Transforming Communities: Restorative Justice as a Community Building Strategy

Restorative justice is entering the social work literature as a strategy that can transform lives harmed by violence. However, the literature has yet to explore how restorative justice can transform communities. Despite the lack of published information, communities across the globe and the United States are experiencing important benefits from restorative justice-based interventions. This article explores 4 restorative justice strategies that seek to transform communities: restorative boards, community conferencing, community restorative support, and truth and reconciliation commissions. The examination of the strategies includes case studies that are used to support a larger discussion of application, practice, outcomes, evaluation literature, and critiques.     

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.     

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.     

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.     

Understanding shame: Examining how justice and emotions operate in the context of restorative justice

An essential element of the restorative justice process is engagement in emotional healing, which is made possible via the ways in which offenders manage shame. Effective shame management depends in part on the operation of justice principles. While research has examined justice and the importance of emotions in facilitating the restorative justice process, further investigation is necessary to understand how various types of justice affect emotions and facilitate the restoration of offenders. This article provides an overview of major findings regarding the relationship between justice, attributions, and emotions and how these findings relate to restorative justice. Implications for research in restorative justice are also discussed.     

Restorative home environments for family caregivers

Caregiver stress negatively affects caregiver health and the overall quality of in-home caregiving. While environmental interventions such as home modifications help caregivers manage stressful functional aspects, interventions for managing stressful emotional aspects are unexplored. Frequently, caregiving responsibilities restrict caregivers' spatial and temporal range of restorative activities to their familial residential environment. In a first attempt to explore the restorative potential of a house in which caregiving occurs, this paper reports experiential attributes of restorative environments from environmental psychology and healthcare design research. It discusses the relevance of restorative attributes to the socio–physical residential context of caregiving using three caregiver needs: need for a temporary escape, meaningful social support, and a sense of control. This conceptual exploration of the restorative potential of the residential caregiving environment offers a base for investigating targeted architectural and functional interventions that might complement current advances in home modifications and respite services.     

The Micropolitics of Victim–Offender Mediation

Victim–offender mediation is one of the most widely used practices of restorative justice encounter in the United States. We report findings from research on a victim–offender mediation program sponsored by an American juvenile court. Our specific concern is with power relations at the micro level of the mediation session. Restorative justice has been alternately criticized for controlling its participants too much and for controlling them too little. Some critics point to the silencing of participants, especially those of low social status like youth. Others point to the failure of restorative justice participants to effectively challenge attitudes conducive to crime. We consider the extent to which lay participants were silenced and/or challenged during mediation sessions. Our data suggest that power is diffuse in restorative justice encounters with juvenile offenders and that it is creatively deployed to achieve a variety of purposes. Consistent with restorative justice theories, which consider crime causation broadly, attitudes conducive to crime were not systematically addressed. The analysis underscores the complexity of both restorative justice and its evaluation.     

Shame,Realisation and Restitution: The Ethics of Restorative Practice

In this article, I want to highlight the ethics of restorative practice in therapeutic intervention with men who have abused family members. The term restorative action is commonly evoked in the aftermath of abuse, especially in the context of attempts to re‐establish respectful relationships between family members. I will critique popular ideas concerning remorse, forgiveness, pardoning and reconciliation, and pose possibilities for ethical practices of restorative action.     

Healing Victims and Offenders and Reducing Crime: A Critical Assessment of Restorative Justice Practice and Theory

The current article explores the growing restorative justice movement. It examines promising research indicating that face‐to‐face dialogue with crime victims and offenders may work to restore and heal participants, and reduce recidivism. In addition, the article assesses the current state of restorative justice theory, suggesting new avenues for future theory and research. I show how current thinking about restorative justice can benefit from a micro‐sociological reframing, focusing on the production of collective emotion and micro‐dynamics of interaction.     

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

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.     

Putting a Human Face on Crimes: A Qualitative Study on Restorative Justice Processes for Youths

Restorative justice conferences including Victim Offender Mediation (VOM) are rapidly increasing. Due to a lack of participants’ accounts on their experiences, gaining knowledge on how restorative justice works from their perspective is critical, especially to further development of justice policy and practice. In this exploratory qualitative study we interviewed 37 participants in a VOM operating in a mid-sized Midwestern city in the United States. In this article, we examine some youths’ experiences in their VOM to deepen our understanding of how and why restorative discourses work. Findings suggest that meeting their victims through VOM helped the youths realize the extent of the consequences of their actions by being able to personalize their victims and their victimized experiences. In conclusion we highlight the importance of appreciating the unseen effects of the crimes. Lastly, we make some recommendations for practitioners to assist their developing better programs in dealing with youths in restorative justice contexts.     

Conflict Resolution,Restorative Justice Approaches and Bullying in Young People’s Residential Units

Restorative justice has been an increasing feature in the discourses within adult and youth justice criminal justice systems in recent years. This article examines interpersonal conflicts arising from crime, bullying and antisocial behaviour in residential care, and the advantages and disadvantages of utilising such approaches in relation to these forms of conflict, based upon an evaluation of restorative principles and approaches from the perspectives of young people, residential workers and managers. The article sets out how the staff in the units studied modified restorative justice approaches to take into account the specific relationships within group care settings.     

Addressing Elder Abuse: The Waterloo Restorative Justice Approach to Elder Abuse Project

The Community Care Access Centre (CCAC) of Waterloo Region, in partnership with a number of other social service agencies, designed and implemented a restorative justice model applicable to older adults who have been abused by an individual in a position of trust. The project was very successful in building partnerships, as many community agencies came together to deal with the problem of elder abuse. The program also raised the profile of elder abuse in the community. However, despite intensive efforts, referrals to the restorative justice program were quite low. Because of this, the program moved to a new organizational model, the Elder Abuse Response Team (EART), which has retained the guiding philosophy of restorative justice but has broadened the mandate. The team has evolved into a conflict management system that has multiple points of entry for cases and multiple options for dealing with elder abuse. The team has developed a broad range of community partners who can facilitate referrals to the EART and also can help to provide an individualized response to each case. The transition to the EART has been successful, and the number of referrals has increased significantly.     

Addressing elder abuse: the Waterloo restorative justice approach to elder abuse project

The Community Care Access Centre (CCAC) of Waterloo Region, in partnership with a number of other social service agencies, designed and implemented a restorative justice model applicable to older adults who have been abused by an individual in a position of trust. The project was very successful in building partnerships, as many community agencies came together to deal with the problem of elder abuse. The program also raised the profile of elder abuse in the community. However, despite intensive efforts, referrals to the restorative justice program were quite low. Because of this, the program moved to a new organizational model, the Elder Abuse Response Team (EART), which has retained the guiding philosophy of restorative justice but has broadened the mandate. The team has evolved into a conflict management system that has multiple points of entry for cases and multiple options for dealing with elder abuse. The team has developed a broad range of community partners who can facilitate referrals to the EART and also can help to provide an individualized response to each case. The transition to the EART has been successful, and the number of referrals has increased significantly.     

From Destruction to Reconciliation

SUMMARY

Daniel Johnson discusses how the application of “restorative justice” in his own life and in the life of the victim of his criminal offense contributed to his personal regeneration and healing for his victim. Mr. Johnson challenges criminal justice policy-makers to create conditions where “restorative justice” can be employed in the broadest sense in order to do what contemporary, punitive, retributive criminal justice systems are largely incapable of doing, that is, facilitate lasting offender rehabilitation and healing for crime victims and communities, and to offer opportunities for victim-offender reconciliations.     

Effort-Shape Characteristics of Emotion-Related Body Movement

The purpose of this study was to characterize the movement qualities of 5 target emotions during walking. We used an autobiographical memories paradigm for elicitation and observer judgments for emotion recognition. For each of the felt and recognized emotion portrayals, 6 Effort-Shape qualities were judged on a continuum between opposite qualities at the anchor points. Three general categories of movement style emerged, so that anger and joy shared anchor qualities at one end of the continuum, sadness had qualities at the opposite anchor, and content and neutral had qualities between the anchor extremes. The Effort-Shape profiles were unique for each target emotion, however, and mean scores were different between emotions even when emotions shared similar qualities. Emotions were classified using the Effort-Shape scores with accuracies ranging from 74–32 % for sad, anger, content and joy, respectively. For most of the target emotions, decoding accuracy was related to at least 4 Effort-Shape qualities, suggesting that decoding accuracy may be associated with a profile of movement qualities. This study highlights the importance of movement quality in bodily expression of emotion and demonstrates the effectiveness of Effort-Shape analysis in distinguishing among emotion-related movement styles.     

“You don’t have to say straight out …”: Directed Impression Management at Victim–Offender Mediation Pre-meetings

Based on a study of two mediation centers in Sweden, this research shows how mediators encourage victim and offender impression management, regarding looks, attitudes, and speech. It shows how they supervise the emotion work of participants, preparing them for mediation encounters. The author investigates how mediators try to create a “balanced” interaction (e.g., preventing expressed prejudices or irresponsible attitudes between the parties). The mediation meeting is seen as an institutionalized interaction with a particular desired outcome. The suggested impression management can be seen as a corrective strategy, implying social control. This article aims to present new ways to understand the mediation process from a micro-sociological and dramaturgical viewpoint. Even if the encounter between offenders and victims is seen as the essence of restorative justice practices, analyses of the process are rare and needed. This process-based approach offers new insights for research in the fields of social science and restorative justice.     

Microanalysis of 4-Month Infant Vocal Affect Qualities and Maternal Postpartum Depression

This study examined the association of 6-week maternal self-report depressive symptoms measured by the Center for Epidemiological Studies-Depression Scale (CES-D) with 4-month infant vocal affect qualities. This was part a larger study which examined many additional domains of both infant and maternal behavior. Infant vocal affect qualities were examined in 122 4-month old infants during face-to-face play in relation to 6-week maternal depressive symptoms. Mothers were categorized depressed (26.2%) based on a 16+ cutoff on the CES-D. Videotaped interactions were coded on a 1-s time basis for infant vocal affect qualities (high positive, neutral/positive, fuss/whimper, cry, angry protest and silent.) Infants of depressed mothers were more vocally activated in both positive and negative qualities. In addition, infants of depressed mothers were more vocally variable, specifically in and out of fuss/whimper, as well as more likely to change, rather than maintain vocal states.     

On the Qualities of a Teacher and a Student: An Eastern perspective based on Buddhism,Vedanta and Sufism

This essay looks at the requirements and qualities of a student and a teacher as seen from Eastern traditions such as Vedanta, Zen Buddhism and Sufism. The objective is to show or to propose that the same qualities are also needed in our present-day education system, no matter what the subject of study is. Though the emphasis is on these three particular systems, it is understood that one can find the same or similar qualities in other spiritual traditions. At the end of the essay, a heat transfer model is developed whereby the different aspects of an "ideal" teacher, sometimes also referred to as the real teacher, or the true teacher, can be obtained from such a model.