Restorative justice: the indigenous justice system

Dramatically different beliefs about justice will produce dramatically different methods for achieving justice. The beliefs underlying the traditional Indigenous restorative justice systems, systems that dramatically differ from the European-based system practiced in the USA are presented. The discussion highlights the legacy of colonialism for tribal communities and the resilience and creative resistance that have continued to characterize the spirit and ingenuity of Indigenous peoples.     

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.     

论品格证据在未成年人恢复性司法中的运用

品格证据是指证明诉讼参与人的品格或品格特征的证据,即专属和区分不同个体的道德品质总和.由于未成年人恢复性司法的适用对象、启动和强化都需要品格证据的支持.因此,有必要在未成年人司法中引入品格证据,以期完善我国未成年人司法制度.在具体的设计中,品格证据的调查主体应由基层司法行政机构来承担;品格证据的调查内容应包括:身心方面、家庭方面、社会交往方面、成长经历和案发后的表现.同时,为了保证未成年人恢复性司法能更好地发挥作用,品格证据应贯穿于未成年人恢复性司法的启动、协商和后续活动之中.     

A systematic review and meta-analysis on the effects of European drug treatment programmes on reoffending

This article presents the results of a systematic review and meta-analysis on the effects of treatment programmes for drug abusing offenders in Europe, using stringent eligibility criteria to control for threats to internal validity. A literature search of approximately 37,000 titles revealed 15 sound evaluations from six countries, containing 3953 participants. There were significant positive overall effects of treatment on crime (d=0.47) and illicit drug use (d=0.38). Most evaluations originated from the UK and evaluated primarily substitution therapy-based treatment. Evaluations of other interventions were a minority. Our findings support the use of treatment programmes among substance-abusing offenders. However, these results are limited to a small set of programmes from very few countries. Therefore, sound evaluations on a range of treatments across Europe are needed.     

White privilege,juvenile justice,and criminal identities: a qualitative analysis of the perceptions and self-identification of incarcerated youth

This study examines in-depth interview data from thirty male juveniles incarcerated in a private correctional facility in the Midwest. Comparing the perceptions and experiences of 14 white male youth with 8 Native American, 4 black, and 4 Latino participants, white privilege was reflected in responses involving perceptions of the self as a ‘criminal’. Youth of all races described the effect of correctional facilities on their self-identification as a ‘criminal’ and youth of color were more likely than white youth to report the feeling that other community members viewed them as criminal before and after being arrested. Overall these findings demonstrate the ‘clean slate’ that white youth begin with compared to youth of color. Ultimately, time spent in a correctional facility appears to liken white youth’s perception of themselves as criminals to the self-identification of youth of color. Policy implications include implementing alternatives to incarceration, such as community service requirements to reintegrate youth into the community and avoid the negative effect of incarceration on the identities of juveniles. For youth of color, reducing racial discrimination is necessary to end the self-fulfilling prophecy and the sense of being labeled a criminal by the community prior to incarceration.     

Mediation and Restorative Justice in Belgium

In this article we present, discuss and try to evaluate initiatives which were recently introduced into the Belgian criminal justice system, aimed at the development of creative answers to crime that avoid the use of traditional prison sentences. We decided to focus this analysis on the practice of mediation as it is actually considered the most innovative approach to the crime problem. Mediation as a problem-solving intervention has to be considered in direct relation to the discussion of the purpose of the criminal justice system. By putting the emphasis on the dialogue between the victim and the offender, a common solution is worked out with the help of a mediator. In this way reparation, redress and sometimes even reconciliation become core values of the penal action.     

The organizational justice effect among criminal justice employees: A meta-analysis*

Organizational justice has been shown to be an important predictor of criminal justice employees’ work-related perceptions, attitudes, and behaviors. In this study, we take stock of the organizational justice effect on criminal justice employees’ work outcomes by subjecting the literature to a meta-analysis. Multilevel modeling based on 1,924 effect size estimates drawn from 143 studies (95 independent data sets) was used to establish the empirical status of the organizational justice effect. The results indicate a sizeable relationship between organizational justice and justice system employee work outcomes (Mz = .256, CI = [.230, .283]). The findings also demonstrate that the organizational justice effect size varies slightly across several methodological variations. Specifically, the organizational justice effect size is larger when the concept is measured with scales that contain survey items tapping into all four dimensions of justice. Also, we found that outcome type, presence of confounding mechanisms, research design, and sample characteristics moderate the justice effect. We conclude that organizational justice theory is a useful framework for developing a more theoretically informed understanding of justice system employees’ work outcomes. We discuss the theoretical implications of the meta-analytic findings and avenues for future research based on the results.     

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.     

Ex-offender employment programs and recidivism: A meta-analysis

One consequence of the tremendous growth in the number of persons under supervision of the criminal justice system, whether incarcerated, on parole, or on probation, is the effect of this criminal history on finding and keeping a job. Ex-offenders, especially those recently released from prison, face substantial barriers to many types of legal employment; nonetheless, stable employment is one of the best predictors of post-release success. Thus, policy-makers concerned about high recidivism rates face an obvious need to improve the employment prospects of ex-offenders. Over the last 25 years, many programs that were designed to increase employment (and, by so doing, reduce recidivism) among ex-offenders have been implemented and evaluated. [Wilson, D. B., Gallagher, C. A., Coggeshall, M. B. & MacKenzie, D. L. (1999). Corrections Management Quarterly 3(4), 8–18; Wilson, D. B., Gallagher, C. A. & MacKenzie, D. L. (2000). Journal of Research in Crime and Delinquency 37(4), 347–368] conducted a quantitative synthesis and meta-analysis of 33 evaluations of educational, vocational, and work programs for persons in correctional facilities. To date, however, the evaluation literature on employment programs for those with a criminal record who are not in custody has not been systematically reviewed. This paper presents the results of a quantitative meta-analysis of eight random assignment studies of such programs, using the Campbell Collaboration methodology. The results indicate that this group of community employment programs for ex-offenders did not reduce recidivism; however, the experimental design research on this question is small and does not include some of the promising community employment programs that have emerged in the last decade.     

The Evolution of Balanced and Restorative Justice

Maloney, Armstrong, and Romig presented a portrait of “Joey,” who was the exemplar of what was wrong with the juvenile justice system, in 1988 when they published The Balanced Approach in this Journal. In response, they reimagined a juvenile justice system predicated on balancing three fundamental goals—protection of community, accountability to victims, and development of competencies to prepare juvenile court‐involved youth for productive roles in their communities. The authors examine the evolution of balanced and restorative justice and re‐imagine how Joey's life may have been different at critical junctures of his juvenile court involvement.     

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.     

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.     

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.     

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.     

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.     

Correcting Community Service: From Work Crews to Community Work in a Juvenile Court

In 2001, the Clark County Juvenile Court in Washington State implemented the use of “restorative community service” (RCS) as part of its larger adoption of a restorative justice framework. This paper explores the court’s implementation and use of RCS, including: (1) the types of institutional changes made by the court in its development of RCS, (2) the types and qualities of social interactions observed by the researcher through participant observation at several RCS sites, (3) the practical implications of these findings for proponents of restorative justice in the use of community service in youth settings, and (4) the theoretical implications of these findings for sociological and criminological research on community service.     

刑事和解:误读与澄清——以与恢复性司法比较为视角

在西方,刑事和解是恢复性司法的起源与模式之一。在我国,刑事和解起源于轻伤害案件处理方式的改革,是民事赔偿责任的和解,更强调当事人双方矛盾的化解,而非社会关系的全面恢复,属于原发性的而非继发性的、整体性的而非平行性的司法举措。     

The Rwandan diaspora in Canada and the United States: reconciliation and justice

Following the 1994 Rwandan genocide, many Rwandans fled and a modest diaspora was established throughout Canada and the United States. Diaspora are subject to many of the same concerns regarding justice and reconciliation as those who remain in Rwanda. This research focused primarily on how this diaspora attempted to achieve justice and reconciliation, if institutional mechanisms (gacaca) in Rwanda had a residual effect, and if they created any specific mechanism to facilitate justice and reconciliation among themselves. In-person and telephone interviews were conducted with eight members of the diaspora in the United States and Canada between May 2015 and March 2016.

Interviews suggested that justice among the diaspora is inherently connected with justice in Rwanda, and participants felt that justice has not been achieved in either location. Reconciliation among the diaspora, while tied to reconciliation in Rwanda, may be its own construct. Interviews demarcated ‘thin’ reconciliation and ‘thick’ reconciliation, suggesting that ‘thin’ reconciliation exists among the diaspora, but that ‘thick’ reconciliation is rare. Discussion of gacaca was limited, as participants stated it did not address justice and reconciliation in Rwanda. Participants did not report any diaspora specific mechanism regarding attempts at justice and reconciliation.     

Hot spots policing and crime prevention: A systematic review of randomized controlled trials

Crime scholars and practitioners have argued that police actions should be focused on high-risk crime places rather than spread thinly across the urban landscape. This review examines five randomized controlled trials of the effects of concentrating police enforcement efforts on crime hot spots. The findings of these evaluations suggest that focused police actions can prevent crime and disorder in crime hot spots. A meta-analysis of the effect sizes from the five experiments reveals a statistically significant mean effect size for hot spots policing interventions; this suggests overall reductions in citizen calls for service in the treatment hot spots relative to the control hot spots. These studies also suggest that focused police actions at specific locations do not necessarily result in crime displacement. Although these evaluations reveal that these programs work in preventing crime, additional research is needed to unravel other important policy-relevant issues such as community reaction to focused police enforcement efforts.