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.     

Anxiously Awaiting the Future of Restorative Justice in the United States

Abstract

The problems of mass incarceration and other criminal justice system failures in the United States—such as racial disparities, wrongful convictions, and high recidivism rates—have reached a tipping point. For the first time in decades, coalitions of politicians on the left and right are seeking criminal justice reform. What is the place of restorative justice in these efforts? What is the depth and breadth of restorative justice implementation? How familiar is the American public with restorative justice? How successful is the restorative justice movement? In this article, we seek answers to these questions as we try to assess the future of restorative justice in the United States.     

“Yardsticks” for Victim Sensitive Process: Principle-Based Standards for Gauging the Integrity of Restorative Justice Process

For almost two decades restorative justice practices have demonstrated positive impacts on crime victim satisfaction when compared to court and other adversarial processes. Although restorative justice practice has by no means addressed the myriad needs of the majority of crime victims, researchers and policy makers have puzzled about how to interpret these generally positive findings. We suggest that remaining difficulties in interpretation and application of findings 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. This article focuses primarily on the first problem, defining the “independent variable” in restorative practices aimed at having an impact on crime victims. Using qualitative data from a national case study, a principle-based approach to evaluation with implications for intervention theory and both input and outcome measures in future research is proposed and briefly illustrated.     

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.     

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.     

Community Participation in Restorative Justice: Rituals,Reintegration, and Quasi-Professionalization

Abstract

Community has long been identified as the key third party in restorative justice processes. However, when it comes to both theorizing community in restorative justice and the actual practice of community participation, conceptual clarity is lacking. A careful reading of the sociological literature on restorative justice and community point to two main reasons why we want to encourage community participation: the creation of effective ritual and offender reintegration. In this article, we present findings from an empirical study of conferencing. We explore varieties of community participation and discuss the benefits and tensions that arise when community participation becomes a formalized element of a mainstream restorative justice practice.     

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.     

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.     

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.     

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.     

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.     

Tracing the Rise of Evidence-Based Juvenile Justice in Florida

The movement toward evidence-based practice in juvenile justice has encouraged a research-informed approach that prioritizes the principles of effective intervention. And yet the shifts in this direction have been uneven across different states. This pattern underscores the value of state-level case studies for understanding the pace and nature of juvenile justice reform in recent decades. The authors provide such a study for the state of Florida. They begin in 1994 with the creation of the Florida Department of Juvenile Justice. The authors describe the unique history in these early years and identify the political and cultural factors that variously encouraged and constrained evidence-based reform. They then describe the resulting system that pervades today. The authors emphasize four key elements that define the current operation of Florida juvenile justice. They conclude by situating Florida’s shifts within the broader dialogue on evidence-based practice in U.S. juvenile justice.     

Blaming the Victim: Perceptions About Incarcerated Sexual Assault Victim Culpability Among a Sample of Jail Correctional Officers

Research examining correctional officer perceptions about the sexual victimization of inmates is rare. This research offers a first glimpse of what personal, job-related, and attitudinal factors influence blaming incarcerated sexual assault victims among a sample of 376 jail correctional officers in one state. Surveys are utilized to elicit understanding about officer perceptions of incarcerated victims. Findings indicate that jail correctional officer blaming of incarcerated sexual assault victims is highly correlated with perceptions about rape myths and homosexuality. Specifically, officers who adhere to rape myths and disapprove of homosexuality are more likely to blame incarcerated victims of sexual assault. This study is a first to examine factors correlated with jail correctional officer blaming of incarcerated sexual assault victims. The results are useful in understanding the perspectives of jail correctional officers and experiences of victims incarcerated in jails. Implications for correctional institutions and authorities include attending to the issue of sexual assault in correctional facilities, understanding staff perceptions that are related to this issue, training of staff, and classification of inmates.     

Refining and Resolving the Blur of Gault for Juvenile Capital Offenders in Texas: A World without the Juvenile Death Penalty

Texas's approach to juvenile capital offenders has been profoundly lacking any balance of the interests of accountability and rehabilitation. Texas has employed adult transfer for juvenile capital offenders with potential life imprisonment and possible parole in 40 years and determinate sentencing to adjudicate capital offenders in juvenile court, yielding a maximum sentence of 40 years in prison. Legislative initiatives in the 1990s to curtail parole have led to only 22 percent of violent offenders receiving early release while serving an average of 61 percent of their sentence. Aggravated offenders, including youth capital offenders, serve at least 80 percent of their total incarceration time. Notably the Texas framework does not effectively allow for offenders whose acts were the product of either an undeveloped or disabled mental capability to be punished appropriately and distinctly from those who possess psychotic or antisocial tendencies—or adult offenders. This deficiency is worsened as a result of the recently passed legislation SB.60, which establishes that juvenile capital offenders must receive the sentence of life without the possibility of parole upon conviction. Texas can create a more precise approach with three modifications: (1) centralize all youth capital adjudications to a criminal court, (2) effectuate separate imprisonment and enhanced educational programs for the first ten years of incarceration, (3) implement a “soft-ten” sentence where after the initial ten years of imprisonment the presumption for release favors the offender unless the state establishes that additional time is needed; this determination is primarily based on a complete psychological assessment of the offender.     

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.     

Freedom of information: Developments in the United Kingdom

The great Iranian whodunit

Edward Shirley (pseud.): Know Thine Enemy: A Spy's Journey into Revolutionary Iran, Farrar, Straus and Giroux, New York, 1997, 247 p. $24.00

The big con game

John Barron: Operation SOLO: The FBI's Man in the Kremlin, Regnery Publishing, Inc., Washington, D.C., 1996, 368 p., $24.95.     

(Mis)Understanding the Impact of Online Fraud: Implications for Victim Assistance Schemes

Australia provides victims of violent crime access to financial support to assist with recovery, excluding victims of nonviolent offences. The author examines the experiences of online fraud victims, and details how the impacts experienced extend beyond financial losses, to include deterioration in health and well-being, relationship breakdown, homelessness, and unemployment, and in the worst cases, suicidal ideation. Using online fraud as a case study, the author argues eligibility to access victim assistance schemes should consider harms suffered rather than the offence experienced. Consequently, the author advocates a shift in eligibility criteria of victim assistance schemes to facilitate much-needed support to online fraud victims.     

Descriptive Study of Precursors to Sex Offending among 813 Boys and Girls: Antecedent Life Experiences

In order to understand the precursors to sexual offending among youth and the associated gender differences, the records of 813 sexually abusive children (659 boys and 154 girls) referred for an evaluation of their sexually inappropriate and coercive behavior were reviewed and coded. These children ranged in age from 3 to 18 when they committed their first hands-on offenses. All were under the care of the Massachusetts Department of Social Services either prior to or as a result of their behavior. Principle findings included: (1) a high proportion of girls (19 percent) in a sample of children flagged as sexually abusive to other children, (2) an exceptionally high base rate of severe maltreatment and associated clinical and psychiatric sequelae, and (3) girls were significantly more likely to be sexually abused, and when sexually abused the abuse lasted longer, was more severe, and involved more perpetrators. In addition, the girls were significantly more likely to witness domestic violence and to witness sexual deviance within the home. For all other types of abuse, there were no group differences, and (4) all of the children were subjected to a very high level of caregiver instability.     

Justice,Not Jailbreak: The Context and Consequence of the First Step Act

ABSTRACT

The First Step Act, a legislative endeavor half nearly a decade in the making and advocated for by President Trump, represented the most significant easing of federal criminal punishment to date. This article discusses the historical antecedents for the prison and sentencing reform legislation and discusses its path through the 115^th Congress of the United States.