Juvenile Justice in Oregon: Balanced and Restorative Justice in Action

The goals of Balanced and Restorative Justice (BARJ) are to hold juvenile offenders meaningfully accountable, hear and empower crime victims and engage communities both as stakeholders who have been negatively impacted and as advocates to make things right for the crime victim, offender, and community. This article examines how several Oregon juvenile justice agencies have put BARJ into action over the last 25 years, highlighting specific examples of how several agencies have made this the philosophical underpinning of their work. An overview of the philosophical principles, values, and goals that drive this approach is also discussed.     

Criminal Recidivism Among Juvenile Offenders: Testing the Incremental and Predictive Validity of Three Measures of Psychopathic Features

We studied the predictive, comparative, and incremental validity of three measures of psychopathic features (Psychopathy Checklist: Youth Version [PCL:YV]; Antisocial Process Screening Device [APSD]; Childhood Psychopathy Scale [CPS]) vis-à-vis criminal recidivism among 83 delinquent youth within a truly prospective design. Bivariate and multivariate analyses (Cox proportional hazard analyses) showed that of the three measures, the CPS was most consistently related to most types of recidivism in comparison to the other measures. However, incremental validity analyses demonstrated that all of the predictive effects for the measures of psychopathic features disappeared after conceptually relevant covariates (i.e., substance use, conduct disorder, young age, past property crime) were included in multivariate predictive models. Implications for the limits of these measures in applied juvenile justice assessment are discussed.     

Co-option,coercion and compromise: challenges of restorative justice in Victoria,Australia

Restorative justice (RJ) encompasses a widely diverging set of practices whereby those most affected by crime are encouraged to meet, to discuss the effects of harms caused by one party to another, and to agree upon the best possible redress of harms when appropriate. In its inception in the late 1970s, RJ was conceptualized and developed as an alternative to formal criminal justice practices. Since this time, however, RJ has largely moved from being an alternative to criminal justice practices to an ‘alternative’ practice within criminal justice systems. This institutionalization has resulted in the significant growth of RJ practices, but has also resulted in RJ being used for criminal justice system goals that are at odds with the needs of victims or offenders. This paper examines the use of the Youth Justice Group Conferencing Program in Victoria, Australia. Drawing from interviews with conference conveners, our research highlights problems related to administrative ‘constraints’ and ‘co-options’ in conferencing in terms of referrals, preparation of conference participants, and victim participation. Following presentation of findings, we conclude with a discussion of implications for the use of RJ within a highly institutionalized setting.     

广州市未成年人社区矫正工作的创新与试点——需求评估、介入措施与实际效果

一、背景对未成年人的矫正与介入是社区矫正工作的重点内容之一。由于未成年人在各项法庭程序、特别是刑事案件的审理、羁押过程中,心理上往往受到强烈冲击,同时其家庭、求学等社会环境也往往发生极大的改变,在审判之后也容易遇到许多生活和心理上的困难,从而使其在外部环境和内部心理方面都陷入困境,触发种种社会问题。     

Community Service Orders in Hong Kong, England, and Wales: twins or cousins

Hong Kong's Community Service Order (CSO) is anchored in the probation service and has not had to face problems related to the cultural divide and professional rivalry between community service and probation staff similar to England and Wales. CSOs in both jurisdictions differ in offenders' minimum age and in seeking offenders' consent and have been rarely used for young offenders. They have widened the net of social control, and there have been difficulties in positioning them in the sentencing tariff. Although retributive penal practices might have crept into Hong Kong after China's takeover in 1997, its CSO has retained rehabilitative elements. In England and Wales, the renaming of CSO as the Community Punishment Order reaffirmed its retributive nature, however the Pathfinder projects have taken it back to its origins as a rehabilitative measure. We suggest that CSOs should move further toward restorative justice by the involvement of victims in the choice of community services.     

Wife Abuse in Hong Kong Chinese Families: A Community Survey

The present study aimed to explore the extent and pattern of wife abuse in Hong Kong Chinese families. The sample included 1,132 married women aged 18 or older randomly selected from the community. Results showed that 67.2% of the surveyed women reported at least one incident of verbal abuse, and 10% experienced at least one incident of physical abuse by their husbands during the surveyed year. Husband-to-wife minor physical violence was almost seven times more than husband-to-wife severe physical violence (9.8% vs 1.4%). Couples' age and their age differences were related to physical wife abuse but not verbal wife abuse. Specifically, physical wife abuse in the form of minor violence occurred most frequently among married men and women aged 30 or below; and both minor and severe physical violence to wife was found most frequently among couples whose ages were more than 20 years apart. Couples' education level, differences in education, occupation, family income, and number of children were not related to various forms of wife abuse; whereas the length of marriage and marital satisfaction were significant correlates of wife abuse. Results were discussed with regard to relevant local and Western studies.     

粤港澳刑事警务执法合作的内容与机制构建

随着近年来跨境犯罪的增加,粤港澳警方的刑事警务执法合作体系的构建也越来越趋于成熟,刑事警务执法合作的内容与机制已经初具模型,对中国区际刑事执法合作的研究具有示范性意义。司法实践主体在代为调查取证、送达法律文书、情报交流、缉捕遣送通缉犯、追缴和移交赃款赃物、刑事案件管辖移交、学术交流等合作内容的基础上逐步构建了完整的粤港澳合作机制。     

香港社区警务制度及其影响探究

社区警务是20世纪末在国际范围内兴起的一种适应市场经济体制的警务模式,这种模式已经成为国际警务发展的大趋势。作为原英国殖民地,香港的法律制度和警察体制都深受英国警务制度的影响,从而形成了具有香港特色的较为严谨的法律体系和专业警察队伍。20世纪70年代,英国的社区警务制度在香港悄然兴起,并在遏制犯罪和促进警民关系等方面起到积极作用,形成了相对完整、系统的社区警务模式。香港回归以来,内地公安机关逐渐引入香港先进的警务模式和理念,从而对大陆的警务政策的制定和警民关系的维护产生了巨大的影响。     

Relational Justice in Organizations: The Group-Value Model and Support for Change

This paper examines the psychological dynamics of the Group-Value Model for a behavioral orientation which has seldom been considered in the social justice literature: acceptance and support for change. A field study was conducted, with 176 participants members of an organization which was undergoing a change process. Participants were asked (a) to think of a specific relevant conflict situation with their supervisor; (b) to evaluate supervisor's behavior in that situation, with respect to relational and distributive justice; (c) to state the justice aspects most valued in conflict situations with their supervisor. A test of the model was conducted through a mediation analysis. According to the Group-Value Model (GVM), respect experienced within the group and pride in the group were mediating variables between justice judgements and orientation toward acceptance and support for change in the organization. Interactional and procedural aspects (relational judgements) were the only ones to predict pride, respect, and behavioral orientation, and were also the ones most valued in general conflict situations with the supervisor. The model was also tested at three different levels of analysis: organization as a whole, department, and work group. This confirmed pride and respect within the group as mediating variables between relational justice judgements and orientation toward acceptance and support for change at the department and workgroup levels.     

香港民事诉讼制度改革之回顾与前瞻

香港的民事司法改革历时十年,彰显了民事司法理念的深度变迁,对民事司法制度的发展具有里程碑意义。新规则自2009年4月2日正式施行以来进展大致顺利,在克服诉讼拖延、促进和解、发展调解等方面取得了一定的成效,但改革终究不是一蹴而就的纸面化改造。在新制度与旧观念相互碰撞又各自发挥作用的时期,如欲推翻法律职业者乃至普通民众的思维定势,变革深埋于制度底层的文化样态,其中的困难同样是显而易见的。     

Science,art and alchemy: best practice in facilitating restorative justice

This paper explores the role and process of facilitation in restorative justice (RJ). Drawing from a victim offender conferencing program used after serious crime in New South Wales Australia, 84 interviews with restorative facilitators were thematically analysed. The skills, techniques and strategies used to prepare, conduct and de-brief cases are considered including managing complex cases where participants present with intense anger and grief, poor insight into offending and cognitive and mental health issues. While good facilitation is in part the result of knowledge, training and experience, the art of great facilitation relates to the interplay of the facilitator’s inherent characteristics, capacities and world-views alongside this knowledge, skill and experience. While facilitating well is premised on an appreciation of the alchemy that exists within RJ, advanced facilitators use the alchemy to shape the process. Good practice is further enabled through workplace structures that support a team approach where there is open deliberation around needs, risk and harm. Because good facilitation is paramount to the best practice of RJ this paper has implications for current policy debates concerning RJ standards and the training and accreditation of RJ practitioners.     

Serving Juvenile Time in New Mexico: A Comparison of Institutionalized and Reintegrated Male Offenders*

In New Mexico, all male juveniles sentenced to serve time in a state facility eventually go to the New Mexico Boys' School (NMBS), including males who are candidates for a reintegration center. The current study compares a random sample (n = 98) of youths released from the NMBS with a group (n = 92) who completed a reintegration program. Two key questions guided the research: (1) What role do personal-biographical or socio-legal factors play in the decision to assign a youth to the reintegration center rather than to have him remain at the Boys' School? and (2) Among juveniles who participated in either program, what personal-biographical or socio-legal factors provided the greatest insights into the length of their stay in state custody? By addressing these questions, the current study not only examines institutional decision-making processes, but also addresses the outcomes that result from the decisions. The policy implications of both the processes and the outcomes are addressed in this article.     

Evaluation of a restorative justice-based,community-based program for people who have offended sexually: participant impact

Community Justice Initiatives, Kitchener, Canada, offers a Restorative Justice program called Revive to people impacted by sexual harm, including men who have offended sexually. This volunteer-led program treats participants with compassion while holding them accountable for sexual harm perpetrated. Program goals include reducing isolation, promoting self-awareness, and fostering healing. Based on restorative justice principles, positive community reintegration and reduction of further sexual offending are the ultimate goals of the program.

We evaluated information from a questionnaire administered at intake, after the 7-week phase, and again after participation in the peer-support group. Participants responded quantitatively about the impact of Revive on six sexual offense-related outcomes statements (e.g., gaining understanding of their triggers, understanding why they sexually offended). They also indicated the impact of Revive on psychosocial dimensions such as stigma perception and social support. Qualitative questions further elucidated the experience of Revive participation. Findings suggest that Revive has an impact on self-understanding of why they sexually offended, victim empathy, as well as stress reduction and increased self-esteem. We conclude that the restorative justice framework is a very hopeful, positive one and that the Revive program is effective at enacting restorative justice-based principles.     

Victims and the restorative justice ambition: a London case study of potentials,assumptions and realities

Restorative justice is coming out of the shadows and in Europe this interest grows alongside a stronger victims’ movement with a domino effect on EU member states’ laws. In the UK, legislation now allows restorative justice at all stages of the criminal justice system, and as part of these developments, new restorative justice services that will be ‘victim-led’ are being funded. This paper questions this ‘kind’ of restorative justice, using unpublished findings from a research project that was conducted in 2017 in London. The project involved a survey with 66 victims and 44 offenders, followed by 11 in-depth victim interviews and a focus groups with 7 victims and practitioners. The data point out a number of assumptions and caveats, which must be addressed in order to ensure that further investment in restorative justice will yield benefits to all those whose lives are blighted by crime. The conclusions are relevant to anyone practising restorative justice internationally including policy makers and funders.     

Incapacitation: Revisiting an Old Question with a New Method and New Data

We use the National Longitudinal Survey of Youth 1997 to obtain estimates of the number of crimes avoided through incapacitation of individual offenders. Incarcerated individuals are matched to comparable non-incarcerated counterparts using propensity score matching. Propensity scores for incarceration are calculated using a wide variety of time-stable and time-varying confounding variables. We separately analyze juvenile (age 16 or 17) and adult (age 18 or 19) incapacitation effects. Our best estimate is that between 6.2 and 14.1 offenses are prevented per year of juvenile incarceration, and 4.9 to 8.4 offenses are prevented per year of adult incarceration.

Anti-triad legislations in Hong Kong: issues, problems and development

One way to tackle triad societies is through effective legislation. The present article first describes and reviews the legislation dealing with triad activities in Hong Kong – The Societies Ordinance – and highlights the main issues and problems. Four issues are discussed, namely ambiguity in the definition of triad membership, doubtful neutrality of triad experts, outdated triad-related literature cited in the court, and the contradiction with human rights and freedom of expression. The article further examines the effect of the ordinance in suppressing triad activities and argues that the law is not very effective in penalizing senior triad members, thus justifying the need for a new legislation to contain the growth of triad activities and organized crime.     

Differences in Psychosexual Development Among Child,Peer, and Mixed Juvenile Sex Offenders

Researchers have examined a number of typologies of juvenile sex offenders, including victim age. Using data from psychological evaluations and the Multiphasic Sex Inventory-II (MSI-II; [Psychological assessment of sex offenders, 2010 ]), this study compared child offenders (i.e., victims were more than 4 years younger), peer offenders (i.e., victims were 4 years younger or less), and mixed offenders (i.e., both child and peer victims) on variables including victim, offender, and offense characteristics, and psychosexual development. Peer offenders had more severe sexual offenses, prior status/nonviolent charges, and issues with sexual functioning. Mixed offenders began offending at a younger age and were indiscriminate in gender and relationship of the victim. Mixed offenders were also more likely than child and peer offenders to have prior sex offender treatment, meaning they had previously failed treatment. As juvenile sex offenders are a heterogeneous group, these research findings suggest that child offenders, peer offenders, and mixed offenders’ treatment needs differ from each other.     

Workplace violence in Hong Kong, China: nature, impact, and preparedness

This article reports a survey of workplace violence in Hong Kong. A sizable number of the 1,198 organizations that were questioned reported that they had experienced such violence over the 2 years preceding the study, but the problem was not prevalent. In both the private and government sectors, nonphysical violence happened more frequently than physical violence, and there was a reported lack of preparedness of many organizations to deal with the violence. Compared with private organizations, government organizations experienced more coworker and customer violence, but more private than government organizations believed that workplace violence caused the loss of key employees and clients. Correlation analysis found that a subculture of workplace violence appears to emerge over time, such that the more customer violence is experienced, the more is coworker violence, and the more the nonphysical violence, the more the physical violence. These findings are discussed with reference to international findings.     

Assessing police treatment in Ecuador: the view of satisfied and disaffected female serious offenders

This empirical study examines procedural justice perceptions among 51 female serious offenders in Ecuador, with the aim of identifying differences between those women who were satisfied with law enforcement and those who were not. The results demonstrate that when women were treated with courtesy and respect, and their rights were acknowledged, they felt satisfied with the police, in a way that they did not give importance to the irregularities they observed while arrested and in custody. On the other hand, the majority of women participants were dissatisfied with the police. Their dissatisfaction with, and lack of trust in, the authorities affected their desire to cooperate with police activities. The study also demonstrates that, although the Ecuadorian police force has made considerable efforts in promoting citizens’ trust during the last 7 years, corruption and illegal police conduct when dealing with offenders are far from uncommon.