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.     

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.     

Responding to Heinous Crime: Best Practices and the Current State of the Art

Heinous crimes involve offenses that are odious, shockingly cruel, and abhorrent. Victims, criminal justice professionals, and the public at large struggle in their efforts to respond to heinous crimes in ways that simultaneously protect the public, promote rehabilitation, provide an opportunity for retribution, and punish. Heinous crimes present a severe challenge in a democratic society that seeks to respond to unspeakable acts in a just, principled, and fair manner. This article examines the nature of heinous crimes, explores their etiology, and considers the merits of possible responses in light of current knowledge and “best practices.” The author presents a comprehensive typology of heinous crime, based on a qualitative analysis of 13,000 parole cases, and explores the appropriate role of retribution and revenge, punishment, rehabilitation, and restorative and reparative justice.     

Restoring Choice: The Relationship Between Offense Seriousness,Intervening Time,and Victims’ Responses to the Offer of Restorative Interventions

This study investigates victims’ responses to the offer of involvement in a restorative intervention. It tests the hypotheses that victims’ choices are related to the seriousness of the offense (H1), and that this relationship is moderated by how long after the offense the restorative intervention is offered (H2). A cross-sectional, between-subjects design was used, drawing on data from 256 offenses collected for operational purposes by a restorative justice service. Victims of medium-seriousness offenses were most likely to choose indirect and direct reparation. Intervening time moderated the relationship between seriousness and victim choice: victims of low-seriousness offenses became more likely to choose community reparation with time, victims of medium-seriousness offenses became less likely to choose direct or indirect reparation, and there was no change with time for victims of the most serious offenses. These results suggest nonlinear relationships between seriousness, intervening time, and victim choice. Although more complex and in different directions than anticipated, they lend some support to both hypotheses. The study highlights qualitative differences between types of restorative interventions, points to a significant disparity between victims’ choices and processes the literature suggests are of most benefit, and raises questions regarding when and how restorative interventions should be offered.     

“Walking in her shoes”: The Impact of Victim Impact Panels on Perpetrators of Intimate Partner Violence

Restorative justice models have had success with some issues within the criminal justice system; however, advocates and researchers within the intimate partner violence practice community have been reluctant to embrace this model. Criminal justice responses for intimate partner violence continue to be founded on a blend of retributive and rehabilitative justice models. Despite this reluctance, use of the restorative justice intervention of victim impact panels, may have targeted utility for increasing perpetrators’ empathy for their victims. The author 2examined responses from perpetrators who were mandated to participate in a victim impact panel experience as part of the coordinated community system response to intimate partner violence.     

Comparison of Impact of Procedural Justice and Outcome on Victim Satisfaction: Evidence From Victims’ Experience With Registration of Property Crimes in India

Crime victim–police interface and registration of crime are the early and fundamental interactions in the criminal justice system. The process of lodging a complaint is marked by the pain of victimization, sharing of information, and expectation of quick remedial action from the police. The nature and quality of experience of the victim and outcomes impact the level of satisfaction with services of police. Through a survey of victims of property crimes, in different areas of a state in India, the author examines the impact of procedural justice and outcomes on victim satisfaction. The study illuminates the outcome oriented expectations of the victim, and the unique dynamics of victim–police interaction, which strains the legal ethical framework of the criminal justice system.     

The need for protection and punishment in victims of violent and nonviolent crime in the Netherlands: The effect of relational distance

A crime victim’s relationship to the offender is widely recognized as an important variable in the study of victims and the criminal justice system. However, studies concerning comparisons of the needs of victims at various relational distances to the offender are lacking. The authors studied how the victim’s need for protection and punishment correlated to the victim’s relational distance to the offender. The authors distinguished more than the usual two victim-offender relationships (known vs. stranger offender), so that the needs of victims at intermediate relational distance (offender is known to the victim, but not an intimate) to the offender might become visible. A total of 370 victims were interviewed about their reasons for reporting the crime. Respondents were divided into three groups: small (intimates), intermediate (nonintimates), and large (strangers) relational distance. While controlling for gender of the victim and type of crime, the needs of victims were found to vary with the relational distance to the offender.     

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.     

Crime Victims’ Perceptions of Police Behavior,Legitimacy, and Cooperation: A Review of the Literature

According to Tyler’s theoretical framework, police officers can motivate cooperation among citizens during direct interactions by using fair procedures and by showing how the police perform their job in combating crime. By conducting a systematic literature review, prior research was examined to see whether perceptions of procedural justice and police performance result in higher levels of perceived legitimacy of the police institution, and in turn whether this perceived legitimacy stimulates cooperative behavior among crime victims specifically. Results of the 15 included studies indicate that partial support for the applicability of this framework on crime victims was found. However, none of the included studies tested all relationships within the framework simultaneously among crime victims; they typically focused only on one of the interrelationships between the frameworks’ key concepts. Implications for future research and police practice are discussed.     

“Victim Refuses to Cooperate”: A Focal Concerns Analysis of Victim Cooperation in Sexual Assault Cases

Research suggests that victim cooperation is a strong predictor of arrest and prosecution in sexual assault cases. Relatively little research has focused on identifying the factors that shape the decision to cooperate and the research that does exist is largely atheoretical. We address these gaps by examining victim cooperation using a revised version of the focal concerns perspective. We use data on cases reported to law enforcement agencies in Los Angeles to estimate models using factors situated within three victim focal concerns—crime seriousness, costs of cooperation, and likelihood of conviction—for three stages of the case process. We supplement these results with qualitative data from police reports regarding the reasons why victims refused to cooperate. The findings of this study provide initial support for the theoretical development of victim cooperation using the focal concerns perspective and provide potential guidance to criminal justice practitioners on how to increase victim cooperation.     

Repositioning Restorative Justice in Europe

Abstract

Over the last 20 years, the European Union (EU) has invested considerable amount of resources in supporting policies and legislation that promote mediation and other restorative justice (RJ) practices at the national and regional level. Alongside these developments a series of legal safeguards, standards, and regulations were introduced to mainstream restorative justice in European criminal justice systems. While we are far from claiming that a unified restorative justice model exists across European countries, the standardization of restorative justice through top-down approaches raises serious concerns around its viability as a community-born ethos. This article draws from the findings of an EU-funded research project that focused on the implementation of the restorative justice articles of the. Victims’ Directive. The article argues that if restorative justice is not repositioned in Europe through innovation and bottom-up structures of community, unregulated, unregistered, and localized projects, it will soon face its demise. The mainstreaming, regulation, and state control of restorative justice in Europe must be balanced against what Nils Christie identified as its original intention of returning conflicts re property.     

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.     

Four Challenges in the Future of Restorative Justice

Abstract

Restorative justice (RJ) emerged in the late 1970s as an alternative to conventional youth and criminal justice practices. Since this time, RJ has experienced rapid growth in theory and practice. At the same time, much of this growth has come from expansion in lower-end criminal justice responses to crime, and in the increasing use of the term “restorative” for a widening host of practices and interventions. RJ has also faced problems related to its increasing institutionalization, resulting in divergence from earlier aims and goals. In this article, we set forth what we see as the four biggest challenges facing the future of RJ, namely problems related to definition, institutionalization, displacement, and relevance of RJ practices. We follow with discussion of possible future directions of RJ.     

When do People Value Rehabilitation and Restorative Justice Over the Punishment of Offenders?

The authors explored the characteristics of individuals that affect their attitudes toward restorative justice-—in which offenders, victims, and communities meet to redress the damage the offence had caused. Across three studies, participants completed questionnaires that assessed whether they believe that people in general, or offenders in particular, can change fundamentally as well as attitudes toward restorative justice, rehabilitation, and punishment. In one study, the questionnaire also included measures of social dominance orientation, goal orientation, and future clarity. Generally, participants who believed that offenders can change fundamentally were more likely to agree to participate in restorative justice meetings and endorse rehabilitation over punishment. Yet, the belief that individuals in general can change fundamentally was not significantly associated with these attitudes toward alternative responses to crime. Social dominance orientation was inversely, and a learning orientation and future clarity were positively, associated with this belief that offenders can change. Thus, interventions that diminish inequality in income, privileges, and influence—and thus curb a social dominance orientation—may foster an openness toward restorative justice. Initiatives that continually reward people who gradually develop their expertise, and thus promote a learning orientation, should also foster this openness toward alternatives to custodial sentences.     

Reaping What They Sow? Victim-Offender Overlap Perceptions and Victim Blaming Attitudes

Examining the tendency to attribute blame to crime victims reveals a striking dichotomy. Some types, such as children, elicit intense emotional reactions from the public. Alternatively, others, such as the typical victims of street crimes, garner substantially less concern. According to the “just world” hypothesis, these latter groups may be perceived by the public as criminally involved, and so “blameworthy” for their victimization. We test this hypothesis—specifically, we evaluate whether perceptions of the extent of victims’ involvement in crime are associated with dispositional attributions for victimization. Data from a recent national survey (N = 760) are analyzed. To extend generalizability, we replicate results with a college sample (N = 733). Findings indicate that victim-offender overlap perceptions vary consistently by crime type. There is also consistent evidence that perceiving a larger victim-offender overlap is associated with the view that the causes of criminal victimization are, in part, dispositional—and thus that crime victims hold personal responsibility.     

Beyond Convictions: Negotiating Procedural and Distributive Justice in Police Response to Sex Crimes Victims

ABSTRACT

Justice for sex crimes is particularly complex due to the differences between victim needs and the operations of the criminal justice system. This study, using 70 semi-structured interviews and 2 focus groups from Canadian police departments, shows that Canadian police officers use characteristics from both procedural and distributive concepts of justice when responding and dealing with victims of sex crimes. We show that building trust, inclusion in the process, and upholding individual treatment needs are compelling components of police response that garner victim agency and satisfaction. As a result, victims are more satisfied with the process and outcomes of their cases, and through reconstructing success, so are police officers. Our discussion of a pluralistic approach captures how police officers justify and negotiate distributive and procedural justice in their responses to sex crime victims. Unlike research that focuses on the adverse treatment of victims, this paper finds promising changes in Canadian police officers’ conceptualization of justice for victims.     

Psychological Distress,Formal Help-Seeking Behavior,and the Role of Victim Services Among Violent Crime Victims

Using data from the 2015 National Crime Victimization Survey, this research explores the characteristics related to psychological distress and formal help-seeking behavior among victims of violent crime. Logistic regression analyses indicate that psychological distress symptoms vary by victim and offense characteristics. As anticipated, for example, the odds of a victim of sexual assault reporting the highest level of psychological distress are 5.88 times higher than are the odds of simple assault victims. However, when looking at subsequent formal help-seeking behavior for psychological distress, sexual assault victims do not seek formal help for their distress more than victims of other violent crimes. The analyses reveal that only gender and disability consistently predict high psychological distress and formal help-seeking behavior. Contact with a victim service agency was shown to be a powerful predictor of formal help-seeking behavior, though the analyses illustrated that victims most in need of intervention are not always the ones who receive it. In fact, only 23% of victims sought formal help for their psychological distress. This study sheds additional light on the issue of psychological distress and the limited formal help-seeking behavior of violent crime victims, while illustrating characteristics predictive of formal help-seeking, such as intervention through victim services.     

The Spiritual Components of Restorative Justice

The concept of spirituality in restorative justice practice is recognized as important but is often fuzzy and vaguely understood. This study did a content analysis of restorative justice texts and found nine distinct components of spirituality: transformation, connectedness/belonging, common human bond, repentance, forgiveness, making right a wrong, balance/harmony, rituals, and unexplained spiritual phenomenon. The conceptual clarification of the relationship between spirituality and restorative justice gives mediators/facilitators of restorative justice dialogue more tools to deepen their interactions with victims, offenders, and community members. Furthermore, delineation of these nine components offers researchers a framework for the development of instruments or tools that can be used to assess participants' experiences in restorative justice dialogues.     

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.