The Potential of Restorative Justice

What kind of role might restorative justice play in the future?

From international to the interpersonal: A restorative look at Human Rights conflict

From the paper by Josh Davidson and Janelle Gilbert from IIRP's 13th World Conference: As restorative practices have proven effective in many fields, including education, criminal justice, interpersonal psychology, and social work, there is reason to believe that such methods would be of value on a more international level, particularly with regard to human rights. All across the globe one can witness the tension that exists between promoting greater, more universal human rights and securing the traditions and values of given cultures. Both are worthy objectives, and it is wrong to think that universal human rights and cultural identity cannot coexist. Restorative practices, and especially the questioning that is such an integral part of the process, can serve as practical tools in creating a better understanding of the relationship between human rights and cultural appreciation, and in creating a greater transnational dialogue on how to cope with such important issues.

Hagemann, Otmar. Restorative justice in prison?

According to Ottmar Hagemann, programs that could be classified as forms of restorative justice are currently being implemented in prisons in various countries. In this vein, Belgium has recently introduced what are called restorative justice consultants. One works in every prison in Belgium. Yet, inquires Hagemann, is the concept of restorative justice compatible with imprisonment? Hagemann explores the question by discussing abolitionism (advocacy for the elimination of prisons in favor of alternative forms of conflict resolution), restorative justice and abolitionism, the scope of restorative justice in terms of what crimes are and can be addressed, empirical evidence with respect to an in-prison program focusing on offender empathy for victims, and links between restorative justice theory and actual practice in prison settings.

Jenkins, Morris. How Do Culture, Class and Gender Affect the Practice of Restorative Justice? (Part 1)

According to Morris Jenkins, issues of racism, classism, and sexism have long plagued the criminal justice system’s response to criminality in the United States. Restorative justice is a proposed response to criminality that may overcome these issues, he claims. To explore the problems and the potential of restorative justice with respect to the issues, Jenkins focuses in this chapter on the cultural sub-components of race and racism as they affect African Americans – this because African Americans and their communities are over-represented as offenders and victims of crime in urban settings in the United States. He discusses how restorative justice has attempted to deal with these issues of race and racism within the movement. Specifically, Jenkins considers alternative explanations for African-American crime and examines responses to crime within the African-American community that can enhance the restorative justice approach.

Thomas, Jim and Moran, Scott and Maier, Chris and Lewin-Gladney, Wendy and Evans, Tammie and Carr, James and Capps, Julie and Moran, Scott and Maier, Chris and Jacobson, Deborah and Evans, Tammie and Carr, James and Capps, Julie and Thompson, Sean and Moran, Scott and Maier, Chris and Jacobson, Deborah and Lewin-Gladney, Wendy and Evans, Tammie and Carr, James and Capps, Julie. Critiquing the Critics of Peacemaking Criminology: Some Rather Ambivalent Reflections on the Theory of 'Being Nice'

The authors of this chapter remark that a growing number of scholars have attempted to integrate “being niceâ€? with theoretical precepts. Peacemaking criminology is an example. It blends scholarship and praxis with an ideology of social harmony and unity. Thus it risks being seen as something less than a rigorous intellectual position and more as a philosophical belief system. Hence, while interest in peacemaking criminology has increased in recent years, there has also been a corresponding increase in questions about its practical utility and intellectual consistency. Is peacemaking criminology useful as a means to reduce crime, or is it simply a catchall phrase with little substantive value beyond mobilizing some people around an emotional idealism? Unequivocally sympathizing with peacemaking criminology, yet wary of mere idealism with little substance or substantiation, the authors of this chapter explore these questions by summarizing peacemaking criminology, examining criticisms of this perspective, and identifying its potential.

Wachtel, Ted and McCold, Paul. From Restorative Justice to Restorative Practices: Expanding the Paradigm

Ted Wachtel is president of the International Institute for Restorative Practices (IIRP), headquartered in Bethlehem, Pennsylvania, in the United States. As he comments at the beginning of this paper, for the last decade IIRP has been developing a comprehensive framework for theory and practice. This framework expands the restorative paradigm beyond criminal justice. The emerging field of “restorative practicesâ€? ties together theory and research in seemingly distinct fields of study and practice. To build a case for expanding the restorative paradigm, Wachtel discusses the fundamental hypothesis of the restorative practices approach, different approaches to social control, a continuum from that which is not restorative to that which is restorative, the expression of emotions in relationships, and shame and behaviors associated with it.

de León-Hartshorn, Iris and Amstutz, Lorraine Stutzman. Imagining Possibilities - Restorative Justice and Social Change

Can Restorative Justice move beyond the criminal justice context and be applied as a way of living together in our work, communities and globally? We will explore the possibilities of implementing principles and values of restorative justice for social change within organizational structures. Together we will image possibilities of the global family living in restorative communities. Abstract courtesy of the Centre for Justice and Peace Development, Massey University, http://justpeace.massey.ac.nz.

Hough, Katherine. May I have this Dance: Explorations of Restorative Justice and Reconciliation in Law and Theology

This paper is an interdisciplinary work which will explore the movement from conflict to restoration in both the Canadian Criminal Justice system and in Christian theological ethics. Reconciliation and restorative justice are not the same yet the expected outcomes are similar. The two processes appear to be parts of separate streams but I will show how the two can be valuable dialogical partners each improving its own processes by incorporating facets from the other into its own field. I outline how the criminal justice system could improve its track record of achieving true restoration by incorporating the heart language of lament, judgement, embrace, forgiveness and wholeness found in the works of such notable theologians as Walter Brueggemann, Gregory Jones and Miroslav Volf. This paper is part of a much larger work which also explores how the theological understanding of reconciliation is inadequate and proposes a further step which would move participants from reconciliation to restoration. If time permits, this process will be outlined so that session attendees can discuss it. Abstract courtesy of the Centre for Justice and Peace Development, Massey University, http://justpeace.massey.ac.nz.

Van Ness, Daniel W. Restorative Justice in Prisons.

Increasingly, Corrections departments throughout the world are implementing restorative programmes in the prison context. This work raises several issues related to the appropriateness of restorative justice in prison and objectives to be met by such programmes. Daniel W. Van Ness, executive director of the Centre for Justice and Reconciliation at Prison Fellowship International presents this overview of the use of restorative justice in prison. This paper was originally presented at Symposium on Restorative Justice and Peace in Colombia, Cali,Colombia, 9-12 February 2005.

McElrea, F W M. Restorative Corrections?

I wish to start this session on restorative justice by suggesting that restorative justice is part of four wider transitions that are underway at present, both within and outside the world of corrections. First, there is a world-wide movement towards the recognition of victims rights, and – associated with that- the need to see criminal justice as something more than a two-party process of State versus Defendant. Victims, so long excluded from the western model of justice, lie at the very heart of restorative justice. Secondly, there is an international trend towards the democratisation of process and the empowerment of the community. This is part of the tendency to reduce the size and function of State institutions, and to ensure that in our emphasis on professionalism, professionals do not end up owning the processes they are employed to serve. Restorative conferencing insists that solutions cannot be imposed “from above” - that we must listen to the voices of those most closely affected by conflict and enable them to influence outcomes. Thirdly, there is a recent and noticeable tendency towards holistic approaches to problems, allowing spiritual and emotional values to be expressed, especially (but not only) where indigenous peoples are involved. Restorative justice allows a wide range of values and needs to be expressed, and culturally appropriate procedures to be followed. Finally, we are I believe seeing a move from procedural justice towards substantive justice. That is, we are increasingly recognising that justice is not just about following fair procedures (eg due process, or the rules of natural justice). Rather, it requires us to produce outcomes that are fair and meet the needs of society.(excerpt)

Restorative justice, policing and the Big Society

from the speech by The Rt Hon Nick Herbert, Minister for Policing and Criminal Justice in England: There has been much talk about restorative justice. We’ve seen encouraging pilots and there’s talk about it not only in this country, but around the world. So why is it that something that offers such encouraging results should not have taken a greater hold in our system? Well, I think it is because we’ve seen evolving over the last few years a criminal justice system that has been very much directed from the centre. We’ve been through the recent era of targets and what has eloquently been described as ‘deliverology’. The idea of managing from the centre, of close direction in order to try and drive up the performance of public services. This was done for benign reasons, but we all know what the consequences were.

More equal societies do better at almost everything

from Ben Duncan's entry on Ben's Bookshop: The Spirit Level by Kate Pickett and Richard Wilkinson is a statistical romp through the data on a range of social ills: mental ill-health, teenage pregnancy levels, poor life expectancy, levels of crime and violence in society, and so on, and it finds something that is either remarkable, or stands to reason, depending on your perspective. In short, Picket and Wilkinson conclude, the more equal a society is - the smaller the gap between the richest and poorest, in other words - the better that society performs, at pretty much everything, for pretty much everyone.

A challenge

from the entry on Restore: I’m listening this morning to the slew of financial statistics–housing starts, unemployment rate, bank closings, those without health care, bankruptcies, houses in foreclosure…. It seems to me that restorative justice needs to come up with an index of its own: one that marks the measure of social justice. Are we moving closer or further away from our goal of less reliance on prisons, improving social relationships in our communities, looking at how well or how poorly alternatives to incarceration are funded? What is the ratio between expenditures on prisons vs. what we spend on schools? What is the ratio of crime to poverty? Number of dispute resolution programs to police officers?

The danger of compromise

from the article by Elaine Shpungin on OpEd News.com: Picture a stand-off between multiple parties. Perhaps it is between representatives of two nations sitting across a long polished table as they butt heads over a piece of land, or perhaps it is between red-faced members of an organization fighting over a budget item, voices raised, or maybe its kids on a grassy field arguing about which game to play. In our case, this morning, it was between our 9 yr old son (on sofa, arms crossed, body tight, face scowling) and his dad (on living room rug, visibly slowing down his breathing to be "patient," feet planted firmly).

. Restorative justice in prisons

Restorative Justice (RJ) has found significant utility outside the prison setting. For many reasons, it has not received the same level of consideration inside the institution...Although RJ has the potential to have a positive impact on the work of prisons and the experience of imprisonment, it has not found wide acceptance and is currently limited to a relatively small number of prisons and then often only delivered in partial platforms. We believe that RJ has a realistic future in prison settings and that the contradictions that may be identified are not debilitating. (Excerpt)

John Braithwaite video introduction to restorative justice

John Braithwaite is a leader in restorative justice (and in many other fields). He teaches at Australian National University which has now posted an 18 minute video in which he explains the basic theories and applications of restorative justice. It is well done, and is presented in segments, which means it can be used in whole or in part.

County team begins to tackle racial disparities in criminal justice

from Steven Elbow's article in the CapTimes: We've heard a lot of talk about the staggering racial disparities in the state's criminal justice system in recent years. Wisconsin has routinely ranked at or near the top of states for the rate at which it locks up blacks compared with whites. And Dane County's progressive reputation has been tarnished by the rate at which it sends black offenders to prison - nearly half of black men between the ages of 25 and 29 residing in the county are either incarcerated or under court-ordered supervision. According to a study by Pam Oliver, a UW sociology professor, black men in Dane County are 21 times more likely to be incarcerated than white men. And according to a Justice Policy Institute report in 2007, black men in Dane County were 97 times more likely to be incarcerated for drug crimes, the second-highest rate in the nation. A team from Dane County will take on the daunting task of tackling that problem, meeting for the first time on Monday. It will be their job to take recommendations released last fall by the Dane County Task Force on Racial Disparities in the Criminal Justice System and make them work.

Scuro Neto, Pedro. The Restorative Paradigm: Just Middle-Range Justice

Restorative justice is a middle-range paradigm, a promise of future systemic change, implemented on a lower level of abstraction with operational notions defined for restricted orders of conflict, in specific, localized conditions.

Van Ness, Daniel. Creating Restorative Systems

In order to increase the influence of the restorative justice movement for the future, Van Ness proposes models for measurement and conceptual understanding.

Van Ness, Daniel. The Shape of Things to Come: A Framework for Thinking about A Restorative Justice System

Daniel Van Ness begins this paper with a sketch of recent initiatives that signal a worldwide interest in restorative justice among national governments and the United Nations.

Justice as restoration of trust

from Howard Zehr's blog entry: ....What restorative justice offers, he says, is not so much new justice practices but a different view of crime and a new goal for justice: crime is seen as a source of harm that must be repaired. Moreover, the essential harm of crime is the loss of trust, on both interpersonal and social levels. What victims and communities need is to have their trust restored. The essential obligation of offenders is to show that they are trustworthy. The purpose of justice should be to encourage this process. The overriding goal of justice, then, ought to be the restoration of trust. The attempt to achieve this on both personal and social levels, he argues, can provide a unifying umbrella for our response to crime. Rather than replacing other, more traditional goals, it would become the overriding consideration in sentencing, providing rationales for and limits to the application of goals such as incapacitation and punishment.