Balancing justice goals: restorative justice practitioners’ views

Despite the importance of facilitators, staff, and volunteers to restorative justice programs, we know very little about what they think about the goals of restorative justice. This paper fills that gap by reporting the findings of a survey of restorative justice practitioners in Nova Scotia, Canada. Participants rated the importance of 29 justice-related goals such as punishment and accountability. The results show how respondents distinguish between, prioritize, and balance competing justice goals. A factor analysis shows how goals cluster together revealing more depth about how practitioners understand goals, such as accountability, that have different meanings depending on the context. The findings are particularly interesting because the restorative justice program in Nova Scotia is deeply embedded in the criminal justice system. The findings speak to concerns about whether programs rooted in the mainstream system risk being diluted by dominant criminal justice system discourses. I conclude that restorative justice practitioners can prioritize the values of restorative justice in a program that is deeply rooted in the mainstream criminal justice system.     

Yoga and restorative justice in prison: An experience of “response‐ability to harms”

Divisions within the contemporary restorative justice movement in the US often manifest in one state‐supported model: balanced and restorative justice (BARJ). Paul McCold, in this symposium frames the problem with BARJ as one of a corruption of restorative justice principles by its foundation in community justice. This article suggests that BARJ and McCold’s critique share a neglect of the transformative potential of restorative justice for realizing social and economic justice. Moreover, recent experience indicates that BARJ policy planning can take place in a way supportive of Social Equity Restorative Justice (SERJ). The time appears opportune for some peacemaking within the movement.     

‘The conflict is ours’: community involvement in restorative justice

Restorative justice (RJ) has attracted extended research relating to its potential to reduce crime, achieve fairness, and promote victims’ well-being, but there is only limited discussion about the involvement of the community in RJ processes. This study employs grounded theory approach to analyze 26 documented files handled by a RJ program in Jerusalem, Israel. It proposes a multilayered construction of community involvement in RJ referring to four modes of community involvement: facilitators, community representatives, social networks, and the direct stakeholders. The analysis uncovers the unique characteristics of each entity, their potential contribution in promoting community interests, and the challenges in fulfilling their potential contribution. The Article further offers a responsive definition for community representation. Practical implications for RJ programs are discussed.     

Is restorative justice for sexual crime compatible with various criminal justice systems?

In addition to the more conventional approaches of the criminal justice system, this article suggests that there is a need for restorative justice as another method of addressing sexual crime. In support of this view, the present article explores the possibility of a hybrid justice system based on a complementary relationship between restorative justice and the criminal justice system. An analysis of the limits of the criminal justice system and the need for restorative justice in the contentious area of sexual crime will be followed by a detailed examination of key justice considerations when trying to marry both criminal justice and restorative justice perspectives. Such considerations include: the meaning of justice; legislation; sentencing principles; due process; victims’ rights; and the location of restorative justice within/alongside/outside the criminal justice system. The aim of this article is to determine whether it is possible to reconcile two seemingly juxtaposed methods of justice delivery in the context of sexual crime in order to create a hybrid system of justice that best protects and responds to the rights and needs of victims and offenders.     

Can restorative justice disrupt the ‘school-to-prison pipeline?’

The ‘school-to-prison pipeline’ now commonly refers to the impact of zero tolerance and other harsh exclusionary discipline policies on school suspensions and expulsions, especially felt among minority students of color in the United States. Abundant evidence now concludes that such students are suspended, expelled, disciplinarily referred and arrested at rates far exceeding either their representation in the population or that of their white peers. Restorative justice practices have emerged as an increasingly popular response to racial disparity in school discipline, supported by research, state and federal governmental initiatives. However, the capacity of restorative justice to limit the school-to-prison pipeline may remain unfulfilled unless it can disrupt current social-organizational structures that maintain racial inequity in institutional structures. This paper considers the effectiveness of restorative justice in schools as an alternative to overly punitive discipline policy and as a strategy for reducing racial disciplinary disparity. It then considers organizational and cultural impediments to implementing restorative justice to overcome racial disciplinary inequity for school-based youth and asserts that restorative justice must strive for more than incremental change inside existing systems.     

What harm,whose justice?: excavating the restorative movement

The city of Hull in the northeast of England gave itself the ambitious task of becoming the world’s first restorative city. The aim of this strategy was to create a more socially and emotionally confident youth population which in turn would encourage a more entrepreneurial and aspirational outlook across the City. Based on a two-year National Lottery-funded project exploring peoples’ experiences of restorative approaches and a Knowledge Transfer Project to help develop restorative skills, the development of restorative justice is analysed. How does a restorative classroom, workplace, or family really behave? Is there a common objective within, and across, all restorative initiatives and if so, what is it? The answer to these questions is that communication breakdown can be understood as the common harm within, and across the restorative movement. This raises some interesting questions and challenges for zemiology where both restorative justice and social harm perspectives contain quite different notions of harm suggesting that neither has yet developed a clear or solid foundation upon which to build an alternative focus to criminal harms.     

Contesting policy that undermines restorative justice for victims of crime☆

A policy provision in the Criminal Victim Assistance Program in British Columbia excludes the offender from participating in restorative justice approaches with the victim (and other affected parties) during counseling. A historical analysis of victim responses to crime shows that the victim experience to crime is socially constructed. In this regard, this policy act that excludes offenders from the victim healing process is consistent with a traditional approach to justice, which understands the offender to have committed a crime against the state, not the victim; however, separating the offender from the healing process is problematic within a restorative framework of justice where relationality is a central premise. Using a restorative lens, this policy act is contrary to an accompanying statute that has explicit provisions for counseling support for crime victims, as well as other statutes that provide for restorative responses to crime in Canada. The way we counsel and support victims from the harms created by crime cannot be separated from our view of justice.     

Witnesses in the special court for Sierra Leone: The importance of the witness–lawyer relationship

This study is concerned with the relationship between witnesses testifying in the Special Court for Sierra Leone and their legal teams. Other research conducted with witnesses in international war crimes tribunals suggests that this relationship has a significant impact on the experience of such witnesses. A structured interview was administered to 171 witnesses who had testified in the Special Court for Sierra Leone. Witnesses generally felt their lawyers' attitude towards them was extremely good. Emotional support and good preparation for testifying seem to be particularly important predictors of witnesses' relationship with their lawyers, as does the level of respect they felt they received from court staff. However, communication between witnesses and their legal teams after the testimony is over did not have a significant impact on witnesses' evaluations of their lawyers' attitude towards them.     

Aboriginal youth with foetal alcohol spectrum disorder and enmeshment in the Australian justice system: can an intercultural form of restorative justice make a difference?

Aboriginal youth with Foetal Alcohol Spectrum Disorder (FASD) are overrepresented in the justice system. FASD results from prenatal alcohol exposure, and may lead to cognitive, social and behavioural difficulties that increase susceptibility to contact with the justice system. This paper explores the potential contribution of restorative justice in creating diversionary options for Aboriginal youth with FASD, and related cognitive impairments, to prevent enmeshment in the justice system. The lesson from work in Australia and New Zealand is that restorative justice and Indigenous justice are different, but not irreconcilable, projects. We suggest that there is the potential for creating rich intercultural engagement spaces ‘in between’ restorative practices and Indigenous processes: provided that restorative justice – as an essentially Eurocentric paradigm of the Global North – does not attempt to colonise Indigenous justice. An appropriate model would have Aboriginal people engaged in the planning and management of diversionary options, with greater focus on diversion into place-based, Aboriginal owned and managed services. Restorative justice needs to engage with the historical demands of Indigenous peoples for their land and their way of life; though constantly imperilled by forces of neo-liberalism and colonialism, Indigenous peoples remain resilient and provide a vision of an alternative to Euro-modernity.     

Victor’s justice or restorative justice: exploring the value of participation for Bangladesh’s future reconciliation process

Participation is a widely accepted process value in restorative justice, but its nature varies from context to context. This study explores the nature of participation in the context of Bangladesh’s future reconciliation process. Case study and qualitative interviews are employed to understand the phenomenon; the deductive and inductive data are analyzed with NVivo 10 software. On the basis of findings from three in-depth qualitative interviews, and examples from Rwanda’s gacaca courts and the Extraordinary Chamber in the Courts of Cambodia, this study argues that engaging and inclusive participation from all stakeholders is essential for a future reconciliation process in Bangladesh. It contends that the involvement of the United Nations would ensure rule of law, due process, and safety and security of the victims and perpetrators. Four inductive themes of participation – engagement, inclusiveness, stakeholders, and safety and security – are particularly highlighted.     

Youth restorative justice conferencing: facilitator’s language – help or hindrance?

Youth crime is an ongoing concern in Australia. Victims, offenders and the community are all affected by crime and the current criminal justice approach seems both ineffective and inefficient. Restorative justice proponents have posited that their approach to justice through dialogue and negotiation in the conferencing process may be more effective than the traditional retributive justice. Restorative justice conferencing for young offenders is not, however, unfaultable in its ability to reduce the harm caused by crime or to reduce recidivism. The main focus of conferencing has been on the outcomes with limited attention paid to the process and its impact on a young offender’s sense of wrongdoing and remorse. There has been limited research undertaken into the oral competencies of young offenders in relation to their performance in conferencing, and equally limited studies on the specific use of language by facilitators. Other research has shown a coexistence of youth offending and developmental language and learning disabilities. The secondary study discussed in this paper reveals the language difficulties encountered by young offenders in the conferencing process. It is recommended that in order for young offenders to understand what they have been asked, to reflect on it, to express their thoughts and feelings, and for behavioural change to occur, the communication, both verbal and non-verbal, must be unambiguous, comprehensible and pitched at their individual demographic. More research is required into language use by conference facilitators and its impact on young offenders.     

IsTeen Court effective for repeat offenders? A test of the restorative justice approach

Teen Courts are an effective judicial alternative for many youth offenders. The majority of youth courts deal solely with first-time offenders. However, repeat offenders are at a greater risk for future crime. Is Teen Court effective with more experienced offenders? In this study, the authors examine the outcomes of 26 Whatcom County Teen Court offenders with at least one prior conviction. The sentence completion rate was higher and the recidivism was lower for the Teen Court offenders when compared with a sample of first-time Court Diversion offenders. This objective evidence of program success is augmented by an offender's perspective on his or her court experience. These perspectives as well as the continued voluntary involvement with Teen Court are discussed in relation to empowerment theory.     

Sex/gender‐based decision‐making in the criminal justice system as a possible (additional) explanation for the underrepresentation of women in official criminal statistics — a review of international literature

This article represents an analysis of the literature on sex‐based selection processes in the criminal justice system. It is only since the feminist wave of the sixties that sexual discrimination has been considered as an issue of importance in the study of the criminal justice system and that female criminality has been looked at more thoroughly. The article deals with the different assumptions and hypotheses which have come forward in the debate on the possible discrimination of men and women in the criminal justice process. In the first part of the article the various theoretical models are outlined: the chivalry and evil women hypotheses, the legal or etiological model, the social control theory, the family‐based justice model, and a multifactoral model. In the second part of the article, the results of empirical research relevant to these hypotheses are presented. American, British, Belgian, Dutch and some German literature has been taken into account. The review of the literature shows that the chivalry hypothesis cannot offer an all‐embracing explanation for the possibly perceived preferential treatment of women. Similar conclusions can be drawn for the explanatory value of the legal model. Although a more lenient treatment of women can sometimes be explained by legal factors, these factors can offer no more than a partial explanation for observed sex differences in the criminal justice system. Especially in the case of pre‐trial release and sentencing, more particularly when deciding whether or not to send a defendant to prison, a noticeable sex‐effect can still be found. In the literature we find strong suggestions — although not always confirmed — that an (initially observed) more lenient treatment of women at these stages can be explained by stereotypes and expectations about the personality of women as less dangerous and the specific role which women fulfill in western society.     

The Influence of Community‐Oriented Policing on Crime‐Reporting Behavior∗

This research examines the influence of community‐oriented policing (COP) on citizens’ crime‐reporting behaviors. The study’s data consist of incidents of violence obtained from the Area‐Identified National Crime Victimization Survey that were linked to city‐level measures of police involvement in COP. Multinomial logistic regression analyses reveal that although third‐party police notification is more likely in cities with large numbers of full‐time COP officers, victims residing in such cities are significantly less likely to report to the police than they are to report to non‐police officials. However, in cities where the training of police officers in COP is relatively extensive, victims demonstrate a preference for police notification (relative to both non‐police notification and non‐reporting). Lastly, multiplicative models indicate that police involvement in COP has less of an influence on the reporting behaviors of residentially unstable victims who likely lack strong social ties to the communities in which they reside.     

Community In‐Reach Through Jail Reentry: Findings from a Quasi‐Experimental Design

Offenders face a number of significant challenges upon reentry into the community, including securing employment, locating housing, and accessing adequate substance abuse and mental health treatment. These and related issues, if neglected, only bolster rising recidivism rates which have prompted renewed interest in rehabilitation initiatives such as inmate reentry. Many jurisdictions have implemented programs designed to improve offenders' success after prison, but jail reentry programs are far less common. This study examined the effectiveness of one such program, the Auglaize County (OH) Transition (ACT) Program. Using a quasiexperimental design, recidivism was measured a year after release to determine if participation in the ACT Program was predictive of successful reentry. Findings suggest that program participation is strongly related to outcome success as was criminal history. Implications for correctional policy and suggestions for additional jail reentry research are considered.     

An identity‐based understanding of intergroup conflict

As conflict has at its basis a contest of ideas, values or resources between two or more groups, a comprehensive understanding of intergroup conflict must take into account the psychological processes that make groups and group behavior meaningful. Because individuals value and internalize identities relevant to their social, geographic, economic, historical and political positions, any devaluation, loss or imposed change to one of those identities is likely to be particularly threatening. The Social Identity Approach formulates an understanding of how these identity‐based motivations interact with social structures to predict intergroup conflict. Importantly, it also provides an explanation of how procedural justice mechanisms can be utilized to guide conflicting interests to common cooperative goals that can be accepted and pursued. By having representation and participation of relevant actors in the development of a shared identity, as is this case when nation states are formed or re‐created, threat is reduced, legitimacy built and the basis for positive intergroup relations created.     

Elusive justice: tribal police officers’ perception of justice in an American Indian community

This paper explores justice-related perceptions among tribal police officers providing service within a southeastern Indian Reservation in the United States. Interviews with 27 tribal police officers were conducted to understand the manner of the administration of tribal justice. Almost half of the participants interviewed felt that their tribal justice system was dysfunctional due to inter-tribal politics, federal government restrictions, and lenient tribal judges. Additionally, tribal police officers also described the failure of the federal government in prosecuting felony crimes on the reservation. As a result, they believed that both the tribal and federal criminal justice systems did not adequately address crime on the reservation.     

Computers in criminal justice — Realising the potential

Computers have been used in most parts of the Criminal Justice System for many years and for a wide range of applications. Despite this, it remains the case that whereas computerization has brought about some improvements in administrative or clerical efficiency, the overall impact on the Criminal Justice System has been small. This paper summarises the current extent of computerisation in criminal justice, outlines the direction in which current developments are moving, and tries to forecast how computers might be used to greater effect to improve the criminal justice process.The paper is based on experience gained both from research and development work by the author in this country, and from research carried out in the United States.     

Expanding ‘Community’ in the Community Response to Intimate Partner Violence

Community coordination refers to a formalized system of collaboration between various social service agencies to help meet the needs of specific populations. In cases of intimate partner violence (IPV), community coordination includes a system of policies, information sharing, and referrals between the criminal justice system and counseling centers and shelters for survivors. The life model of social work practice suggests that social workers utilize both formal and informal groups as environmental resources for clients. In an effort to address the failures of community coordinated responses to IPV, community needs to be reconceptualized to include these additional groups, especially employers.