Justice that Restores

SUMMARY

Restorative justice is a movement within criminal justice that draws from a conception of justice as personal rather than impersonal. This article offers a definition of restorative justice and describes its hallmark programs: victim offender mediation, conferencing, circles, restitution, and community service. It explores the differences between restorative justice and contemporary criminal justice, including their relative strengths. Whereas criminal justice derives from an impersonal conception of justice, restorative justice draws from a personal understanding. Differences between the two views of justice are described, and a brief survey of history and cultures demonstrates that personal conceptions of justice have played, and continue to play, significant roles in shaping societies' responses to crime.     

Restorative Justice

Abstract

One of the most popular criminal justice paradigms is restorative justice. Restorative justice is victim-centered and focuses on repairing the damage individuals and communities suffer as a result of a criminal act. Uncoerced apologies and remorse for the offending behavior and the victim are important features of restorative justice. However, the criminal justice system and the public eschew principal features of restorative justice. For example, the law coerces apology and remorse. Moreover, the courtroom has become, for the most part, a place for victims, and sometimes judges to attack, demean, ridicule, and disparage defendantsall antithetical to restorative justice. The omnipresent expectation for an offender to unilaterally accept total responsibility for the crime, apologize to the victim, and express remorse for the crime undermines the core objectives of restorative justice and obscures significant social and legal problems.     

The Practice and Efficacy of Restorative Justice

SUMMARY

Beginning with an exploration of the importance of understanding the power of questions, this paper examines the question, “Does it work?” regarding restorative justice as a philosophy and a set of practices based on that philosophy. The paper identifies problems in the dominant retributive philosophical paradigm for responding to crime that the philosophy of restorative justice resolves. The author describes the practices of restorative justice in criminal justice as well as other contexts and presents evidence of effectiveness in achieving restorative outcomes. The paper discusses challenges and limitations in restorative practices.     

Perceptions of Adult Protective Services Workers of the Support Provided by Criminal Justice Professionals in a Case of Elder Abuse

ABSTRACT

This paper summarizes results of a 1997 survey of adult protective services workers in 43 states. The survey yielded ratings of police and victim assistants in detecting and treating elder abuse and estimates of the likelihood that criminal justice professionals would provide ten forms of assistance in a case of elder abuse. Respondents also reported the most helpful services supplied by criminal justice professionals, the services that were most difficult to obtain, and overall ratings of criminal justice professionals in cases of elder abuse. Findings provide insights about relationships between adult protective services workers and criminal justice professionals.     

Nurturing the Seeds of Restorative Justice

Abstract

Communities are looking for community-building responses to the issue of crime. Traditional social and political discourses have presented only two responses to crime, “get tough” or rehabilitate offenders. An alternative view has begun to emerge in community criminal justice discourse and practice. Restorative justice emphasizes the restoration of relationships and community peace that are damaged by the harm of crime, and the repair of these social injuries. This article presents the findings of a pilot study that was conducted to assess a community's openness to restorative justice principles.     

A qualitative data analysis: family victim advocates in child advocacy centers

ABSTRACT

Family victim advocates in child advocacy centers provide a valuable resource to children and parents involved in child abuse investigations. This work requires that family victim advocates be knowledgeable in such areas as child development, crisis intervention, community resources, family relationships, child welfare and criminal justice systems. Because family victim advocates provide essential services to parents and caregivers, the role requires ongoing training and education to remain current on the ever-changing complexities of working with not only the children and families but also the criminal and child protection systems responsible for investigating these cases. The current study reports the findings from a nationwide survey of family victim advocates employed in child advocacy centers related to their motivation for doing the work as well as their perceptions of their training and potential training needs. A group of doctoral students comprised the research team and worked collaboratively under the supervision of university faculty to conduct the qualitative data analysis. The findings describe the characteristics and motivations of family victim advocates working in child advocacy centers and emphasize the need for more advanced trainings that focus on skill-building and strengths-based practices utilized to support children and parents in child abuse cases.     

The Legal Response to Elder Abuse and Neglect

ABSTRACT

The United States legal system, both civil and criminal, has been underutilised in dealing with elder abuse and neglect. Social service and health practitioners have been unfamiliar with the language and procedures in legal settings. Legal remedies have been obscure or inadequate to address the problems. When elder abuse and neglect were first “discovered” in the late 1970s, efforts focused on safeguarding the victim through civil justice remedies, i.e., guardianships, mandatory reporting laws, adult protective services. The criminal justice system also became involved in order to hold the alleged wrongdoer accountable. Specialised units have developed in police departments and prosecutor offices to deal with the criminal behavior. New laws are providing more flexibility for the legal system, both civil and criminal. A multidisciplinary approach to elder abuse and neglect is needed because abused or neglected elders are frequently involved with many agencies. Attention to the legal aspects of the issue are apparent in the Summit Conference held by the National Center on Elder Abuse in 2001 and the development of the Elder Justice Act which was introduced into the U.S. Senate in 2003.     

Becoming an Ally: Breaking the Cycle of Oppression (2nd edn)

Abstract

In the present context of “get tough on crime” and “back to criminal justice” campaigns that continue to dominate political agendas throughout Australia, critics point to the inadequacy of “welfarist” or reformist criminological and sociological theories that have informed interventions in the past and reinforce the need for “retributive justice” models of penal policy. The present paper examines historical evidence on the role of the human sciences in juvenile justice administration during the 1940s, a formative time when psychiatric, psychological, and social work expertise came together in the form of the Children's Court Clinic in Victoria. It suggests that contemporary critiques about the failure of the welfare model of juvenile justice inadequately capture the historical functioning of expertise in justice administration and the real extent to which the welfare model as “actual rehabilitative intervention” was ever implemented.     

Restorative Justice

Abstract

Restorative justice is the growing movement that aims to change the direction of criminal law by focusing it on the needs of victims and repairing communities. The focus of this article is on three restorative initiatives-family group conferencing, victim-offender mediation, and reparations. The link between social work and restorative justice is explored in each of these areas.     

From Fury to Forgiveness

SUMMARY

This autobiographical piece chronicles the kidnap and subsequent murder of the author's youngest daughter during a camping vacation in Montana and the author's spiritual journey from hate to healing. Once the case was resolved, Jaeger Lane relates the impact of this event as a speaking/writing ministry evolved around the issues of forgiveness, reconciliation and advocating for the abolition of the death penalty as a person of faith and as the mother of a murder victim. She ends with her experience of seeing first-hand the success of utilizing restorative justice principles in the rehabilitation of errants and addicts.     

Precinct Domestic Violence Teams: Whose Goals Should Determine Program Activities?

ABSTRACT

This article describes an urban community's attempts to increase domestic violence survivors' participation in the criminal justice system by combining social work advocacy, specialized police officers, and prosecutors into precinct domestic violence teams. An analysis of the outcomes of 1,057 domestic violence reports found that the presence of the teams did not result in increased survivor participation in prosecution. A survey of 265 of the survivors indicated that prosecution was rarely a goal of the survivors, whose participation was needed to meet the goals of the criminal justice system. This study illustrates the importance of learning the views of people that interventions are designed to help.     

Crossover Children: Examining Initial Criminal Justice System Contact Among Child Protection-Involved Youth

ABSTRACT

Child protection-involved youth face increased risk of criminal justice system contact. Such “crossover children” experience earlier police involvement and more serious criminal justice sanctions, yet little is known about their early offending. Using a cross-sectional sample of 300 crossover children before three Victorian Children's Courts in 2016–17, this mixed-methods study examines the nature and context of children's initial police charges. Findings indicate that crossover children are initially charged with disproportionately violent offending, and often incur first police charges around the time of initial care placement. For many, initial criminal justice contact occurred in the context of conflict with caregivers, ongoing maltreatment, and household adversity, or emotional and behavioural regulation challenges. Efforts towards preventing offending for child-protection-involved youth should focus on preventing childhood maltreatment, alongside targeting parent–child relationship challenges, and strengthening community and care system responses that address the impacts of complex trauma, mental health problems, and neurodisability.

IMPLICATIONS

• Compared to all sentenced children, those from statutory child protection backgrounds are charged with more serious offending at their first criminal court adjudication.

• Among “crossover children”, earlier police charges were seen for Indigenous children, those experiencing greater cumulative maltreatment, and children with emotional or behavioural challenges related to trauma, mental health, and neurodisability.

• Crossover children are most often first charged by police in the year before, and after, their first out-of-home care placement.

     

Review of research on victims' experiences in restorative justice: Implications for youth justice

Despite claims that restorative justice is “victim centered,” and deliberately focused on healing harms to victims, some studies report that particular applications of restorative justice may not be fully consistent with its fundamental principles and values. Under such circumstances these programs may focus on outcomes (e.g., rehabilitation of youthful offenders) rather than process, and in doing so, may fail to identify and respond effectively to victims' needs. To take a closer look at this phenomenon, this article examines a sample of published restorative justice studies that highlight ‘negative’ experiences of victims. Given a number of studies that indicate victims typically have satisfying experiences in restorative justice practices such reports of negative experiences and practices should be viewed as ‘outliers.’ However, such outliers may provide substantively meaningful insights that inform best practice standard for restorative justice. Implications are drawn for the use of restorative justice practices for youth justice.     

Women,crimes, and judicial dispositions: A comparative examination of the female offender

Utilizing records from the Seattle Police Department, we explored questions of a new “masculinized” female offender and a “chivalrous” criminal justice system. Crime‐specific arrest statistics provided a means to study both questions. Arrest statistics were recoded three separate ways: according to traditional views of the “masculinity” of an offense; legalistic crime categories; and seriousness ratings. These three categories were compared by sex across a four‐year period. Comparisons of final dispositions provided the basis of a final look at the “chivalry” issue. The findings suggest that females are not making great inroads into either traditionally masculine crimes or crime in general, and while there is little in the data to suggest prejudicial treatment based on sex, chivalry is supported by certain arrest and disposition rates.     

Mental Health and Criminal Justice Issues Among Perpetrators of Elder Abuse

ABSTRACT

Recent studies on elder abuse suggest that the pathology or impairment of the abuser may be a stronger predictor of elder abuse than characteristics of the victim. To examine the relationship between elder abuse, abuser pathology, and the criminal justice system, the New York City Department for the Aging (DFTA) undertook a survey of older victims of reported domestic abuse seeking assistance from the DFTA Elderly Crime Victims Resource Center. Preliminary findings from the survey indicate that impaired abusers were significantly younger than unimpaired abusers and more likely to live with their elderly victims, to be unemployed, and to have a history of involvement with the criminal justice system.     

Sexual Abuse in a Classroom of Ten Male Students: A Group Victimization

The term “professional perpetrator” is used to describe individuals who commit sexual abuse in the capacity of a position of trust such as a teacher, household member, or employer. There is an increasing body of evidence focusing on educator sexual abuse in the school environment. However, data are limited about this topic. The aim of this paper is to present the rare occurrence of the case of a male teacher in Turkey who sexually abused his students in an elementary school. Although it is unknown which populations are most vulnerable to sexual abuse, in Turkey we think that the indigenous population is at risk. Abuse cases are not logged into the criminal justice system because the majority of abuse allegations are ignored or disbelieved by families.     

In pursuit of a living wage: The ethical and economic thought of father John A. Ryan from the late 1890s until the new deal

Abstract

Father Ryan frequently cited Pope Leo XIII's major encyclical, Rerum novarum (On the Condition of Labor) to lend the support of traditional Catholic social teaching to social and labor reform. Advocating “sane individualism,” Ryan was the first American to argue convincingly that employers were bound in strict justice to pay employees at least a living wage, and his ethical influence gained wide appeal due to his conservative yet fair‐minded approach to distributive justice. Ryan supported labor unions and economic planning as means to gain fair wages and stock ownership for all workers and emphasized income redistribution to reduce depressionary underconsumption.     

Innocence Lost: Accomplishing Victimization in Intimate Stalking Cases

This article explores identity work and emotion management in felony domestic violence stalking cases, using data collected in a domestic violence unit in a large metropolitan district attorney's office. Victim narratives in crime reports, intensive interviews of stalking victims, and participant observation in a stalking survivors' support group show how women become “victims” in the criminal justice system. Sometimes women's continued interaction with both stalkers and law enforcement actors affects their ability to create and sustain credible victim identities. Almost any action a victim takes or presentation she makes has the potential for inducing negative identity attributions. Thus identity dilemmas seemingly inhere in the stalking situation.     

Wo'Lakol Kiciyapi

ABSTRACT

This pilot study hypothesized that the ancient traditions of help and healing among traditional Lakota people represent an alternative or complementary model for understanding a distinctive approach to American social work theory and practice which includes “shamanic” or spirit healing as a constituent part of the help and healing process. Thirty-two individuals, Including traditional Lakota elders, educators, leaders, and mental health providers, were interviewed about their views on traditional ideas of help and healing and about social work and social service practices. The findings show that there were distinctive approaches to ensure social health and well-being among pre-reservation Lakota peoples, and that the traditions of help and healing are intimately linked to the “natural law” and to the ceremonial life of the tribe. The findings show a resurgence of traditional healing practices among the Lakota with important implications for Social Work theory and practice.