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.     

Presidential Saber Rattling and the Economy

Saber rattling is a prominent tool of the U.S. president's foreign policy leadership. Yet there has been no study of how presidential saber rattling affects international or domestic political outcomes. This study evaluates how presidential saber rattling affects U.S. economic behavior and performance. Theoretically, the study demonstrates that presidential rhetoric affects the risks that economic actors are willing to take, as well as the consequences of these resulting behaviors for U.S. economic performance. Using monthly time series running from January 1978 through January 2005, vector autoregression methods are applied to show that increased presidential saber rattling produces increased perceptions of negative economic news, declining consumer confidence, lower personal consumption expenditures, less demand for money, and slower economic growth. More broadly, the study demonstrates an important linkage between the president's two most important roles: foreign and economic policy leadership. The president's foreign policy pronouncements not only impact other nations, but also affect domestic economic outcomes.     

A Multidimensional Reputation Barometer for Public Agencies: A Validated Instrument

Reputation is of growing interest for the study of public bureaucracies, but a measurement that can discern between the subdimensions of reputation and is validated on real-life audiences has remained elusive. The authors deductively build, test, and cross-validate a survey instrument through two surveys of 2,100 key stakeholders of the European Chemicals Agency, the European Union chemicals regulator. This empirical tool measures an agency's reputation and its building blocks. This scale represents an important contribution to reputation literature, as it allows scholars to distinguish and measure which aspects of reputation public organizations are “known for” and build their claim to authority on, as well as how the profiles of public organizations differ. The authors find that direct stakeholder contact with the agency is necessary for stakeholders to be able to evaluate the separate dimensions of reputation independently. Evidence for Practice

• This study equips practitioners with a reputation barometer tailored to the public sector. It allows them to measure the reputation of their organization, in a differentiated fashion, among different stakeholder groups.
• While public organizations increasingly engage in reputation management activities, a potential caveat that emerges from our exercise is that managers might be steering in non-astute directions. While our study shows that, as for private actors, “performance matters,” procedural and moral aspects also weigh heavily in the eyes of stakeholders when it comes to public regulators.
• To secure a positive organizational image and the authority crucial for public agencies to operate, the performance management turn in the public sector may need to be supplemented by an enhanced organizational attention to procedural and moral aspects.

     

“In One Direction Only”: Chains of Reasoning and Tail Events in CAFA Amount-in-Controversy Claims

While the Class Action Fairness Act (CAFA) establishes a bright-line jurisdictional amount in controversy for removing cases from state to federal court, calculating that quantitative threshold in practice is a fraught and heavily litigated exercise. This article examines removals under CAFA to show the substantial lack of clarity in how state-law causes of action and damage claims interact to reach the jurisdictional threshold. It compiles cases illustrating the challenges surrounding removal litigation that flow from these uncertainties, particularly in how the structure of CAFA incentivizes defendants to chain together tail-event precedent to inflate theoretical amounts in controversy. It then applies a Coasean analysis to suggest these uncertainties impede efficient resolutions to litigation. Finally, it suggests a series of practical amendments to CAFA and its interpretive case law that would provide clarity, decrease forum-selection litigation, and enhance the efficacy of class litigation.     

Political economy of financial crisis duration

Public Choice - Over the last four decades, banking crises around the globe have become longer. Along with the unprecedented government responses to the Great Recession of 2007–2008,...     

Canada's views on North‐South negotiations

This article assesses the recent embrace of the concept 'civil society' within development discourses, both conceptually and in the context of the construction of civil society in El Salvador. It challenges the tendency to generalise about civil society, warning against its glorification as a panacea. In a critique of the liberal approach to civil society, commonly used among international agencies, the discussion highlights how civil society organisations in El Salvador are fragmented politically, socially, but also geographically. Furthermore, civil society is not a unified entity with its constituent organisations working towards common goals. Nor may it be created or imposed from above by governments or donors. Instead it comprises a diverse range of competing groups grounded in different historical, political and geographical circumstances. While it is suggested that fostering civil society is a useful aspiration, it is essential that the concept also be recognised as contested.     

Socrates in Aotearoa: teaching restorative justice in New Zealand

Much introductory material on restorative justice presents the subject from an idealistic point of view, in which assertions of its ethical superiority and advantages over retributive justice systems frequently go unchallenged. In New Zealand, this problem is particularly pronounced, as there is often a naïve acceptance that restorative justice is more culturally appropriate for offenders and victims with indigenous backgrounds. This article argues for a more nuanced approach to the teaching of restorative justice, using critical investigation of claims concerning its efficacy and examination of its problems in order to explore its promises and realities. One possibility for such an approach is the use of the Socratic Method, a teaching method with a demonstrated ability to engage students and foster critical thinking, but one that has also received criticism for its ability to intimidate and demean students. This method is widely used in law schools, but much less so in the social sciences. This article explores the use of this method in a New Zealand university class on restorative justice, examining both student perceptions of the use of the Socratic Method, as well as the efficacy of this approach in terms of knowledge retention and critical engagement.     

Gang activity in english prisons: The staff perspective

Abstract

Gang behaviour has been associated with serious problems in American prisons (e.g., Fong and Buentello, 1991). This study explored the possible existence of indicators of gang activity in English prisons. Surveys of problems consistent with gang activity were completed by 374 prison staff in 16 prisons that were representative of the English Prison Estate. Results showed significant differences between categories of institution. The most gang-related activity was reported in male Medium security prisons and Young Offender Institutions. The lowest reported incidence was in both male Low and High security prisons. Female establishments demonstrated levels lower only than Medium security male prisons. Discussion focuses concern on the levels of gang activity apparently present in the Medium security English Prisons and suggests directions for further research.     

Incapacitation and imprisonment: prisoners' involvement in community-based crime

Abstract

The impact of incapacitation on prisoners' offending behaviour is a neglected area of research. The aim of this study was to examine the extent and nature of prisoners' involvement in community-based crime in the UK. Participants were selected from nine prisons in the UK and consisted of 360 prisoners, 81 females and 279 males. Offenders were interviewed to assess levels and forms of involvement in community-based crime and perceptions of other prisoners' involvement. Levels of prisonization and institutional and demographic characteristics were used to identify vulnerability to involvement in community-based crime. Twenty-five per cent of the sample admitted personal involvement and 63% reported other prisoners' involvement in a diverse range of crimes. Analyses revealed prisoners involved in community-based crime are likely to be young, male recidivists who hold prisonized attitudes. Prisoners who are white, prisonized and recidivist reported highest levels of other prisoners' involvement in community-based crime. No age or gender differences delineated prisoners' reports of others' involvement. The results show that incarcerating offenders may not prevent their involvement in community-based offending. Discussion centres on the characteristics of involved prisoners and considers the implications of the results for rehabilitation and penal policy.     

What works for offenders and staff: comparing two multi-agency approaches to offender resettlement

Abstract

Between 2005 and 2007, the Kent and Medway Resettlement Programme (KMRP) piloted EXODUS (ex-offenders discharged under supervision), a multi-agency support system for identified prolific and priority offenders (IPPOs). Unlike traditional models of multi-agency support, EXODUS agencies work from the same location to maximize support for IPPOs, and inter- and intra-agency support for staff. This study assessed the perceived effectiveness of EXODUS. EXODUS staff and IPPOs were interviewed and their responses compared to those of traditional multi-agency support staff and IPPOs. Analysis showed that EXODUS IPPOs had committed fewer offences since receiving support than did comparison IPPOs. Neither group was more likely to be employed, but of those who were, EXODUS IPPOs were more likely to remain employed than comparison IPPOs. Most, regardless of type of support structure, recommended their programme and staff, although EXODUS IPPOs were more satisfied with the support they received. Staff believed that an expansion of the multi-agency approach was needed and that agency roles should be more clearly defined. EXODUS staff expressed higher efficacy in their own and colleagues’ ability to provide effective support and improved inter-agency relations and support from co-workers. However, EXODUS and comparison staff did not differ in levels of job satisfaction.