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.     

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.     

Enhancing the Career Development of Individuals Who Have Criminal Records

Large numbers of individuals are involved in the criminal justice system. Upon release, most have difficulty finding employment and stabilizing economic resources, which contribute to recidivism. To date, the role of work in the lives of ex‐offenders has virtually been ignored in the vocational literature. The purpose of this article is to increase awareness of this group by highlighting vocational implications of having a criminal record; reviewing existing interventions demonstrated to be beneficial (e.g., teaching skills prior to release, restorative justice interventions); and providing suggestions to more readily include this group in future practice, research, and policy.     

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.     

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.     

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.     

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.     

Childhood,Agency and Youth Justice

This article seeks to reframe debates in the sphere of youth justice in order to move away from narrow and one‐sided conceptualisations of young people who offend and appropriate forms of intervention with them. Whilst different positions have been adopted within the field of youth justice, largely around ‘justice’ or ‘welfare’ models of practice, the apparent polarisation of this conflict has obscured an underlying consensus, namely that the ‘problem’ is the child or young offender, and he/she needs either to be helped or coerced into becoming a conforming adult citizen. Largely absent from the field of youth justice have been other theoretical influences such as consideration of the nature of ‘agency’ and the construction of childhood. These alternative perspectives could offer us some insight into the limitations of historical debates in youth justice policy and practice, as will as pointing the way towards innovative and progressive alternative forms of practice. The strengths and shortcomings of contemporary developments, such as restorative interventions, will be discussed in this context, and the article will conclude that there is scope for developing positive, young person‐centred models of youth justice practice if we base these on a proper understanding of childhood and children’s agency.     

Applied Restorative Justice as a Complement to Systemic Family Therapy: Theory and Practice Implications for Families Experiencing Intra‐Familial Adolescent Sibling Incest

This article considers the impact on and therapeutic responses to families where there has been intra‐familial sexual assault (IFSA) by an adolescent member of the family against another younger member of the family. In doing so, the article will specifically highlight the nexus between systemic family therapy ideas and an applied restorative justice response in the form of Youth Justice Conferencing (YJC), as experienced through working as a family therapist in the area of adolescent sexual offending.     

Micro‐Situational Antecedents of Violent Atrocity1

This article presents an analysis of video recordings showing micro‐situational events that preceded the 1995 Srebrenica massacre in which more than 7,000 Bosnian‐Muslim men were killed by troops of the Bosnian Serb Army. The article focuses on the sequential unfolding of micro interactions and emotional dynamics that preceded the atrocity. Micro interactions constitute situational turning points toward, or away from, atrocities. Even if there are preplanned plots or macro‐structural background conditions that lead particular persons to be motivated to commit violence, a micro‐situational, emotional momentum is needed for atrocities to occur. The article brings together the analysis of video material of violent situations with Ekman’s research tools for emotional cues and Collins’s micro‐sociological theory of violence.     

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.     

“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.     

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.     

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.     

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.     

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.     

Bridging Immigration Research and Racial Formation Theory to Examine Contemporary Immigrant Identities

This article explores the potential for linking immigration research with racial formation theory to examine contemporary immigrant identities. The current literature is dominated by three paradigms (ethnicity, nationalism, and transnationalism) and five theoretical perspectives on immigrant identities (plain American, hyphenated American, panethnic American, nationality origin, and transnational). They are all flawed in their reductions of race to the concepts of ethnicity, nationality, and transnationality. Based on my reading of the existing research, I will argue that immigration researchers can benefit from using racial formation theory to explore immigrant identity due to its acknowledgment of the autonomous power of race. However, racial formation theory has been correctly challenged due to its high level of abstraction and lack of micro‐level analyses. Certain transnational migration studies have underscored the necessity to integrate national origin into racial formation theoretical frameworks. According to this transnational perspective, my conclusion is that immigrant families represent a logical starting point for conceptualizing the relationship between immigration and racial formation.     

Justice for whom?: Assessing humanist criminology as a catalyst for change in the criminal justice apparatus

Humanist perspectives on criminology incorporate the role of the state in affecting basic justice processes. Separate scholarly work by Alfred McClung Lee, Richard Quinney, and others set the stage for viable alternatives embodied in peacemaking and restorative justice. Tie-ins between critical humanist criminology critiques, basic sociology views toward society, and current developments in alternative justice models are assessed. An evaluation of how humanist criminology has transformed conceptions of community participation (as stressed in the original humanist sociology perspective) will serve as an integral analysis in assessing the impact of social justice models.     

Resisting and Reinforcing Neoliberalism: Youth Activist Organizations and Youth Participation in the Contemporary Canadian Context

This critical qualitative research focused on a group of youth engaged in social justice and critical education activities in a youth activist organization. This article explains how neoliberalism as governmentality provides insight into the ways in which the interrelated macro, local, and micro contextual layers mediate youth activist organizations and youth participation. Three participation narratives are woven together with two key themes: the ethos of individualism and market-focused discourse. This work aims to provide insight into how youth activist organizations can effectively engage youth in social practices and relationships toward social justice in an increasingly neoliberal era.     

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.