Frenemies: restorative justice and customary mechanisms of justice

More often than not, restorative justice is said to take roots in Indigenous practices. In fact, Indigenous and other traditional mechanisms of justice are often described as examples of restorative justice practices. In New Zealand, the government equates the Mãori approach to doing justice with family group conferences (FGC); a restorative justice mechanism which it claims embodies Mãori values and preferences. This article contends, however, that the type of ‘justice’ embodied in customary mechanisms, has often been taken out of context, and rendered universal and ahistorical through its representation as restorative justice mechanisms. Using fieldwork evidence, an analytical comparison between principles of restorative practices, New Zealand’s FGCs and the Mãori approach to justice was conducted. It concludes that this tendency to equate restorative justice with Indigenous approaches to law and justice is harmful and dangerous for it risks rendering the scholarship homogenizing and universalizing restorative justice, to the detriment of local preferences and practices.     

Youth Crime: Whose Responsibility?

Responsibility is an increasingly important concept within both political and academic debates about youth justice. As an alternative approach to youth crime, restorative justice ideology has contributed to this debate. Restorative justice emphasizes the importance of repairing harm by encouraging offenders to address past behaviour and to become responsible for future actions. This article reflects on empirical findings from the author's research with 41 young offenders who were the subjects of Referral Orders, a purportedly restorative disposal. It considers how successfully the English youth justice system has adopted this approach, arguing that there is a significant difference between the theory of restorative justice and its use in practice. To some extent, New Labour's emphasis on the criminal justice system has missed the point behind the ideology of restorative justice and the wider opportunities it offers for a proactively restorative society.     

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.     

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.     

Ethics in Criminal Justice: John Dewey Revisited

John Dewey has much to say to contemporary criminal justice educational strategies, particularly in respect to broadening the curriculum to include exposure to the humanities, values exploration, and moral decision-making. The case study method, coupled with Socratic teaching use of varied materials from the humanities, can approach an optimal learning experience within the Dewayan model. This educational model is offered in response to the calls for sensitive, holistic criminal justice practitioners in the modern age.     

Family Conferencing for Juvenile Offenders: A Singaporean Case Study in Restorative Justice

Restorative justice has been or is being adopted in many parts of the world, including countries in Asia. In the case of Singapore, restorative justice was adopted by the court system in 1997 as its guiding philosophy in its approach towards juvenile offenders. This article traces the adoption of restorative justice by the Juvenile Court in Singapore and the use of family conferencing in the light of the principles of restorative justice. It concludes by suggesting areas where the family conferencing system in Singapore can be improved, and possible lessons for other jurisdictions considering adopting family conferencing.     

Restoring the social: offender reintegration in a risky world

How to manage and reintegrate offenders released from prison is a vexing problem for governments. The challenge of reintegration has forced a pendulum shift in corrections toward a more social-psychological understanding of the nature of offender release, after decades of purely psychological paradigm dominance. This article explains how reentry problems and practice encompass the shift in a context of a risk-centric and averse public. New reentry models such as Circles of Support and Accountability demonstrate an approach to reentry that draws upon the tenets of restorative justice and desistance theories. Using qualitative data on reintegration within New Zealand, this article contributes to our understanding of the problems for correctional departments to facilitate reintegration in the context of risk managerialism, and theorizes about the dimensions and implications of “restorative reentry.”     

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.     

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.     

Regenerative justice,beyond restoring

This paper outlines a new form of justice, called regenerative justice. Regenerative justice is the coupling of restorative justice with the notion of generative justice, which involves the explicit and intentional discovery and building of life meanings, as well as the consideration of the relationships that those meanings have with wrongdoing and ‘making things right’. This exploration comes about after first considering restorative justice, then providing a critique that uncovers potential blind spots in restorative practice. Logotherapeutic techniques, including: Socratic dialogue, attitude modulation, and dereflection, are used by therapists to help people discover meaning and purpose and have successfully assisted crime victims and offenders. Borrowing from these techniques and specific questioning approaches, restorative dialogue facilitators can enhance restorative practice, particularly in the phases of preparation for restorative dialogue and follow-up after restorative dialogue, by deliberately emphasizing meaning-building discussions (generative justice). Therefore, regenerative justice synthesizes the restoration of people and relationships with the generation of peaceful and healing meanings that can help stakeholders in wrongdoing make sense out of suffering and move forward with a sense of purpose. An example of this process is illustrated in a victim-offender dialogue in a crime of severe violence, where meaning-building can be particularly powerful.     

Open and distance learning in a New Europe*

Legal education is gradually moving away from the teaching of national law towards a more European, transnational, or even “global” way of teaching. This paper seeks to explain why an international legal education is to be preferred to a national curriculum and what this means for how law is taught and how law schools are ideally organised. The arguments for an international legal education lie in the increasing plurality of legal sources, the desire to attract students from a larger pool, and the need not only to give students a specialised professional training but also to prepare them for global citizenship. It is claimed students should be exposed to alternative ways of achieving justice, thus creating a dialogue with otherness. This can be done by a focus on the arguments behind the choices made by the relevant authorities and not on the doctrinal intricacies of national legal systems. This type of international curriculum, in which competing conceptions of justice are at the centre of attention, requires a specific teaching method. Two methods seem best suited to allow students to construct their own understanding of legal problems: problem-based learning (PBL) and the Socratic method. In addition, teaching law in an international setting forces us to think through the sequence in which the various jurisdictions come to the fore, the assessment of students and the use of teaching materials and language of instruction. Also discussed are the challenges for the law school as a whole, such as the relationship between teaching and research, the recruitment of faculty and the decreasing relevance of the traditional departmental structure.     

Engaging students on the topic of restorative justice and serious offenses

Within contemporary society, there is a prevailing sentiment that our criminal justice system leaves much to be desired in its responses to the offender, the victim, and the community. As a potential answer to these conceded shortcomings, restorative justice has earned significant recognition and consideration. While restorative justice principles and programs have received increasing support, for many individuals this is limited to cases involving relatively ‘minor,’ first time, and/or juvenile offenses. When it comes to situations with more ‘serious’ and violent offenses, acceptance of restorative responses dissipates. Gaining broader acceptance can be particularly challenging with current college students. With many students raised in the ‘get tough on crime’ era, embracing this alternative approach to serious crimes can be a difficult paradigm shift. This article will provide a framework for approaching the feasibility of applying restorative justice with serious offenses in the college course. In addition, suggestions for readings, projects, and assignments that will further assist in effectively engaging students with these issues will be provided.     

Rethinking the restorative–retributive dichotomy: is reconciliation possible?

While the use of restorative justice within Western criminal justice systems continues to grow, its philosophical foundations remain uncertain. This inconclusiveness impacts directly upon the theoretical discussion of restorative justice and its relationship with existing paradigms of punishment, precipitating debate regarding its ability to integrate within justice systems governed by retributive paradigms. Specifically, this ambiguity of definition renders debate regarding the extent to which restorative justice philosophy exists as an alternative punishment or an alternative to punishment, and its existence as complementary or axiomatic to retributive justice unresolved. The philosophy of restorative justice, identifying its central features and addressing those previous attempts of contrasting restorative justice with the prevailing paradigm of retribution is explored here. However, it is suggested that aspirations of reconciling restorative justice philosophy with the retributive paradigm will be ultimately unsuccessful, due to the persistent latent ambiguity regarding the central foundation upon which restorative justice philosophy is built. Such concerns are also present when seeking to affirm the continued opposition of retributive and restorative justice.     

The New Zealand Model of Family Group Conferencing

The Family Group Conference (FGC) originated in New Zealand where it is the foundation stone of the Youth Justice system introduced in 1989. A significant feature of that system is the way in which it enables restorative justice principles to be implemented in an integrated manner in a statutory framework supervised by the courts and applicable to all young offenders throughout New Zealand. FGCs are used both as a diversionary technique (pre-adjudication) and at a (post-adjudication) pre-sentencing stage. In addition this type of model is now being applied in a voluntary way but on a small scale with adults. A significant feature of the FGC model is its greater use of community-based solutions with a consequent reduction in the number of young persons in state institutions.     

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.     

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.     

Perceptions of restorative justice concepts: an evaluation of university housing residents

This study focuses on the perceptions of students who resided in a university residential hall regarding methods of conflict resolution and concepts of restorative justice. Furthermore, comparisons of perceptions between residents who participated in restorative justice workshops with residents who did not are also made. Variables studied include: understanding the perspectives of others, willingness to approach others, consideration of how to approach others, and awareness of communication styles during conflict situations. Additional considerations include a willingness for inclusion, providing perspectives, and listening and compromising during conflict situations. Also explored is usage of dialogue as well as residents becoming better equipped to approach others, and utilizing or sharing information about restorative justice concepts with others following restorative justice workshops. Findings suggest that residents exposed to restorative concepts during workshops were more likely than non-attenders to listen to the perspectives of others regarding conflict situations. The results indicate that a number of the residents within the university housing setting shared and utilized restorative justice techniques with others following attendance of the restorative workshops.     

“And focused upon victims’ needs”: towards an assessment of the victim-friendly principles of restorative justice practice

Scholars and policy-makers typically laud restorative justice as being ‘victim-friendly’ in its rules and practices. High levels of victim satisfaction with its outcomes are put forward to substantiate this claim. However, there has been little research that engages with the constitutive role of restorative justice in shaping conceptions of identities, practices and needs. To address this gap, this article develops an analytic framework through which to assess the victim-friendly approach of restorative justice processes across social and legal contexts. In so doing, it engages with three key elements of restorative justice processes: firstly, how this justice approach conceives victims; secondly, how it shapes its practices (and not just outcomes) to address their concerns; and thirdly, how it responds to individual needs. The paper argues that engagement with the constitutive processes can bring a fresh perspective to the relationship between victims and restorative justice.     

Teaching controversial issues in criminal justice: Using historical material to overcome student resistance

Although the teaching of controversial issues in criminal justice can be a lively and rewarding experience, it can also be extremely challenging. Unlike subject matter in other disciplines, the subject matter of criminal justice is to some extent familiar to most reasonably well-informed citizens. Thus students in criminal justice classes will possess an awareness of many of the discipline's controversial issues, such as the value of capital punishment and the utility of the Miranda rules, and have their own views regarding these issues. Unfortunately, many of these views are strongly held, and students are sometimes unreceptive to critical examination of such issues because of the strength of their convictions. This paper describes an approach to overcome this obstacle to critical scrutiny of controversial issues in criminal justice. The general approach relies upon the use of historical material as a tool to make it easier for the student to master the important problems, concepts, and data which pertain to current justice system controversies.     

Transforming Teens: Measuring the Effects of Restorative Justice Principles in a Teen Court Setting

This paper examines the impact of restorative justice principles in a teen court setting. Specifically, our research attempts to quantitatively measure learning of certain restorative justice principles through the teen court process by comparing matched, pre‐ and post‐survey responses to questions involving the adolescent's ability to understand their crime as a violation of relationships within their community, as opposed to merely a violation of law. Qualitative responses regarding the efficacy of the teen court program from both teen participants and their parents are also examined in the context of restorative justice principles. Finally, the efficacy of the teen court model is discussed in terms of recidivism rates compared to teens who do not experience the teen court process.