physically challenging offenders. In some cases, the physical defense of self and property has lethal consequences for the initial offender. While much is known about felony murder victims and typical homicide offenders, little is known about individuals who fight back against predatory attack by using lethal violence. In this paper, we use data from the Homicides in Chicago, 1965–1995 study to describe the characteristics of defensive homicide offenders and to determine how they compare with felony murder victims and defensive homicide offenders. Our results indicate that defensive homicide offenders are more similar to typical homicide offenders than felony murder victims, and are even more likely to have violent criminal histories and to use firearms than typical homicide offenders. Our results challenge the common perception that individuals who fight back against predatory attack are simply “law-abiding citizens.” We conclude the paper with a discussion of the implications of our study for additional research and police practice. Authors' Note: The authors thank editor Dennis Stevens and James Black for their helpful comments on earlier draft of the paper.     

Burundi’s rebel groups and the stigmatisation of wartime sexual violence

ABSTRACT

Despite assumptions about the ubiquity of wartime sexual violence, some armed actors work hard to generate negative views of rape and other abuses. This article qualitatively explores rebel group stigmatisation (and stigma) of wartime sexual violence and prohibitive normative practices. Regularly discussed with reference to the shaming of victims or survivors, stigmatisation is nonetheless utilised here as a concept for understanding how sexual coercion is “made” deviant and consequential for potential perpetrators. Two rebel groups from Burundi’s civil war (1994–2008), CNDD-FDD (National Council for the Defence of Democracy-Forces for the Defence of Democracy) and FNL (Palipehutu-Forces for National Liberation), are compared. The FNL stigmatised rape and sexual assault, and the nature and quality of its practices shaped negative social norms surrounding rape. The article’s main contribution is to demonstrate the need to deepen and widen the evidence base on the prevention of wartime sexual violence.     

Child sexual victimisation: ethnographic stories of stranger and acquaintance grooming

Abstract

In recent years research into child sexual offending has highlighted “grooming” as an important part of the offence chain. Topics that have come to dominate the research agenda have focused on the offenders' perspectives, psychological models of offending behaviour and how child sex offenders (CSOs) are managed and treated in local communities (for example through Multi-Agency Public Protection Arrangements). Whilst these studies are extremely important, one area that has suffered from a lack of research and visible debate is how victims, their families and local communities experience grooming in situ and on a day-to-day basis. Using observational, interview and document data collected from an ethnography of a south-east coast community that houses a number of CSOs, this article examines the strategies used by strangers and acquaintances when grooming the local environment, significant others and children. Importantly, these grooming experiences are articulated from the perspective of the victims and their families. In doing so, the article discusses the implications that these experiences have for understanding offender–victim behaviours.     

Retribution or restoration? Anglo–Australian's views towards domestic violence involving Muslim and Anglo–Australian victims and offenders

Abstract

The current study explored how gender, group membership and different emotional reactions to the crime of domestic violence predict attitudes and endorsement of restorative or retributive justice practices. The experiment consisted of a 2 (victim group membership: Muslim- or Anglo–Australian)×2 (offender group membership: Muslim- or Anglo–Australian)×2 (Sex of participant) between-participants factorial design. Anglo–Australian participants (43 men; 50 women) were randomly assigned to one of the four manipulated conditions, and completed an online questionnaire that involved viewing a short video clip of a woman describing her experience as a domestic violence victim. Results revealed strong preferences for restorative justice in dealing with domestic violence, with women supporting this practice more than men. The crime was perceived as most severe and retribution was endorsed most strongly when the victim was Anglo–Australian (i.e. an in-group member). Intra-group violence was also perceived to be a greater breach of shared Australian values than inter-group (i.e. cross-cultural) domestic violence. Emotional reactions further predicted participants' responses, with hatred predicting stronger support of retributive ideals and sympathy for the victim predicting greater endorsement of restoration.     

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.     

The truth and the trial: victim participation,restorative justice,and the International Criminal Court

In the field of international criminal justice, the international criminal court (ICC) has been lauded for its integration of victim participants into its legal proceedings. In particular, the ICC’s framework of victim participation has been understood to figure as a balance between retributive and restorative justice as it enables the actual voices of the victims to be heard. However, there has been little research that considers how victim participation works in practice as a form of truth-telling. In order to begin to address this gap, the integration of the ‘voices of the victims’ into the proceedings and outcome of The Prosecutor v. Thomas Lubanga Dyilo is explored. The forms of harms and experiences that comprise the truth of the events under adjudication put forward by the victim participants are considered, and then how the truth-telling functions of the ICC represent these states of injury. While the ICC’s legal proceedings enable victims to speak of their harms and experiences, their ‘voices’ are largely absent from its judgment. To address this issue, the ICC needs to develop and maintain a level of ‘restorative justice coherence’ to manage victims’ expectations of its justice approaches.     

From the Inside/Out: Greene County Jail Inmates on Restorative ReEntry

The application of criminal justice sanctions is often misguided by a failure to recognize the need for a comprehensive approach in the transformation of offenders into law-abiding citizens. Restorative justice is a growing movement within criminal justice that recognizes the disconnect between offender rehabilitative measures and the social dynamics within which offender reentry takes place. By using restorative approaches to justice, what one hopes of these alternative processes is that the offenders become reconnected to the community and its values, something rarely seen in retributive models in which punishment is imposed and offenders can often experience further alienation from society. In this study, the authors wish to examine factors that contribute to failed prisoner reentry and reintegration and explore how restorative reintegration processes can address these factors as well as the needs, attitudes, and perceptions that help construct and maintain many of the obstacles and barriers returning inmates face when attempting to reintegrate into society.     

Community justice/restorative justice: Prospects for a new social ecology for community corrections

Community corrections policies and programs have lacked a framework which articulates strategies for engaging community groups and defines roles for citizens in the corrections process. In this paper we critique both traditional approaches to community corrections based on an individual treatment model and the new “get tough” approaches which emphasize punitive sanctions and surveillance. We outline a restorative justice model as an alternative to both of these one‐dimensional, case‐driven approaches. The restorative model targets victims, communities, and offenders for intervention and attempts to engage each of these correctional clients in an effort to repair harm, strengthen communities, and reintegrate offenders following appropriate sanctioning. Obstacles to implementation and threats to cooptation and dilution of a restorative agenda are discussed.     

Narrative accounts from the citizens,victims, and offenders restoring justice program

This paper describes the Citizens, Victims, and Offenders Restoring Justice (CVORJ) program, a prison-based program conducted as a pilot study at the Washington State Reformatory. The program brings together offenders and victims - though not involved in the same crime - in the company of interested community members to discuss restorative justice principles. The program focuses on the sharing of personal narratives of crime to explore how the harms resulting from crime can best be addressed and justice achieved. Of interest was how a restorative justice model that highlighted community participation could be incorporated into a correctional setting and whether healing could result from the use of surrogate offenders, victims, and community members. The restorative nature of the program, its method of operation, results from the qualitative evaluation, and key implementation challenges are presented.     

Feminist Prosecutors and Patriarchal States

In Prosecuting Domestic Violence: A Philosophical Analysis, Michelle Madden Dempsey focuses on the dilemma prosecutors face when domestic violence victims are unwilling to cooperate in the criminal prosecution of their abusive partners. Starting from the premise that the ultimate goal should be putting an end to domestic violence, Dempsey urges prosecutors to act as feminists in deciding how to proceed in such cases. Doing so, Dempsey argues, will tend to make the character of the prosecutor’s community and state less patriarchal and thus help stamp out domestic violence. This article analyzes two issues arising from Dempsey’s work: first, whether prosecutors can justifiably be viewed as representatives of their states and communities; and, second, how prosecutors committed to using their discretion to battle both domestic violence and patriarchy would go about determining in a particular case whether to pursue criminal charges against the wishes of a victim.     

Where Do They Belong? Giving Victims a Place in the Criminal Justice Process

Historically, victims once had an active participatory role in the criminal justice process and were responsible for not only initiating but also for prosecuting offenders. In common law countries, victims were gradually sidelined and by the 20th century, their role was reduced to that of a witness to a crime against the state. The exclusion of victims from the criminal justice process is a major source of dissatisfaction for victims as many of them want to participate in the criminal justice process. This has fuelled initiatives with restorative justice that claim to more fully include victims than conventional criminal justice. This paper examines three different approaches found in the literature on how to let victims participate. One view is that victims should leave the criminal justice system and that criminal justice should be replaced by alternative, restorative justice schemes in which victims are granted full recognition and respect for their dignity. A second approach is to integrate restorative practices such as victim-offender mediation in the criminal justice process. The third approach is to integrate victim participation and respect (so-called restorative values) in the criminal justice system. These three approaches are discussed and compared with one another. The paper closes with recommendations for criminal law reform.     

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.     

Male peer support and a feminist routing activities theory: Understanding sexual assault on the college campus

Routine activities theorists traditionally have assumed offenders' motivation and victims' suitability from demographic correlates, and have done little to study effective guardianship. In this paper we ask questions directly of male date rape offenders to test the proposal that male peer support provides motivation; we ask lifestyle questions directly of both female victims and male offenders; and we discuss the extent to which abusive peers eliminate guardianship. Data from the Canadian National Survey support routine activities theory, and show that men who drink two or more times a week and have male peers who support both emotional violence and physical violence are nearly 10 times as likely to admit to being sexual aggressors as men who have none of these three traits.     

Current cognitive distortion theory and research: An internalist approach to cognition

Abstract

This review examines contemporary cognitive distortion theory and research relating to sexual offenders. In particular, this review highlights that researchers—to date—have tended to adopt an internalist approach to sexual offenders’ cognition which views offence-supportive cognitive activity as occurring solely within the mind. This review indicates that literature and research examining sexual offenders’ cognitions has benefited a great deal from adopting internalist approaches to cognition. From this review of the literature, implications are presented for how such knowledge may be used in practical applications with sexual offenders (i.e. a collaborative enquiry of sexual offenders’ cognition). Suggestions are also made for how researchers and professionals may be able to extend the meaning of cognition for sexual offenders, and expand upon our current internalist approaches to sexual offenders’ cognition.     

Attachment,anger and anxiety of male sexual offenders

Abstract

Common factors underlie sexual and non-sexual aggression, and they co-occur at high rates. This study reports on whether Dutton et al.'s model of partner abuse (1994) also predicts sexual offender status. Incarcerated sexual offenders (n?=?144) and non-sexual offenders (n?=?34) completed a voluntary, anonymous survey of attachment, anger and anxiety measures. Sexual offenders produced significantly higher insecure attachment (p?=?0.001), anger (p?<?0.05) and generalized anxiety (p?<?0.01) scores than non-sexual offenders. Intended multivariate analyses were prohibited by multicollinearity between predictors. Although insecure attachment, anxiety and anger distinguish sexual from non-sexual offenders, their predictive power in a multivariate model is yet to be determined. Awareness of the co-occurrence of sexual and non-sexual violence would improve assessment and treatment approaches for professionals in both arenas.     

Harm and Repair: Observing restorative justice in Vermont

This paper analyzes the decision-making process for negotiating reparative contracts with offenders in a restorative justice model. Based on a content analysis of videotaped Community Reparative Board meetings with probationers in Vermont, this paper defines restoration as a core concept in restorative justice; examines how boards identify harm to victims and community; discusses how boards identify strategies to repair identified harm; addresses how repair often becomes a line item in reparative contracts; and offers interpretation for situations in which harm is not identified and/or not repaired.     

Musci preferences as data in assessing and treating offenders and victims

Contemporary music has been criticized for promoting violence, hatred, misogyny, sexual excess, drug and alcohol abuse, suicide, narcissism, and self-pity. The authors, a criminologist licensed as a mental health counselor and a clinical psychologist, have found that exploring individuals' music preferences can often provide invaluable assistance in understanding how offenders and victims fulfill existential needs common to both of them. These insights can be useful in setting appropriate therapeutic goals, assessing violence potential toward self and others, and making recommendations regarding the need for placement in a secure facility. Notes Paper delivered at the 1998 Annual Meeting of the Academy of Criminal Justice Sciences, Albuquerque, New Mexico, March.     

When Juveniles Commit Sexual Offenses: Considerations and Recommendations for Judges

Considering sexual offenders’ impact on victims, families, and communities, one cannot understate the importance of utilizing evidence‐based dispositions with juvenile offenders adjudicated for sexual offenses. This proves difficult, however, as the body of literature regarding juvenile sexual offenders is complex and often misunderstood. Research on how juvenile sexual offenders experience – broadly construed – the juvenile justice process is particularly sparse. The research that is available about juvenile sexual offender treatment, recidivism, and outcomes in general tends to be mixed as to the best way to deal with this distinctly stigmatized population. Thus, the purpose of this review article is primarily educational in that we summarize the highlights of current research and thinking in regards to juvenile sexual offenders with which judges should be familiar, and subsequently offer practice recommendations. The ultimate goal in offering and applying these recommendations in juvenile court settings is to help alleviate potential collateral consequences, increase positive long‐term outcomes for juveniles, and increase public safety.