Behind the Walls and Beyond: Restorative Justice,Instrumental Communities,and Effective Residential Treatment

Although restorative justice principles and practice have been applied extensively in community‐based juvenile justice settings, implementation in residential treatment facilities has been far less common. We describe recent experimentation and possibilities for broader application to disciplinary infractions, the response to harm and crime, promoting community and citizen input, “community building” for conflict resolution skill development and changing the culture of facilities, and reentry. We conceptualize three “communities” as most relevant to addressing needs of incarcerated youths, their victims, and support groups, and then discuss theoretical frameworks and empirical research supportive of restorative practice in this context. Challenges to implementation of restorative practice, compatibility with other treatment and disciplinary agendas, and concerns about preserving the integrity of the model are also considered.     

MEDIATING JUDICIAL POLICY

Despite the widespread use of mediation to resolve public policy disputes, there is little written on the mediation of judicial rule disputes. A successful mediation of a dispute over proposed court rules to govern mediation of certain family law cases involving domestic violence concerns is reviewed. The authors conclude that the mediation provided (a) a confidential venue for disputing judges to respectfully disagree with one another, (b) an opportunity for collaborative problem solving, (c) an opportunity to reduce conflict among judicial colleagues. (d) a format for dialogue with other stakeholders, and (e) greater degree of influence with regard to the outcome of the dispute. Specific recommendations to encourage the effective use of judicial policy mediation are offered.     

SELF-CONTROL IN A CRIMINAL SAMPLE: AN EXAMINATION OF CONSTRUCT VALIDITY*

Favorable evidence on the validity of the Grasmick et al. (1993) self-control scale has been reported in studies using general population samples. However, the scale has never been tested among persons extensively involved in crime. We assessed the construct validity of this scale, slightly revised, in a heterogeneous sample of drug-using criminal offenders. Factor analyses identified five subscales, mostly congruent with existing formulations of the self-control construct. Also, recent crimes of force and fraud were more frequent among people scoring lower on self-control. However, the five-factor solution was not tenable among women, and the scale was no more closely related to crime than were three subscales representing more specific constructs already established in criminology.     

DEPENDENCY COURT MEDIATION

This article discusses the roles and levels of participation of the various participants in juvenile and dependency court mediation, and also examines potential gains and losses associated with participation for family members and the social worker.     

The Organizational Context of Legal Control

This article examines interorganizational variation in determinants of police arrest decisions. Drawing on Wilson, we identify four types of police agencies by cross-classifying levels of bureaucratization with professionalism. Evidence from the analysis indicates that factors influencing arrest decisions are conditional on the organizational contexts in which such decisions occur. In different types of police agencies, officers respond to similar situations differently. Hence, "global" decision-making models are we incomplete than incorrect. We argue that consideration of the contexts within which discretion is exercised is necessary for advancing our understanding of decision-making in justice system agencies.