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.     

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.     

When data justice and environmental justice meet: formulating a response to extractive logic through environmental data justice

ABSTRACT

Environmental data justice (EDJ) emerges from conversations between data justice and environmental justice while identifying the limits and tensions of these lenses. Through a reflexive process of querying our entanglement in non-innocent relations, this paper develops and engages EDJ by examining how it informs the work of the Environmental Data & Governance Initiative (EDGI), a distributed, consensus-based organization that formed in response to the 2016 US presidential election. Through grassroots archiving of data sets, monitoring federal environmental and energy agency websites, and writing rapid-response reports about how federal agencies are being undermined, EDGI mobilizes EDJ to challenge the ‘extractive logic’ of current federal environmental policy and data infrastructures. ‘Extractive logic’ disconnects data from provenance, privileges the matrix of domination, and whitewashes data to generate uncertainty. We use the dynamic EDJ framework to reflect on EDGI’s public comment advising against the US Environmental Protection Agency’s proposed rule for Transparent Science. Through EDJ, EDGI aspires to create new environmental data infrastructures and practices that are participatory and embody equitable, transparent data care.     

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.     

Building a youth-led movement to keep young people out of the adult criminal justice system

Through the lens of the Youth Art & Self-empowerment Project (YASP), this article explores the impact that the adult criminal justice system has on young people and how young men and women in Philadelphia are organizing to challenge that system. YASP has developed an innovative model for supporting and training young people in Philadelphia's adult jails and recently released from the adult jails to build a youth-led movement to repeal adult transfer laws in Pennsylvania. Through stories of personal experience and collective struggle, this chapter illustrates the power of young people taking back control of their city, their state, and their own destinies.     

A Qualitative Study of Victim Offender Mediation: Implications for Social Work

Restorative justice has grown extensively in recent years. However, existing research data indicate a lack of information regarding its process. This qualitative study aimed at providing an understanding of the experiences of participants in the delivery process. In addition to observation, 34 face-to-face interviews were conducted with 37 individuals. Analyses yielded important insights into multiple layers of participants' experiences. Though the participants indicated having had positive experiences, some insensitive approaches toward victims were also pointed out. This article discusses the implications in moving toward victim-sensitive restorative justice and for the social work profession.     

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.     

Is program structure related to stigma and community acceptance of justice-involved adolescents?

Objective

The aim of the study is to examine the impact of diversion program characteristics on social stigma of delinquent adolescents in Jordan.

Method

A street survey of adults was conducted in Amman, Jordan. Respondents were randomly assigned to read one of four vignettes involving a delinquent adolescent who participated successfully in one of four types of juvenile justice interventions: detention center placement; diversion with counseling; diversion with counseling plus victim apology and restitution; and diversion with counseling plus family-based apology and restitution. Respondents reported their willingness to accept the adolescent as a member of their child's school, as a friend of their child, as a spouse for their child, and as a future employee. Seventy seven percent of adults approached participated (N = 137).

Results

Respondents reported greater willingness to accept the adolescent when he participated in any of the three diversion programs compared to the detention center condition (β = .80, p < .05). However, there were no differences among the diversion program types (i.e., counseling only, counseling plus individual restorative justice, counseling plus tribal restorative justice) in acceptance levels. Regardless of intervention type, the perception that the adolescent had ‘learned his lesson’ was associated with greater acceptance and with heightened expectations of future success.

Conclusion

Intervention characteristics can influence public stigma in the Middle East. For justice involved youths, interventions that increase perceptions that youth have learned their lesson is a crucial ingredient to stigma reduction efforts. Social work interventions with delinquent adolescents and their families need to incorporate stigma management strategies that convey lesson-learning as a key intervention outcome.     

Articulating selfhood through the therapeutic: Teaching for justice and social transformation in contradictory spaces

In this article, we argue that it is in engaging with the particularly socio-politically loaded topics such as racism, gender-based violence, homophobia, and classism, where we urgently need to find new ways of simultaneously opening up, holding, and containing the visceral responses of students in relation to continuously renegotiating boundaries of the learning environment. Specifically, we contend that under the current conditions of calls for decolonization in South African higher education and elsewhere, the university as a whole (its curriculum, the classroom and its dynamics, teaching methodologies, and its governance structures) needs to be questioned and its pedagogical practices in general need to be reviewed. We take as the point our separate, but related experiences of teaching in the Department of Political Studies at the University of the Witwatersrand. Some of the questions that frame our theoretical and methodological concerns are: How do we actually teach social justice related topics in diverse classrooms; how can we teach within, across, and beyond our own situatedness, especially where privileges and experiences of discrimination intersect and; how does one, ultimately, hold a space where the collective engagement with structural violence in its multiple intersecting expressions and the factual complexity of a dialogical pedagogical practice often lead to both moments of productivity and also repressive chaos? What we struggle with in this article, then, including the incidents foregrounded in it, are the complexities of engaging with social justice within the South African higher education context that is constantly grappling with being both the best and the worst example of political imagination.     

Empowered inclusion: theorizing global justice for children and youth

ABSTRACT

This paper argues that contemporary child and youth experiences of globalization call for retheorizing global justice around a new concept of empowered inclusion. The first part of the paper examines three case studies in globalization – child labour movements, child and youth migration, and young people’s organization around climate change – and shows how, in each case, young people, through their struggles against injustice, are simultaneously disempowered and empowered by their deep global interdependency. The second part proposes new theoretical advances in global justice that better respond to child and youth experiences through a childist concept of the empowered inclusion of both children and other marginalized groups. And the third part advances some preliminary suggestions about how a more child-responsive conception of global power and justice might be operationalized in practice across global policies, institutions, and culture.     

Balancing Justice and Welfare Needs in Family Group Conferences for Children with Harmful Sexual Behavior: The HSB-FGC Framework

In England and Wales, family group conferences (FGCs) are most often found either in the field of youth justice or in the field of child protection, and consequently often have priorities in line with either one of the two systems. On the one hand, FGCs are a restorative justice tool to address offending behavior and hold young perpetrators to account, while giving victims the possibility of contributing to the justice process. On the other hand, FGCs address safeguarding concerns and are used to plan for child safety and protection. In cases where a young person has sexually harmed another young person, that is, has perpetrated harmful sexual behavior (HSB), all young people involved will have both justice and welfare needs. FGCs are emerging as promising mechanisms in such cases, not only because of their ability to deal with both sets of needs for both young people but also because of their potential to address more holistic needs. However, HSB cases are often complex and sensitive, and are not without risk. Drawing on their experiences in research and practice, the authors explore how the holistic needs of both the harmed and harming individual can be balanced within a risk managed HSB-FGC framework.     

Placement type matters: Placement experiences in relation to justice system involvement among child welfare-involved youth and young adults

Out-of-home placement in the child welfare system is related to justice system involvement. Yet, few studies address the similarities and differences of child welfare placement types in relation to justice system involvement within the same sample of youth, which can provide a more nuanced understanding of the relationship between the two. Utilizing a sample of child welfare youth with substantial out-of-home placements (N = 794), we investigate trajectory group experiences on each of three child welfare placement types, and cross-tabulate each with justice system trajectory groups to examine subgroups. The five-group model fits best for foster homes and group homes; four groups for residential facilities. Relationships between justice system groups and placement types were significant. Youth with chronic justice system involvement had more experiences in group homes and residential facilities; youth with less justice system contact tended to have foster home experiences. Implications for policy and practice are presented.     

Against memory-as-remedy to the traumatic aftermaths of Nigeria-Biafra war past: whither justice?

ABSTRACT

This article examines recent scholarship proposing the use of memory practice to remedy the traumatic aftermaths of Nigeria-Biafra War past. The assumption sustained in this scholarship is that through certain cultural memory practices such as truth commissions and commemorative rituals some form of appeasement might be reached regarding the extent of subsistence of that traumatic past. We fault these scholarly claims proposing memory as panacea to mass injustices and tragedies. In addition to the problematic proposals for using memory to remedy past atrocities in Nigeria, we observe that the question of justice is either absent or construed sometimes vaguely as one and the same with memorialisation. Accordingly, this paper further explores the place of justice in (and its implications for) this recent scholarship on Nigeria-Biafra War past. By inserting and centralising questions of justice in the discourse of that war, we seek to rethink the assumptions of memory practice as a remedy to past atrocities in Nigeria. The underlying argument of our discussion is that not only does the emphasis on memory diminish the political nature of the conflict but also that resort to memory indicates a continued reluctance to address the fundamental questions of political in/justice in Nigeria.     

The global three: A Malaysian lens on the challenges and opportunities facing restorative justice planning and implementation

From the rise of restorative justice to evidence-based approaches to reducing recidivism, the intellectual landscape of criminal justice has seen considerable change in recent decades. The result is that an increasing number of countries have tackled the task of shifting preexisting political institutions to confirm with these new understandings. This is, of course, no easy feat. A great number of challenges confront willing policymakers, a reality that often puts philosophy at loggerheads with practicality. Moreover, the political process of change is subject to the influence of cultural and institutional norms. In this paper, we look at one particular case study – that of Malaysia’s juvenile justice system – to understand the challenges faced in changing criminal justice policy. We identify three primary categories of challenges and elucidate their shape and impact through the Malaysian example. We also briefly analyze potential opportunities to mitigate and overcome these challenges. Furthermore, we also conclude with several implications for future research that we deem are important to be taken place. In sum, we argue that criminal justice reform must be undertaken with an eye toward important societal and institutional norms, each requiring thoughtful analysis of complex local cases.     

Enforced reconciliation without justice: The absence of procedural,retributive, and restorative justice in the “Comfort Women” Agreement of 2015

Using a combination of theory and case study analysis, this article aims to show that the “Comfort Women” Agreement, ratified on December 28, 2015 between South Korea and Japan, lacks procedural, retributive, and restorative justice, with subsequent effects on the chances of reconciliation between the two countries and of restoring the honor and dignity of victims. This outcome prompts important questions regarding the role of agency and authority in reconciliation, namely, whether a government has the right to reconcile on behalf of victims, and whether the views of survivors and involvement of the public should be excluded in favor of confidentiality and efficiency. In discussing these matters, this article seeks to provide a solution to the “comfort women” issue, while illuminating its implications for the future relationship between South Korea and Japan.     

Of organic farmers and ‘good farmers’: Changing habitus in rural England

In recent years, numerous studies have identified the importance of cultural constructions of ‘good farming’ to farming practice. In this paper, we develop the 'good farming' construct through an empirical study of organic and conventional farmers, focussing on how change occurs. Drawing on Bourdieu's concepts of cultural capital, habitus and fields, we argue that the dynamics of the ‘rules of the game’ in the agricultural field have simultaneously led to a broadening of the ‘good farming’ ideal, and to a fragmentation, whereby individual farmers prioritise a subset of this broad range. We demonstrate that gradual devaluation of existing ways to achieve cultural capital is essential to the development of new symbolic values. In line with this, we offer a critique of the implied static nature of cultural capital in the studies of farmer responses to agri-environmental schemes. We also point out that the alterations in perception and practices of farmers who converted to organic farming for 'pragmatic' reasons may be greater than sometimes implied.     

“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.     

Extra-activism: counter-mapping and data justice

ABSTRACT

Neither big data, nor data justice are particularly new. Data collection, in the form of land surveys and mapping, was key to successive projects of European imperialist and then capitalist extraction of natural resources. Geo-spatial instruments have been used since the fifteenth century to highlight potential sites of mineral, oil, and gas extraction, and inscribe European economic, cultural and political control across indigenous territories. Although indigenous groups consistently challenged maintained their territorial sovereignty, and resisted corporate and state surveillance practices, they were largely unable to withstand the combined onslaught of surveyors, armed personnel, missionaries and government bureaucrats. This article examines the use of counter-mapping by indigenous nations in Canada, one of the globe’s hubs of extractivism, as part of the exercise of indigenous territorial sovereignty. After a brief review of the colonial period, I then compare the use of counter-mapping during two cycles of indigenous mobilization. During the 1970s, counter-mapping projects were part of a larger repertoire of negotiations with the state over land claims, and served to re-inscribe first nation’s long-standing history of economic, social and cultural relations in their territories, and contribute to new collective imaginaries and identities. In the current cycle of contests over extractivism and indigenous sovereignty, the use, scope and geographic scale of counter-mapping has shifted; maps are used as part of larger trans-media campaigns of Indigenous sovereignty. During both cycles, counter-mapping as data justice required fusion within larger projects of redistributive, transformative and restorative justice.     

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.