A glimpse into the role of personal values within the restorative justice process: a qualitative study with restorative justice facilitators

Restorative justice is a process whereby offenders and their victims communicate to address the harm caused by the crime. Currently, there is little research looking at what characterises victims and offenders who are willing to participate in this process, who benefits, and what changes occur after participating. Personal values may be important in understanding such questions because they can influence human behaviour, appraisals of behaviour, and can change following life experiences. Hence, the aim of this study was to investigate the role that the values within Schwartz’s value theory may have in answering these questions. This was accomplished through a thematic analysis of semi-structured interviews with 12 restorative justice facilitators. Consistently, the motivations they observed for both victims and offenders participating in restorative justice included themes of prosocial values. Additionally, prosocial values were among those highlighted as being important for the realisation of the benefits of restorative justice. There was also some preliminary evidence that this process may change what values are important for both victims and offenders. Overall, these findings have implications for restorative justice providers; a greater understanding of motivations, who will benefit, and how restorative justice can be presented to appeal to a wide audience.     

A Theoretical Test of Bullying Behavior: Parenting,Personality, and the Bully/Victim Relationship

An index of bullying behavior was used to measure the extent that 527 university students (51% female and 49% male) were involved in bullying in the past couple of months. This index included measures of physical, verbal, indirect-relational, property, coercive, racial, and sexual bullying. Participants were classified into the categories of bully (23.7%), victim (19.9%), bully/victim (9.6%), and not involved in bullying. The type of parenting the students were exposed to growing up and the presence of personality traits reflective of Reintegrative Shaming Theory were also measured. Current bullying was positively associated with being a bully during childhood, impulsiveness, having a tendency to displace shame, being male, being exposed to parental stigmatization, and being younger. Being a victim was positively associated with a tendency to internalize shame, being a victim during childhood, being younger, and being a childhood bully. Shame displacement was negatively associated with being a victim.     

Speaking about sexual abuse in British South Asian communities: offenders,victims and the challenges of shame and reintegration

Abstract

Cultural dynamics have a significant impact on how sexual matters, including sexual abuse, are discussed in British South Asian communities. The ways in which these communities talk about sexual violence often reinforce patriarchal norms and values, especially those concerned with honour and shame. As a result, victims are either silenced or the blame for the sexual violence they have suffered is laid at their own feet. Addressing the fact that these problems are rooted in patriarchal norms and values is key to understanding how to tackle sexual offending effectively in such communities. Both retributive and restorative justice are necessary in responding to sex crimes; retributive approaches help to recognise victims’ suffering, while restorative approaches offer promising avenues for encouraging victims and offenders alike to speak about their experiences. Both approaches are essential components to reintegrating victims and offenders into their communities.     

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.     

Restorative Justice,Consistency and Proportionality: Examining the Trade-off

Abstract

Restorative justice conferences that operate as sentencing mechanisms involve the making of a trade-off between empowering lay participants to make their own decisions, and the requirements of consistency and proportionality, which are established principles of sentencing. In current restorative justice practice, this trade-off tends to be made more in favour of consistency and proportionality, at the expense of the empowerment of lay participants.

Empowerment is central to key benefits of restorative justice, such as reducing recidivism and increasing victim satisfaction. However, its importance to the effectiveness of restorative justice is not always properly acknowledged. In addition to this lack of acknowledgment, there are both conceptual and practical problems with the principles of consistency and proportionality (particularly in the way that they are presented when considered in relation to restorative justice) that are often overlooked. As a result, the tendency is for assumptions to be made about the necessary supremacy of these principles over empowerment. This paper urges more acknowledgement of the importance of empowerment in restorative justice, together with a greater appreciation of the problems with consistency and proportionality, with a view to challenging assumptions about the way that the trade-off must be made.     

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.     

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.     

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.     

Bullying in schools: It's not a crime - is it?

The nature and prevalence of school bullying, and the detrimental and serious impact that it has upon its victims, has been the focus of research and debate since the early 1980s. Where a response is made to incidents of bullying, this is typically seen as the domain of the school, which has a powerful role to play in terms of socialising and disciplining its pupils. From the perspective of the victims of bullying, I argue that despite the existence of school disciplinary mechanisms, intervention by those working within the criminal justice arena is appropriate in two situations. First are situations where school measures are ineffective and the school is unable or unwilling to tackle the bullying. Second are situations that are too serious to be dealt with by the school alone. This issue is rarely discussed in literature on bullying. Using Lacey's metaphor of a set of lenses, I examine the 'criminalisation' of bullying, both at a formal level and at a practical level. I draw upon research that has studied the attitudes of adults and children to crime generally, as well as a qualitative survey of teachers, in order to explore the social construction of bullying as a crime and barriers to this.     

The truth and the trial: victim participation,restorative justice,and the International Criminal Court

In the field of international criminal justice, the international criminal court (ICC) has been lauded for its integration of victim participants into its legal proceedings. In particular, the ICC’s framework of victim participation has been understood to figure as a balance between retributive and restorative justice as it enables the actual voices of the victims to be heard. However, there has been little research that considers how victim participation works in practice as a form of truth-telling. In order to begin to address this gap, the integration of the ‘voices of the victims’ into the proceedings and outcome of The Prosecutor v. Thomas Lubanga Dyilo is explored. The forms of harms and experiences that comprise the truth of the events under adjudication put forward by the victim participants are considered, and then how the truth-telling functions of the ICC represent these states of injury. While the ICC’s legal proceedings enable victims to speak of their harms and experiences, their ‘voices’ are largely absent from its judgment. To address this issue, the ICC needs to develop and maintain a level of ‘restorative justice coherence’ to manage victims’ expectations of its justice approaches.     

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.     

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.     

Managing unacceptable risk: sex offenders,community response,and social policy in the United States and Canada

This article compares the community protection-risk management model for the control of sex offenders with the clinical and justice models that preceded it and with a restorative justice alternative based on the principle of community reintegration. The author discusses how this community protection-risk management model reflects the new penology as well as the fusion of panopticism and synopticism. The author also discusses the model's actual and potential social costs. He concludes with a brief look at circles of support and accountability. This Canadian approach involves setting up support circles of volunteers who enter into a covenant with persons designated as high-risk sex offenders to help them both to integrate into the community and to reduce the likelihood that they will reoffend.     

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.     

Is the Impact of Alcohol Consumption on Violence Relative to the Level of Consumption?

Two ideas concerning the link between bullying in school and violence on the streets are investigated. (1) Bullying and victimization in school is a product of the school situation and people's inability to choose their levels of exposure to others. According to this hypothesis, bullying is largely a phenomenon that is isolated to the school context. (II) Bullying behaviour in school and inflicting damage to others outside school is a reflection of a more general aggressive behaviour pattern and, hence, bullying in school and violence on the streets will, to a great extent, involve the same individuals. The literature offers suggestions that either could be the case. Participants were 2915 14-year-olds in a medium-sized county in Sweden who responded to a self-report questionnaire.Theresults showed that bullying others in school was strongly linked to violent behaviour and weapon-carrying on the streets, both among boys and girls. It was also found that bullying others in school was related to being violently victimized on the streets. The findings remained the same when statistically controlling for loitering and nights spent away from home, which were both related to bullying behaviour. It is concluded that bullying behaviour in school is in many cases a part of a more general violent and aggressive behaviour pattern and that preventive efforts targeting individuals with bullying behaviour in school could, according to the present study, decrease violence among adolescents out in the community as well.     

Shame and guilt in child sexual offenders

In this article, the authors build on previous discussions of the possible role of shame and guilt in sexual offending. They review the general psychological literature on shame and guilt and conclude that the distinction between internal and external shame is an important one in considering sexual offenders. The effects of shame and guilt on victim empathy and relapse are discussed, and it is proposed that the phenomena of shame and guilt have implications for treatment beyond those identified in previous studies. Shame is a salient feature in the initial presentation of many sexual offenders against children. Furthermore, aspects of the treatment of sexual offenders can be characterized as a shift from shame toward guilt. Implications of shame and guilt for treatment of sexual offenders are described.     

Punitive Restoration and Restorative Justice

Criminal justice policy faces the twin challenges of improving our crime reduction efforts while increasing public confidence. These challenges are exacerbated by the fact that at least some measures popular with the public are counterproductive to greater crime reduction. How to achieve greater crime reduction without sacrificing public confidence? While restorative justice approaches offer a promising alternative to traditional sentencing with the potential to achieve these goals, they suffer from several serious obstacles, not least their relatively limited applicability, flexibility, and public support. Punitive restoration is a new and distinctive idea about restorative justice modeled on an important principle of stakeholding, which states that those who have a stake in penal outcomes should have a say about them. Punitive restoration is restorative insofar as it aims to achieve the restoration of rights infringed or threatened by criminal offences. Punitive restoration is punitive insofar as the available options for this agreement are more punitive than found in most restorative justice approaches, such as the option of some form of hard treatment. Punitive restoration sheds new light on how we may meet the twin challenges of improving our efforts to reduce reoffending without sacrificing public confidence, demonstrating how restorative practices can be embedded deeper within the criminal justice system.     

Community‐based restorative transitional justice in Sierra Leone

Community‐based restorative transitional justice is an important feature of peace consolidation, maximizing access to justice and facilitating reconciliation. Examining post‐conflict Sierra Leone as a case study, the author draws on existing justice practices in Sierra Leone as examples of restorative responses to war criminality. Specifically, the traditional reintegration of former male and female combatants and the emergence of a new project, ‘Fambul Tok’ are detailed. The author discusses and compares the Special Court for Sierra Leone and the Truth and Reconciliation Commission to point to gaps in transitional justice that call for community‐based restorative strategies.     

Functions of parental involvement and effects of school climate on bullying behaviors among South korean middle school students

This study uses an ecological systems theory to understand bullying behavior. Emphasis is given to overcome limitations found in the literature, such as very little empirical research on functions of parental involvement and the impacts of school climate on bullying as an outcome variable. Two functions of parental involvement investigated are (a) bridging the negative experiences within the family with bullying behaviors at schools, and (b) influencing school climate. Bullying behaviors were measured by a modified Korean version of Olweus' bully/victim questionnaire (reliability range: .78-.84) from 1,238 randomly selected Korean middle school students in 2007. Findings from structural equation modeling (SEM) analyses showed that (a) individual traits are one of the most important influence on bullying, (b) negative experiences in the family do not have direct influence on bullying behaviors at school, (c) parental involvement influences school climate, and (d) positive school climate was negatively related to bullying behaviors.     

Teen Court: What Jurors Can Tell Us About the Process

Teen courts are on the increase throughout the United States. These courts provide an opportunity for youth offenders to receive sentences from their adolescent peers rather than from an adult panel or judge. Yet, we know t very little about the teen jurors' perspective or whether their sentences reflect restorative justice principles. In more than 100 youth juror surveys, t teens describe their experiences as they develop sentences consistent with restorative justice tenets. Through their participation, youth jurors gain practical knowledge about and respect for the judicial system. The efficacy of the sentences is validated by high offender sentence completion.