The Victims’ Directive and What Victims Want From Restorative Justice

Following fierce campaigning by victims’ groups, the European Commission has entered into a process of legislative and policy reforms with the aim of repositioning the victim in criminal proceedings. By November 2015, member states will need to have demonstrated that they have modified their domestic laws to give effect to the Directive 2012/29/EU establishing minimum standards on the rights, support, and protection of victims of crime. For the first time, restorative justice is explicitly regulated at EU legal level, as the Directive aims to establish a baseline for its safe implementation across member states. With this EU-wide policy backdrop and using original data, the article posits evidence-based recommendations for the implementation of the Directive. The research was carried out in 2013–14 as part of the “Restorative Justice in Europe” project co-financed by the European Commission. The research took place in the United Kingdom and combined desk research and qualitative research strategies with victims, while it triangulated its findings with follow-up surveys with offenders and professionals.     

The “Independent Variable” in Restorative Justice: Theory-Based Standards for Evaluating the Impact and Integrity of Victim Sensitive Process (Part II)

For almost two decades restorative justice practices have demonstrated positive impacts on crime victim satisfaction when compared to court and other adversarial processes. Although these practices have by no means addressed the myriad needs of crime victims, researchers and policy makers have puzzled about how to interpret these generally positive findings. We suggest that remaining difficulties in concluding that positive findings are a result of restorative process rather than some other factor (e.g., procedural justice) are due largely to (1) the lack of clear standards for gauging the integrity, or “restorativeness,” of interventions and (2) the failure to articulate logical mechanisms (i.e., intervention theories) that connect practices to immediate and intermediate outcomes, and these outcomes to long-term changes in the well-being of victims, offenders, and communities. In part 1 of a two-part discussion previously published in this journal, we described alternative definitions of restorative justice and outlined three core principles that provide a useful normative theory of restorative justice. In part 2, we focus on the “intervening variable” in restorative justice, utilizing qualitative data from a national case study to illustrate some potential immediate and intermediate outcomes of restorative justice practice on victims. We also discuss the implications of these outcomes for intervention theory and future research.     

Rethinking Prison Disciplinary Processes: A Potential Future for Restorative Justice

Abstract

The movement for restorative justice (RJ) has struggled with marginalization on the soft end of the criminal justice system where the threat of net widening and iatrogenesis looms large. To realize the full potential of RJ as an alternative philosophy of justice, restorative practices need to expand beyond the world of adolescent and small-level offenses into the deeper end of the justice system. Disciplinary hearings inside of adult prisons may be a strategic space to advance this expansion. This article presents findings from a study of prison discipline in four U.K. prisons. The findings strongly suggest that in their current form such disciplinary proceedings are viewed by prisoners as lacking in legitimacy. Although modeled after the adversarial system of the criminal court, the adjudications were instead universally derided as “kangaroo courts” lacking the basic elements of procedural justice. Based on these findings, we argue that RJ interventions may offer a viable redress to these problems of legitimacy which, if successful, would have ramifications that extend well beyond the prison walls.     

Looking Back to the Future: Threats to the Success of Restorative Justice in the United Kingdom

Abstract

Recent years have witnessed an entrenchment of restorative justice principles and practices in the youth and adult criminal justice systems of the United Kingdom. This research presents a comparative analysis of the findings of two empirical studies—one of a police restorative cautioning scheme conducted 15 years ago, and the second a contemporary study of youth offender panels. In this research, we argue that restorative justice practices in the United Kingdom are repeating history, rather than learning from it. Specifically, we argue that if restorative justice programs continue to proliferate with the same shortcomings—most notably, inadequate victim involvement, failure to provide a genuine role for the community, and targeting only relatively low-level crime—the future for restorative justice in the United Kingdom is likely to be bleak.     

“Yardsticks” for Victim Sensitive Process: Principle-Based Standards for Gauging the Integrity of Restorative Justice Process

For almost two decades restorative justice practices have demonstrated positive impacts on crime victim satisfaction when compared to court and other adversarial processes. Although restorative justice practice has by no means addressed the myriad needs of the majority of crime victims, researchers and policy makers have puzzled about how to interpret these generally positive findings. We suggest that remaining difficulties in interpretation and application of findings are due largely to (1) the lack of clear standards for gauging the integrity, or “restorativeness,” of interventions and (2) the failure to articulate logical mechanisms (i.e., intervention theories) that connect practices to immediate and intermediate outcomes, and these outcomes to long term changes in the well-being of victims, offenders, and communities. This article focuses primarily on the first problem, defining the “independent variable” in restorative practices aimed at having an impact on crime victims. Using qualitative data from a national case study, a principle-based approach to evaluation with implications for intervention theory and both input and outcome measures in future research is proposed and briefly illustrated.     

Restorative Justice Models in Cases of Intimate Partner Violence: Reviewingthe Evidence

Despite increased public awareness and professional intervention, men's violence against their female partners continues to be a grave reality that challenges those involved to seek better solutions. In recent years, restorative justice has become an established alternative to the criminal justice system for dealing with a number of crimes, and is now starting to be applied to cases of intimate partner violence. However, given the unique social, relational, and psychological contexts of these crimes, doubts are also emerging around the appropriateness of these applications. This paper addresses this debate by reviewing the evidence supporting the use of restorative justice models for various populations, and their ability to address the particular concerns of those affected by intimate partner violence. It explores the fit between restorative justice principles and processes, and what is known about the needs and capacities of this group of victims, offenders, and the communities to which they belong. It is concluded that while the restorative justice model shows promise, there is insufficient evidence at this time to support its use in situations of intimate partner violence.     

What Foster the Climate for Merit?: Test of a Mediation Model

ABSTRACT

The failure of performance management in the public sector can be conceived as the failure to create the right climate for merit. This study proposes a mediation model explaining howorganizational climate for merit can be fostered. The analysis of the 2015 Federal Employee Viewpoint Survey reveals that constructive use of effective performance feedback and encouraging participation will help create a climate for merit and that such associations were mediated by organizational justice perception and trust toward their supervisor.     

The Sexual Trafficking of Juveniles: A Theoretical Model

Research on the sexual trafficking of juveniles has increased. However, there has been no theoretical model developed incorporating variables into a systemic, interactive analysis of the issue. Utilizing Parsonian functionalism as its foundation, the authors developed such a model. The model is based on sociological, criminological, and psychological theories and concepts with a particular emphasis on the role of environmental design in trafficking. Unique to this study, the authors propose that a symbiotic relationship exists between the adolescent brain and trafficker as psychopath as contextualized in the Stockholm syndrome. We offer research and policy implications based on the model.     

Trust Matters: Distrust in an External Evaluation of a Public Sector Program

This article draws upon autoethnographic data to explore distrust in an evaluation relationship from the perspective of an external evaluator. The study is based within a local-level evaluation of an economic regeneration program. The longitudinal nature of the study allowed for trust and the evaluation relationship to be examined with time and process present—a gap in previous evaluation studies. The exploration demonstrates various causes and symptoms of distrust within one evaluation. The article also reflects on the autoethnographic research approach adopted.     

Civilization and international society: the case of European Union expansion

Joining a society of some kind requires the fulfillment of certain standards. In international society, states acknowledge the need for certain collective standards of international conduct if international order is to be maintained. The first truly global application of international norms took place during the nineteenth century through the process of the expansion of the European society of states and its gradual transformation to the contemporary global international society. In this process, the standard of ‘civilization’ played an essential role in determining which states would join the expanding European society and which ones would not. Despite the major changes that have occurred, the standard of ‘civilization’ has remained an international practice as well as a benchmark against which the attitudes and policies of states are assessed. Nowhere can this be seen more clearly than in the EU policy of ‘membership conditionality’. Although many explanations for EU expansion have been put forward rather absent from debate has been the civilization dimension which is embedded in membership conditionality and which should be given more emphasis.     

The Special Needs of Victims of Torture or Serious Violence: A Qualitative Research in EU

Abstract

In recent years ongoing wars and serious violations of human rights have driven increasing numbers of people away from their homes, especially in the Middle East and Africa to countries in the European Union to seek asylum. It is estimated that between 5% and 35% of these asylum-seekers and refugees have suffered from torture or serious violence. Studies and practice have shown that an appropriate response to the special needs of victims of torture or serious violence contribute to reduce survivors’ suffering and provide properly international protection. EU legislation recognizes that such vulnerable individuals have special needs, but few of these needs have already been identified and recognized as such. This article reports on a qualitative study carried out in six EU countries - France, Germany, Greece, Italy, Malta and Portugal - to explore the special needs of victims of torture or serious violence who present among asylum-seekers, during the asylum request procedure, in reception, and throughout rehabilitation and social integration. The study aims to release into the academic community the results of a large policy and practice-oriented study.     

When things get hairy: afros,cornrows, and the desegregation of US military hair salons in West Germany

This article employs ‘hair’ as a lens for investigating the ways in which black women’s experiences in the US military and West Germany were racialized and, at the same time, gendered. Based on the personal stories of Women’s Army Corps member Babette Peyton, who got court-martialed in Germany in 1975 for wearing her hair in cornrows, and Marie Davenport, teacher and beautician in Frankfurt, who desegregated the local military hair salon, this article uncovers black women’s mundane activism against racial and gender discrimination. Their experiences and perseverance demonstrate that black military women made critical contributions to the Civil Rights Movement while abroad in Germany.     

Developing a peace course in police studies: how a culture of peace can enhance police legitimacy in a democratic society

This paper reflects my experiences developing a course within the Criminal Justice Technology Associates of Science degree program at Valencia College that fuses topics unique to peace and police studies. The key challenge in developing this course was in confronting the paradox of the police as instruments of both peace and conflict. In dealing with this paradox, students examine the role of the police in a democratic society and the authority of the police to use coercive force. Key topics covered in this course include defining peace, the police role in peace movements, the history, structure and strategies affecting the police, causes of violence, conflict analysis and conflict intervention, and ethical foundations for peace. In addition, this course examines occupational, organizational, institutional factors that contribute to the development of a unique police subculture that values crime fighting as its core responsibility and the impact of that orientation on police attitudes and behaviors toward the public. Throughout the course, students are challenged to envision a new paradigm for policing that emphasizes a culture of peace rather than a culture of conflict.     

Rise of xenophobic nationalism in Europe: A case of Slovenia

The article focuses on rise of nationalism and xenophobia in Slovenia. It starts by considering the issue of unrecognized minorities in Slovenia (former Yugoslavia nations) that have no minority rights, despite being large groups, as many international organizations for the protection of minorities have pointed out. A particular issue in this relation for Slovenia is the ‘Erased’ – the individuals who did not acquire Slovenian citizenship when Slovenia seceded from federal Yugoslavia – and despite the European Court of Human Rights (ECHR) decision, the Slovenian state has still not recognized their rights, which were violated in the post-independence period. The article also examines two other minorities in Slovenia, the Jews and the Roma. The article finds Slovenia to be a closed, non-globalised society which, in spite of its constitutional declaration to protect the rights of minorities and other national communities, is seeking to retain a politically and culturally homogeneous nation state.     

Sexual Abuse, Trauma and Dementia in the Elderly: A Retrospective Study of 284 Cases

The study objective was to compare elders with a dementia with those without a dementia as to method of disclosure of sexual abuse, forensic markers of sexual abuse and legal outcome of cases. A convenience sample was obtained of 284 forensic cases known to a multidisciplinary group of professionals who investigated, examined or consulted on elder sexual abuse victims. The Comprehensive Sexual Assault Assessment (CSAAT) was used to enter data from case files. 60 percent of the 284 elders were diagnosed with some degree of dementia. Elders with dementia, compared to those without a diagnosis, were abused more often by persons known to them (family member, caregiver or another nursing home resident) than a stranger, presented behavior cues of distress rather than verbal disclosures, were easily confused and verbally manipulated, and were beaten. Suspects who were identified whom abused elders with dementia had less chance of being arrested, indicted or plea bargained. All reported suspected cases of elder sexual abuse need a complete physical examination as well as a sexual assault evidence kit. Patterns of verbal, behavioral or physical changes of elders can be used to support an allegation of sexual assault.     

Engendering regulation of artisanal and small-scale mining: participation,protection and access to justice

Abstract

This article argues that adopting a gender perspective when regulating artisanal and small-scale mining (ASM) is both necessary and achievable. The authors analyse women’s often-ignored needs and experiences as workers, decision-makers and affected community members in the ASM sector. To address these concerns, this article sets out standards for regulating ASM to guarantee women’s access to services and information and women’s decision-making and representation; to address the specific risks women face in the sector; and to provide access to effective remedies. The authors use international instruments to identify good practice benchmarks from which legislators and policymakers can draw. The article also notes where global norms fall short of addressing women’s rights in ASM. Some of the limitations of this approach are also acknowledged, notably the challenge of establishing gender-responsive laws that can be feasibly and effectively implemented. Nonetheless, the proposed approach should be favoured to better respond to the highly masculinised nature of the sector and the differentiated impacts of ASM on men and women while recognising women’s roles as beneficiaries and productive agents of the sector.     

How Surrogate Impact Panels Function in the Context of Intimate Partner Violence: A Mixed-Methods Study

ABSTRACT

Intimate partner violence (IPV) continues to be an urgent social problem, despite decades of intervention and prevention efforts. Restorative justice programs (e.g., victim impact panels) may be a useful addition to intimate partner violence (IPV) intervention, but it is unclear how these panels operate and to what extent they are consistent with restorative justice models. This naturalistic study of IPV surrogate impact panels used ethnographic observation of panels (n = 18), archival analysis of audience responses to the panel (N = 287), and focus groups and interviews (k = 4) with IPV survivors, an audience member, and batterer intervention providers to investigate these gaps. Findings suggest the panels manifest interactional processes consistent with restorative justice principles. Implications, limitations, and future aims of research on these panels are discussed.     

A Tale of Two Cities: Bureaucratisation in Mayor-Council and Council-Manager Municipalities

This paper presents a theory that predicts under what circumstances self-interested politicians ‘bureaucratise’ their administrations, in the sense that they delegate the powers to hire, fire and promote public employees to autonomous bodies (like civil service commissions). The main testable proposition is that, in polities with a higher concentration of powers, politicians will bureaucratise their administrations to overcome time inconsistency problems in their relationships with public employees. This prediction is tested with data drawn from US municipalities, where two main types of local governments co-exist: mayor-council and council-manager. Results show that municipal governments with a higher concentration of powers (i.e. mayor-council) tend to have more bureaucratised administrations.