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.     

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.     

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.     

Māori,Family Group Conferencing and the Mystifications of Restorative Justice

Abstract

The Family Group Conferencing (FGC) forum is often presented by policy entrepreneurs and advocates as indicative of the ability of restorative justice (RJ) to accommodate the cultural and justice needs of diverse populations. In this article, we present recent empirical research from one of the authors on Māori experiences of the forum. Drawing from this research, as well as other secondary sources, we demonstrate that far from being an exemplar of culturally appropriate justice practice, the forum is experienced by some Māori participants as one that encloses Indigenous culture and Indigenous participants within a Eurocentric, formulaic, and standardized process. The final section of our article reveals changes to the development of restorative policies and the practice in the Aotearoa New Zealand context that Māori participants believe are necessary to make the movement, and interventions such as the FGC, an empowering experience for Māori.     

What is Restorative Justice? Fresh Answers to a Vexed Question

Abstract

It has become commonplace to say that restorative justice cannot be defined. I argue that restorative justice can and must be defined concretely as a justice mechanism. I develop this argument with four points: (1) restorative justice is not a type of justice, it is a justice mechanism; (2) retributive justice is not a type of justice or a justice mechanism; (3) restorative justice is one of many justice mechanisms under an innovative justice umbrella; and (4) restorative justice can be defined. The way forward is to assess and compare a variety of justice mechanisms, which reside on a continuum from conventional to innovative. In time, the justice mechanisms studied may come to matter more than the concept of restorative justice.     

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.     

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.     

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.     

“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.     

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.     

A political economy for social movements and revolution: popular media access,power and cultural hegemony

Abstract

One key marker of mass social movements transitioning to participatory democratic governance is popular media access. This essay argues that democratic media access by public constituencies becomes a site for constructing social revolution and simultaneously a manifest empirical measure of the extent of democratic participation in the production, distribution, and use of communication with new cultural possibilities. The participatory production practices (with citizens producing and hosting their own programs) and the democratic content (of oral histories, local issues, critiques of government and business, and everyday vernacular) reflect the hegemony of emerging ‘Bolivarian’ twenty-first century socialism expressed as popular participation in media production. Bolstered by constitutional changes and public funding, popular social movements of civil society, indigenous, women, and working class organizations have gained revolutionary ground by securing in practice the right of media production. Findings indicate that public and community media (that move beyond alternative sites of local expression and concerns) provide a startling revolutionary contrast to the commercial media operations in every nation. Popular media constructions suggest a new radically democratic cultural hegemony based on human solidarity with collective, participatory decision-making and cooperation offering real possibilities and experiences for increased equality and social justice.     

The Arts,Social Health,and the Development of Cultural Indicators

Abstract

This paper explores the relationship between the arts and the growing research literature on social indicators in the United States. Building upon research and theory that identifies the need for indicators of “social health” that are broader than traditional measures of economic well‐being, this paper suggests that the arts are particularly useful terrain for conceptually extending quality of life research. After illustrating the broad range of thinkers who have argued that arts benefit society, the paper provides an overview of the various forms of arts data that are currently collected. Focusing on recent efforts to evaluate the quality of life within local communities and recent research on arts education, the paper suggests that scholars need to focus on building a clearer framework that connects arts data with the broader arguments about the social contribution of the arts. The paper concludes by identifying diversity, creativity, community, and participation as examples of concepts that can link existing arts data with the widespread belief in the democratic value of the arts, and argues that quality of life research needs to incorporate key community “assets”, including participation and practice in a vibrant arts world, into both the methodological and normative framework for defining social health.     

“Communities of Practice” as an Analytical Construct: Implications for Theory and Practice

Abstract

The “community of practice” (CoP) has emerged as a potentially powerful unit of analysis linking the individual and the collective because it situates the role of learning, knowledge transfer, and participation among people as the central enterprise of collective action. The authors?uo; surface tensions and highlight unanswered questions regarding CoP theory, concluding that it relies on a largely normative and under-operationalized set of premises. Avenues for theory development and the empirical testing of assertions are provided.     

Recreational Participation Among Ethnic Minorities and Immigrants in Canada and the Netherlands

Abstract

In this paper, we compare the community engagement of minorities as measured by group recreational activity in Canada and the Netherlands—two countries with high immigration intake and high levels of ethnocultural diversity. Using logistic regression, we ask questions concerning the determinants of recreational participation, focussing on the degree to which differences are a product of minority status or of more general socioeconomic status. We also compare rates of participation in the two countries to see if there is an underlying difference, which can be explained by socioeconomic and demographic status. We find that sociodemographic characteristics are generally much stronger predictors of participation than characteristics associated with minority status, regardless of country.     

Black lives and climate justice: courage and power in defending communities and Mother Earth

Abstract

This article shares examples of the leadership of Black communities and social movements in the struggle for climate justice, in four different parts of the world: resisting extraction and promoting community health in Nigeria; addressing extreme climate impacts and building people’s sovereignty in Haiti; confronting repression, defending territory and Mother Earth in Honduras; and cultivating community control and building a land-based movement in the US. Together, these examples have rich lessons to share around the importance of linking climate justice with racial justice; of combining strategies of resistance with those of creating alternative models; of maintaining focus on Black communities’ connections with land, territory and Mother Earth; of recognising and creating space for women’s leadership; and of intersectionality across geography and sector.     

“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.     

Reframing Development through Collaboration: towards a relational ontology of connection in Bawaka,North East Arnhem Land

Abstract

This paper draws on the collaborative experiences of three female academics and three generations of Yol?u women from an Aboriginal family from Bawaka, North East Arnhem Land to contribute to debates in development around participation, power and justice. Through a reflection on the process of collaboratively co-authoring two books and associated outputs, the paper discusses the way the collaboration is guided by collective priorities that are held as paramount: trust, reciprocity, relationships and sharing goals. The paper draws particular attention to the essential role that families and non-human agents play in shaping these priorities. The relational ontology which underlies this collaboration is inspired by a Yol?u ontology of connection that requires us to acknowledge ourselves as connected to each other, to other people and to other things. Guided by this Indigenous ontological framework, we reframe the concept of collaboration and of development as inherently and always relational.     

What Foster the Climate for Merit?: Test of a Mediation Model

ABSTRACT

The failure of performance management in the public sector can be conceived as the failure to create the right climate for merit. This study proposes a mediation model explaining howorganizational climate for merit can be fostered. The analysis of the 2015 Federal Employee Viewpoint Survey reveals that constructive use of effective performance feedback and encouraging participation will help create a climate for merit and that such associations were mediated by organizational justice perception and trust toward their supervisor.     

GRASSROOTS MOBILIZATIONS IN THE SOUTHWEST FOR ENVIRONMENTAL AND ECONOMIC JUSTICE

ABSTRACT

The purpose of this paper is to characterize activities of an Albuquerque based organization called the SouthWest Organizing Project. Aligning with other people of color, Chicanos in the Southwest connect to a national and international movement for environmental and economic justice to tackle the negative impacts of global restructuring. This paper presents issues and strategies regarding the expansion of Intel Corporation, the poisoning in high tech employment, anti-NAFTA position, inadequate infrastructure, and the placement of a courthouse in a long-standing community. Armed with knowledge, oppositional consciousness, principled strategies, and a politics of engagement, environmental justice activists are inserting themselves into questions of international economic integration, local economic development, neighborhood change including issues of gentrification, infrastructure, tax abatements, natural resource management, zoing, and an array of development issues.