The New Zealand Model of Family Group Conferencing

The Family Group Conference (FGC) originated in New Zealand where it is the foundation stone of the Youth Justice system introduced in 1989. A significant feature of that system is the way in which it enables restorative justice principles to be implemented in an integrated manner in a statutory framework supervised by the courts and applicable to all young offenders throughout New Zealand. FGCs are used both as a diversionary technique (pre-adjudication) and at a (post-adjudication) pre-sentencing stage. In addition this type of model is now being applied in a voluntary way but on a small scale with adults. A significant feature of the FGC model is its greater use of community-based solutions with a consequent reduction in the number of young persons in state institutions.     

Family Group Conferencing and Re‐Offending Among First‐Time Juvenile Offenders: The Indianapolis Experiment

Restorative justice processes, and family group conferences in particular, have become increasingly common in justice system practices across the globe. There has also been significant scholarly interest. Yet, with several notable exceptions, much of the research has been characterized by relatively weak designs, and questions related to the impact of family group conferences on re‐offending remain unanswered. This research is intended to begin to address these issues. The study is based on an experiment conducted in Indianapolis, Indiana whereby young, first‐time‐offending youths were randomly assigned to either a family group conference or one of a number of court‐ordered diversion programs. Nearly 800 youths participated in the experiment, and the cases were tracked for 24 months following their initial arrest. Survival analysis techniques were used to compare prevalence patterns of re‐offending among the treatment and control groups. The results indicated a significant difference between the two groups with the control group experiencing higher rates of failure (re‐offending). The differences were most pronounced during the period of 3–8 months following the initial arrest. Incidence rates were also compared. Assignment to the treatment group was negatively related to incidence of offending. Given the consistent finding of victim benefits in restorative justice processes, the results suggest that conferences hold promise as an effective intervention, at least for young first‐time offenders, and warrant continued experimentation.     

Subaltern connections: Brazilian critical geographers,development and African decolonisation

Abstract

This article explores the relations to Africa and African decolonisation of three key figures in Brazilian critical geographies and development studies, Manuel Correia de Andrade (1922–2007), Josué de Castro (1908–1973) and Milton Santos (1926–2001). Based on an analysis of their works and unpublished archives, I argue the radical Third World perspectives these intellectuals expressed anticipated later critiques of development as a neocolonial device. Drawing upon current literature on decolonisation, international conferencing and anti-racist solidarity networks, I discuss these matters in relation to these authors’ interest in cultural diversity and internal colonialism. Crucially, they developed this sensitivity in the Brazilian Northeast, a region especially shaped by Afro–Brazilian and Indigenous cultural legacies. While supporting anti-imperialist nationalisms in the Third World, these Brazilian scholars fostered multilingual, internationalist and cosmopolitan activism and scholarship. This is revealed by the study of the transnational networks they developed during exile and the various persecutions that many of them suffered after the 1964 military coup. Finally, I argue these works can substantiate recent claims to ‘decolonise’ geography and development studies, on the condition that these fields of study take seriously their anti-imperial traditions and their ‘voices from the South’.     

Frenemies: restorative justice and customary mechanisms of justice

More often than not, restorative justice is said to take roots in Indigenous practices. In fact, Indigenous and other traditional mechanisms of justice are often described as examples of restorative justice practices. In New Zealand, the government equates the Mãori approach to doing justice with family group conferences (FGC); a restorative justice mechanism which it claims embodies Mãori values and preferences. This article contends, however, that the type of ‘justice’ embodied in customary mechanisms, has often been taken out of context, and rendered universal and ahistorical through its representation as restorative justice mechanisms. Using fieldwork evidence, an analytical comparison between principles of restorative practices, New Zealand’s FGCs and the Mãori approach to justice was conducted. It concludes that this tendency to equate restorative justice with Indigenous approaches to law and justice is harmful and dangerous for it risks rendering the scholarship homogenizing and universalizing restorative justice, to the detriment of local preferences and practices.     

REFLECTIONS ON THE STATE OF CONSENSUS-BASED DECISION MAKING IN CHILD WELFARE

Consensus approaches to child protection decision making such as mediation and family group conferencing have become increasingly widespread since first initiated about 25 years ago. They address but are also constrained by paradoxes in the child protection system about commitments to protecting children and to family autonomy. In a series of surveys, interviews, and dialogues, mediation and conferencing researchers and practitioners discussed the key issues that face their work: clarity about purpose, system support, family empowerment, professional qualifications, and coordination among different types of consensus-building efforts. Consensus-based decision making in child protection will continue to expand and grow but will also continue to confront these challenges.     

Responding to young people responsible for harm: a comparative study of restorative and conventional approaches

Research investigating the impact of restorative responses on offenders has increased in sophistication and complexity over the last decade. Extending beyond earlier studies documenting satisfaction with restorative justice, investigators have considered its relationship with recidivism, reparation compliance and perception of fairness. A few experimental studies have compared conventional and restorative approaches, with results generally favoring the latter. This study focuses on intermediate outcomes of justice approaches on adolescents responsible for harm. These outcomes represent benefits of restorative justice often theoretically argued but rarely empirically evaluated. The study employed a quasi‐experimental design and scales developed through previous qualitative research and consultation with stakeholders. Adolescents participating in conventional vs restorative responses, in both court and school contexts, were compared on eight variables in three areas: accountability, relationship repair and closure. While some variation in outcome depends on context, the results add to the growing literature documenting the benefits of restorative approaches.     

Talk it out: toward a narrative theory of community conferencing

I advance a narrative theory of restorative justice-practice – more specifically a narrative theory of community conferencing practice. I contend that positioning theory, a particular type of narrative theory, enhances the understanding of how community conferencing works. I argue that positioning theory offers a significant advancement of the current theories of community conferencing practice – affect theory and the theory of reintegrative shaming. In order to make this argument, I provide a brief history of the development of the practice of community conferencing, followed by a discussion of the current predominant theories of community conferencing practice. Then, I discuss the value of narrative theory, with a specific focus on the utility of positioning theory. Finally, I apply positioning theory to an understanding of community conferencing practice and suggest areas for future investigation of the utility of the theory.     

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.     

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.