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.     

Social Work and Criminal Justice

SUMMARY

We shall begin with the principal, and complicated, conclusion: Regrettably, the social work profession has largely abandoned the criminal justice field. That is not to say that social workers are not employed in criminal justice settings. Certainly they are. Significant numbers of social workers earn their living as probation and parole officers, caseworkers in public defender offices, counselors in correctional institutions and halfway houses, and so on. As a profession, however, social work no longer has a major presence in the criminal justice field (Gibelman and Schervish, 1993). Relatively few social workers embark on their professional education with the aim of employment in the criminal justice field. Virtually no courses in social work education programs focus explicitly or comprehensively on criminal justice (Knox and Roberts, 2002; McNeece and Roberts, 1997). Workshops offered at professional conferences or continuing education seminars rarely focus on criminal justice issues per se. And, relatively little serious scholarship on criminal justice issues is authored by social workers.

Interestingly, this has not always been the state of affairs. Earlier in the profession's history, social workers were much more visible and vocal participants in dialogue, debate, research, and practice related to criminal justice. Ideally-in light of social work's unique perspectives on practice and social problems, and the profession's noble value base-the profession will reclaim its preoccupation with criminal justice. As Sarri (2001) concludes with respect to social workers' involvement in the juvenile justice system in particular:

Thirty years ago, social workers were in leadership positions in juvenile justice in the majority of states. In the 1980s, a gradual decline began in agencies and in social work education for practice in juvenile justice. Some have suggested that the decline was at least partially due to professional resistance to working in coercive settings with involuntary clients. However, given the millions of people now caught up in the criminal justice system who are not receiving the social services they desperately need, it is a priority that social work return to a more central role in criminal justice. (p. 453)     

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.     

A new coat of paint: The bluewashing of justice reinvestment and realignment to community reinvestment

Justice reinvestment has been hailed as a solution to mass incarceration across the United States for nearly 20 years. It suggests that inefficiencies in the criminal justice system can be eliminated to reinvest money in high-incarceration communities to reduce the correlates of crime. However, the implementations have focused on reinvesting criminal justice funds back into public safety, which has led to the “bluewashing” of justice reinvestment. Introduced here, bluewashing occurs when a justice agency that has historically poor social justice performance communicates positive justice performance after implementing a theoretically supported reform in name only. In actuality, the reform has been modified to suit their own continuance. A realignment of the logic and theoretical support of justice reinvestment is critical to produce reforms that can provide relief for states, agencies, and citizens that are promised by justice reinvestment. This work directly connects the justice reinvestment thesis with the spatial interconnectedness of poverty, education, employment, and housing with crime and recidivism. It argues that justice reinvestment is a crime prevention policy that can simultaneously reduce mass incarceration and empower millions of American citizens living in the United States' most brutal conditions.     

Piloting different approaches to personalised offender management in the English criminal justice system

Various approaches to personalisation are well-established in the UK social care sector and are now starting to ‘travel’ to other sectors. In this paper we report findings from an evaluation of a pilot to test elements of personalisation in the management of offenders in probation services within the English criminal justice system. Following a review of evidence from social care, three different approaches to personalised-practice were developed and tested on a small-scale in three separate sites. The evaluation finds that all three approaches were implemented reasonably successfully, but challenges were identified including that personalised approaches are more time-consuming, that staff need support to exercise professional discretion and that balancing greater choice with managing criminogenic risk requires new ways of conceptualising the relationship between case manager and service user. Overall, ‘deeper’ approaches to personalisation, such as co-production, will take time to emerge. This paper makes two important contributions to the debate on personalisation in public services. First, it addresses the question of how transferable the concept of personalisation is from the social care sector to other sectors in the UK, in this case the criminal justice system. Secondly, it outlines a methodology for developing and evaluating personalisation pilots, prior to a wider roll-out.     

The U.S. Criminal Justice System: A Role for Radical Social Work

ABSTRACT

Characteristics of the current United States criminal justice system include mass incarceration at a rate higher than that of any other Western country, extraordinarily long sentences, rampant racial discrimination, and discrimination against all low-income persons. The impact of this system goes beyond devastation of those subject to supervision of the system to their families, communities, and society at large. This article analyzes the current criminal justice system relative to neoliberalism and ongoing reform efforts. The possible roles of radical social work in facilitating reforms and connecting criminal justice advocacy and issues to larger structural issues as well as direct practice strategies are explored.     

Mental Illness and Criminal Behavior

The tragic events in Aurora, CO and Newtown, CT have renewed public perception of mentally persons as ‘dangerous’ and ‘criminal.’ Unfortunately, this perception is based more on conjecture and fear than research. The following essay takes stock of the empirical research on mental illness and criminal behavior. Three noteworthy trends emerge from this literature. First, the prevalence of mental illness is substantially higher among individuals who have come in contact with the criminal justice system relative to the general population. Second, individuals with psychotic and externalizing behavioral disorders, particularly those who also abuse drugs and alcohol, tend to engage in higher levels of violence than individuals with other forms of mental illness. Third, mental illness does not determine whether someone will break the law; rather, it is but one of many criminogenic risk factors that interact in complex ways to influence individual behavior.     

From Vagrancy Heterotopias to the Proximity of Homelessness. A Historical Ethnography of the State's Moral Dilemmas in the Management of Unease

This paper discusses the tension between the criminal justice system and the welfare state as expressed through practices focused on populations who are perceived as being ‘at risk’ and constituting ‘a danger’ to society, therefore challenging the national governance of social precariousness and public (in)security. The analysis of a paradigmatic institution of Portuguese Fascism has brought to light how the contradictions between the long‐term subjectivation of vagrancy processes and the uses of anti‐vagrancy policies promoted by the dictatorial state to arrest and punish a significant part of his citizens may justify the moral dilemmas underlying the current Portuguese State's response to homelessness and urban marginality.     

Beyond Public Opinion Polls: Punitive Public Sentiment & Criminal Justice Policy

The punitive turn in criminal justice policy, epitomized by policies like three-strikes, truth in sentencing, and mandatory minimums, is often attributed in part to demand for harsher criminal justice responses from an increasingly punitive public. It has been argued that public opinion, known to be both largely uninformed and often misunderstood, might both indirectly and directly affect policy. This survey article on punitiveness in public opinion opens with a discussion of competing depictions of the nature of the relationship between a punitive public and increasingly punitive criminal justice policies. The article then focuses on some of the most influential explanations for variations in punitiveness within individuals and across groups. A review of what we know about public attitudes toward punishment and a brief explanation of how we know what we know (e.g. the methodologies by which we gauge public opinion) follow. The article concludes with the observation that as methodologies continue to improve and the literature in this area continues to grow, so too does our understanding of punitive public opinion in all of its complexity.     

Watching the detectives: crime programming, fear of crime, and attitudes about the criminal justice system

Research demonstrates a complex relationship between television viewing and fear of crime. Social critics assert that media depictions perpetuate the dominant cultural ideology about crime and criminal justice. This article examines whether program type differentially affects fear of crime and perceptions of the crime rate. Next, it tests whether such programming differentially affects viewers' attitudes about the criminal justice system, and if these relationships are mediated by fear. Results indicated that fear mediated the relationship between viewing nonfictional shows and lack of support for the justice system. Viewing crime dramas predicted support for the death penalty, but this relationship was not mediated by fear. News viewership was unrelated to either fear or attitudes. The results support the idea that program type matters when it comes to understanding people's fear of crime and their attitudes about criminal justice.     

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 Localized Uses of Federal Sentencing Guidelines in Four U.S. District Courts: Evidence of Processual Order

The federal criminal justice system applies a single set of federal statutes and identical rules of procedure in a variety of local district jurisdictions. It is an underexplored research setting rich with potential to advance our theoretical understanding of how important sociological and political processes work. In particular, the sentencing and case processing practices of federal district courts are governed by the U.S. Sentencing Guidelines, which are in part supposed to impose uniformity and predictability in federal criminal sentencing. Guided by a processual order perspective that views courts as communities with their own distinct organizational culture, practices, and relationships, I explore the localized meaning and uses of key provisions of the sentencing guidelines, such as guideline departures for “substantial assistance” to law enforcement, sentence reductions for “acceptance of responsibility,” and the role of federal probation presentence reports. Data for this study come from field interviews with federal prosecutors, judges, public and private defense attorneys, and probation officers in four U.S. District Courts. I supplement these interview data with quantitative sentencing data that show substantial variation in criminal punishment between these four courts. I argue that federal criminal courts, like state courts, are best conceptualized as communities with distinctive processual orders.     

Crime, policing and social order: on the expressive nature of public confidence in policing

Public confidence in policing is receiving increasing attention from UK social scientists and policy-makers. The criminal justice system relies on legitimacy and consent to an extent unlike other public services: public support is vital if the police and other criminal justice agencies are to function both effectively and in accordance with democratic norms. Yet we know little about the forms of social perception that stand prior to public confidence and police legitimacy. Drawing on data from the 2003/2004 British Crime Survey and the 2006/2007 London Metropolitan Police Safer Neighbourhoods Survey, this paper suggests that people think about their local police in ways less to do with the risk of victimization (instrumental concerns about personal safety) and more to do with judgments of social cohesion and moral consensus (expressive concerns about neighbourhood stability, cohesion and loss of collective authority). Across England and Wales the police may not primarily be seen as providers of a narrow sense of personal security, held responsible for crime and safety. Instead the police may stand as symbolic 'moral guardians' of social stability and order, held responsible for community values and informal social controls. We also present evidence that public confidence in the London Metropolitan Police Service expresses broader social anxieties about long-term social change. We finish our paper with some thoughts on a sociological analysis of the cultural place of policing: confidence (and perhaps ultimately the legitimacy of the police) might just be wrapped up in broader public concerns about social order and moral consensus.     

Gendered Movement: Negotiating Youth,Sex and Harm in the US Carceral State

Exempt from the current bipartisan reassessment of the US carceral state are people with convictions for sex offenses. While movements against public registries for sex offenders are scant, a grassroots movement is underway. This article offers a preliminary analysis of the complex consequence of women's political work to extract their sons from the US carceral state. This gendered advocacy is mapped against shifts in the racialised US criminal justice system, where the fluid category of child/juvenile is often unavailable to youth of colour and/or queer youth, and criminalisation is offered to regulate sexuality, consent, age and potential harm.     

Combating elder and dependent adult mistreatment: the role of the clinical psychologist

Among the many different professionals who work to address elder and dependent adult mistreatment, the clinical psychologist performs a function that is not well documented. The experiences of a clinical psychologist attached to a medical response team and an elder abuse forensic center provide insight into this complex and multifaceted role. Case examples from an elder abuse forensic center illustrate the breadth of referral questions that a clinical psychologist addresses. This information may be of use to those who would argue that these services be made widely available to elder abuse professionals such as social workers, public guardians, and those in the criminal justice system. The case studies also may be useful for training purposes.     

Women in corrections: A call to social work

As governments continue to spend more money on law enforcement and prison construction, social workers will be increasingly faced with clients who have connections with the criminal justice and correctional systems. Despite the increasing numbers of women entering the criminal justice system, they continue to be one of the most marginalised groups in Australian society. This article reviews the social work literature concerning this population and proceeds to argue that social work has a significant role to play with women in corrections. Using a conceptual model based on an ecological systems framework, the author examines the mutuality of various social work practice principles at different levels of intervention and the roles that social workers may engage in to enhance the lives of women in corrections.     

Combating Elder and Dependent Adult Mistreatment: The Role of the Clinical Psychologist

ABSTRACT

Among the many different professionals who work to address elder and dependent adult mistreatment, the clinical psychologist performs a function that is not well documented. The experiences of a clinical psychologist attached to a medical response team and an elder abuse forensic center provide insight into this complex and multifaceted role. Case examples from an elder abuse forensic center illustrate the breadth of referral questions that a clinical psychologist addresses. This information may be of use to those who would argue that these services be made widely available to elder abuse professionals such as social workers, public guardians, and those in the criminal justice system. The case studies also may be useful for training purposes.     

Mental Illness and the Criminal Justice System

This is the second essay in a two‐part series exploring the relationships between mental illness, criminal behavior, and the criminal justice system. The number of mentally ill persons in prisons and jails has increased substantially over the last several decades, and there are currently more people with mental illness behind bars than there are in mental hospitals. In this essay, we place these trends within a broader historical context of the social control of mental illness in the United States. We identify how and why mentally ill persons have come to be overrepresented in the criminal justice system and highlight the unique challenges this population poses for police, courts, and correctional facilities. Finally, we review several recent innovations in policy and practice that may help alleviate that burden of criminal justice involvement on mentally ill offenders, as well as the burden of mentally ill offenders on the criminal justice system.     

Sexual place,spatial change,and the social reorganization of sexual culture

This paper describes how the landscape of a public place in a New York City park embodies larger external structures within which sexual subjects actively organize local sexual culture. Controlling the configuration and utilization of such space is a technique of power used by the state apparatus. Based upon ethnographic fieldwork, we describe how the sexual culture situated within this public space is produced and reproduced in the micro‐social practices of sexual subjects in the face of structural constraints. The social reorganization of sexuality occurs when subjects creatively refashion their local sexual culture through subtle alterations in the way they practice it. Such practical alterations occur in dialogue with larger structures. Ultimately, this analysis of sexual space in San Jose Park provides for an examination of the deployment of power and local sexual culture as the nexus of structure and agency.