Readings

Bazemore, Gordon. “Young People, Trouble, and Crime Restorative Justice as a Normative Theory of Informal Social Control and Social Support.” Youth & Society 33, no. 2 (December 1, 2001): 199–226. doi:10.1177/0044118X01033002004.

This article provides research on restorative justice through community building in diverse contexts. It presents principles for a normative theory of intervention with the core principles: repair, stakeholder involvement, and the transformation of community and government roles in the response to crime. In response to youth crime and troublesome behavior, it considers connections between intervention, informal social control, and social support mechanisms. Juvenile justice models dominate in distinctive policy lenses that place limitations on intervention possibilities. Changing this lens to a holistic, principle-based, problem-solving model provides restorative justice to all types of offenders and victims. This article highlights the important needs for moving forward with broader social theories and policies for applying restorative justice.

 

Bergseth, Kathleen J., and Jeffrey A. Bouffard. “Examining the Effectiveness of a Restorative Justice Program for Various Types of Juvenile Offenders.” International Journal of Offender Therapy and Comparative Criminology 57, no. 9 (September 1, 2013): 1054–75. doi:10.1177/0306624X12453551. http://ijo.sagepub.com.ezproxy.humboldt.edu/content/57/9/1054.full.pdf+html

This article attempts to examine the potential for differential impacts of restorative justice programming on offenders who vary in their risk levels. These risk levels are indicated by demographic and criminal history measures. The sample in this study includes 352 referred youth varying in demographic setting and referral offense. Results showed that Restorative justice administrators have to modify their programs for more serious offenders. It also emphasized the importance of filling in the gaps when it comes to our knowledge of restorative justice application methods. For better specific results, future research on the effectiveness of restorative justice programming should involve examining differential effectiveness of specific types of restorative intervention as well as using larger sample sizes.

Chmelynski, Carol. “Restorative Justice for Discipline with Respect.” Education Digest 71, no. 1 (September 2005): 17–20. http://ezproxy.humboldt.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=18260408&site=ehost-live.

Restorative justice methods are being implemented into school’s discipline practices to avoid resorts such as expulsion. These methods include peer mediation, classroom circles, and family group conferencing. This article refers to the specific pilot-test restorative justice program at PEASE Academy that was initiated by Minnesota Department of Education in 2002. The staff at this academy trained to become “circle keepers” whom facilitates talking circles, which had proved to be very effective, dropping the number of disciplinary interventions. Loss of connectedness and community were found to be the root causes of behavioral changes such as dropout rates, disciplinary problems, violence, and mass murder. Collaborative responses to wrongdoing changed the community’s response to behavioral management and encouraged student’s to give and ask for support for creating a sense of saftey.

Daniels, Griff. “Restorative Justice Changing the Paradigm.” Probation Journal 60, no. 3 (September 1, 2013): 302–15. doi:10.1177/0264550513493370.http://prb.sagepub.com.ezproxy.humboldt.edu/content/60/3/302.full.pdf+html

Probation services have been expanding when it comes to restorative justice. Griff talks about restorative justice as a powerful tool for self-empowerment and a process of neutralization that is successful in creating resolution. Although restorative justice is new, its practice is not. He believes that social peace is dependent upon the nature of social organization and questions if a change in paradigm is needed. The current legal framework is discussed as going through a shift and the development of restorative justice work is becoming more recognized and applied. Community-based restorative justice approach is one that enables many voices and ensures positive probation experiences.

Davidson, Jill. “Restorative Justice.” Education Digest 80, no. 3 (November 2014): 19–23. http://ezproxy.humboldt.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=99173567&site=ehost-live.

In settings where students in middle and high school are struggling to adjust to classroom behaviors, restorative discipline practices are developed to not only better engage students, but also teach them self-correction. Common consequences of punishment criminalize such behavior instead of effectively correcting the issue at hand. Discussed in this article as an “accountable approach”, it is important that student will reflect on and understand their behavior in a way that is both socially restorative and self-restorative. These practices are described in further detail, with origins from the U.S. federal Positive Behavioral Interventions and Supports Initiative (PBIS) and a direct example of constructive restorative models being used at the Bronx Design and Construction Academy (BDCA).

Dhami, Mandeep K., Greg Mantle, and Darrell Fox. “Restorative Justice in Prisons.” Contemporary Justice Review 12, no. 4 (December 2009): 433–48. doi:10.1080/10282580903343027. http://web.b.ebscohost.com/ehost/detail/detail?sid=88f88109-76b4-4e3f-b69e-5a0ec4075d17%40sessionmgr111&crlhashurl=login.aspx%253fdirect%253dtrue%2526scope%253dsite%2526db%253daph%2526AN%253d45367745%2526msid%253d-427784344&hid=101&vid=0&bdata=JnNpdGU9ZWhvc3QtbGl2ZQ%3d%3d#AN=45367745&db=aph

This article discusses how restorative justice has had a positive impact in many prisons, but is not being practiced enough to have large-scale impacts. It compares restorative justice as being directly in conjunction with what we may think of as a “traditional” criminal justice system, if only its practices were given as much development. If restorative justice practices were to expand, prisons would develop links with the outside community and relationships of community involvement would flourish. Concepts such as accountability and shame would change drastically is ties between prison and community strengthened.

Hand, Carol A., Judith Hankes, and Toni House. “Restorative Justice: The Indigenous Justice System.” Contemporary Justice Review 15, no. 4 (December 2012): 449–67. doi:10.1080/10282580.2012.734576.

http://web.a.ebscohost.com.ezproxy.humboldt.edu/ehost/pdfviewer/pdfviewer?sid=162b9cc1-e643-408c-9b0e-1d97365f68c6%40sessionmgr4003&vid=1&hid=4214

In this reading, beliefs about justice are told from a traditional Indigenous perspective of restoration. Resisting colonial practices and worldviews has been a form of resilience and pertinent for the retention of traditional practices. Interdependence and interconnectedness of everything is basic philosophy of many tribes. An indigenous system or restorative justice seeks to re-establish balance and harmony between victim, perpetrator and community. A holistic approach is the basis of understanding when it comes to customs, but has faced continuous clash with western approaches and understandings. Restoring traditional systems is a legacy for many peoples that have faced forced migration and assimilation to western ways.

Huan, Chen. (2015). Restorative Justice: A perspective from Victims. Studies in Sociology of Science. http://www.cscanada.net/index.php/sss/article/view/6834/pdf_122

Continuous development of restorative justice models is stressed in this reading. Healing is emphasized as being a necessary component of loss, compensation, and forgiveness and is critically needed in our current system of crime and punishment. The future development of restorative justice has the potential to revolutionize the judicial system but in small steps. Such autonomous negotiations between victims and offenders need both initiative and intervention from the state. This reading discusses that restorative justice structure and state rulings need to adapt further to develop a model for future practices.

Jonathan Doak, and David O ’Mahony. “Transitional Justice and Restorative Justice.” International Criminal Law Review 12, no. 3 (July 2012): 305–12. doi:10.1163/157181212X650010. http://web.a.ebscohost.com.ezproxy.humboldt.edu/ehost/pdfviewer/pdfviewer?sid=e474fe5c-a504-468c-a34a-76c6c7621093%40sessionmgr4004&vid=1&hid=4214

Restorative justice and transitional justice are both concepts that both have grown in theoretical and practical terms. This reading discusses these models as being social mechanisms for reconciliation of the criminal justice system. The fundamentals of both restorative justice and transitional justice are to be redefined in modern terms and to be regarded as transitional, as social ethics change throughout time.

Latha, S., and R. Thilagaraj. “Restorative Justice in India.” Asian Journal of Criminology 8, no. 4 (May 7, 2013): 309–19. doi:10.1007/s11417-013-9164-4. http://link.springer.com.ezproxy.humboldt.edu/article/10.1007/s11417-013-9164-4/fulltext.html

Looking into the history or restorative justice we can find many different forms of practice from all around the world. This reading features models of restorative values and practices in India that have been recorded and practiced since pre-historic times. With influences of Gandhian philosophy and Hindu Law, the Indian Criminal Justice System incorporates non-adversarial practices, including mock courts, mediation, arbitration, negotiations, and much more. India’s holistic customs represent a system of balance between offenders and victims, aiming to repair, restore, reconcile, and reintegrate both to one another and their communities. In civil disputes, alternate dispute resolution (ADR), is a common alternative when court delays and costs play a factor. Alternate dispute resolution may also play a part in reducing crowded conditions in prisons and the discarding of cases in courts. This article provides detail of India’s movement aiming for the expansion and practice of restorative justice models.

Latimer, Jeff, Craig Dowden, and Danielle Muise. “The Effectiveness of Restorative Justice Practices: A Meta-Analysis.” The Prison Journal 85, no. 2 (June 1, 2005): 127–44. doi:10.1177/0032885505276969. http://tpj.sagepub.com/content/85/2/127

This study compares restorative justice programs to traditional legal approaches to analyze victim and offender satisfaction, restitution compliance, and recidivism effectiveness. Using meta-analytic techniques, the results reveal disparities in effectiveness between both approaches. In this article, crime is defined as a violation of people and relationships, not just a violation of the law. To achieve impartiality, we must restore those connections. The process of restorative justice is a voluntary, community-based response to criminal behavior in which emphasizes recovery and rehabilitation. Combining results from multiple studies, the data reveals restorative programs significantly more effective.

 

Raine, John W. “Rehabilitative and Restorative Justice for Juvenile Offenders.” Criminology & Public Policy 13, no. 1 (February 1, 2014): 27–29. doi:10.1111/1745-9133.12078. http://onlinelibrary.wiley.com.ezproxy.humboldt.edu/doi/10.1111/1745-9133.12078/epdf

Juvenile offenders have a stronger push for sanctions that promote rehabilitation and restoration of character. With Juvenile offenders, it is clear that more research is needed to examine the impacts of restorative justice in relation of patterns of causality. This reading touches on points from family stability, desistence, and accountability. This reading discusses the importance of further understanding how to create positive sentencing and further evaluations of sanctioning.

McCluskey, Gillean, Gwynedd Lloyd, Jean Kane, Sheila Riddell, Joan Stead, and Elisabet Weedon. “Can Restorative Practices in Schools Make a Difference?” Educational Review 60, no. 4 (November 2008): 405–17. doi:10.1080/00131910802393456.

In a two-year evaluation of a national pilot project on restorative justice, the Scottish Executive fund discusses the work of teams at Glasgow and Edinburgh Universities. The goal of this project was to restore relationships where there is harm effecting offenders, victims, and others to resolve difficulties in their community. The schools identified their own aims and planned outcomes that responded to local needs and priorities. The data collected was done in interviews, surveys, observations, documentary analysis and participation, and focus groups. The research reported that restorative practices had most influence when strategies for behavioral issues involved active learning for both children and staff. This positive impact on relationships reduced the number of playground incidents, discipline referrals, exclusion and need for external support. The schools are now focusing on sustaining engagement and practicing principles of restoration.

 

Rodriguez, Nancy. “Restorative Justice at Work: Examining the Impact of Restorative Justice Resolutions on Juvenile Recidivism.” Crime & Delinquency 53, no. 3 (July 1, 2007): 355–79.

http://cad.sagepub.com.ezproxy.humboldt.edu/content/53/3/355.full.pdf+html

This article compiles findings on restorative justice that demonstrate the importance of examining addictive and interactive effects in restorative justice research. It sheds light on the major findings that have shown positive effects of juveniles using court data from both urban and metropolitan areas over a two-year period. Those who participated in these programs were less likely to recidivate compared to juveniles in comparison groups that were not participating in restorative justice. A major finding also revealed that gender played a role when looking at girl offenders that had a minimal criminal history demonstrated the most success from participating in these programs, even though there sample size in the study was smaller than the boys being sampled. This article represents the data needed to improve the juvenile justice system with community-oriented responses, holistic approaches, and the concentration of gender differences when it comes to these restorative justice practices.

Shapland, Joanna, Anne Atkinson, Helen Atkinson, Emily Colledge, James Dignan, Marie Howes, Jennifer Johnstone, Gwen Robinson, and Angela Sorsby. “Situating Restorative Justice within Criminal Justice.” Theoretical Criminology 10, no. 4 (November 1, 2006): 505–32. doi:10.1177/1362480606068876.

This article attempts to argue some key theoretical assumptions about the tasks of restorative justice and its expected outcomes. It expresses some key findings from ongoing evaluations of three restorative justice schemes funded by the Home Office in England and Wales as a part of the Crime Reduction Programme. It includes information compiled from over 840 restorative justice events and observations of 285 conferences and direct meditations. This article makes implications for the process of situating adults within the criminal justice system, including the allocation of roles, the balance of power, the importance of procedural justice, and the tasks of restorative justice- such as apology, rehabilitation, reparation, healing, restoration, and its relation with the social capital.

 

Kuo, Shih-Ya, Dennis Longmire, and Steven J. Cuvelier. “An Empirical Assessment of the Process of Restorative Justice.” Journal of Criminal Justice 38, no. 3 (May 2010): 318–28. doi:10.1016/j.jcrimjus.2010.03.006.

This article discusses the importance of restorative justice methods in school over zero tolerance punishments. It analyzes zero tolerance as an ineffective one-size-fits-all solution to delinquency in school systems. Such policies in schools define students as criminals and ultimately lead to a variety of continued problems. Restorative justice practices in schools will design a new system of repairing harm the victims and the school, protecting school community, and build on peer and intergenerational relationships through mutual respect and fairness. These methods would be implemented through cognitive behavioral processes such as role-playing, discussion, feedback, demonstration, and many more activities. Through restorative accountability the offending student must then take every effort to restore losses to the victim and the school.

Wenzel, Michael, Tyler G. Okimoto, Norman T. Feather, and Michael J. Platow. “Retributive and Restorative Justice.” Law and Human Behavior 32, no. 5 (October 2008): 375–89. doi:http://dx.doi.org/10.1007/s10979-007-9116-6.

http://search.proquest.com.ezproxy.humboldt.edu/docview/914688150?accountid=11532

Retributive and restorative justices do not deal with injustice by imposing punishment, but by reducing the reoccurrence of the offense through incapacitation, prevention, and rehabilitation. By rebuilding a sense of justice, the psychology of justice must be analyzed. This article breaks down the development of restorative justice in recent decades and develops a framework for understanding the patterns of behavior control motivations and differentiation of status/power. Symbolic implications of transgressions are an important focus when talking about taking and giving status/power in relation towards acts of crime. This study creates dialogue on how retributive and restorative alternatives function as a base towards social-psychological understanding of offenders.

Witvliet, Charlotte V. O., Everett L. Worthington, Lindsey M. Root, Amy F. Sato, Thomas E. Ludwig, and Julie J. Exline. “Retributive Justice, Restorative Justice, and Forgiveness: An Experimental Psychophysiology Analysis.” Journal of Experimental Social Psychology 44, no. 1 (January 2008): 10–25. doi:10.1016/j.jesp.2007.01.009.

This article focuses on justice and forgiveness as key concepts of restorative justice and its proposed implications for emotion, stress, and health. It reviews these concepts and their relations done through psychological measures. It finds that in the absence of forgiveness, empathy systematically increased across the no justice, retributive justice, and restorative justice conditions. It urges the importance of justice and forgiveness as collective concepts significant for arousal, valence, and perceived control. Ultimately it provides evidence stating that victims may address their experiences of injustice and associated “unforgiveness” by pursuing justice and forgiveness that is needed to reduce the gap of injustices. Restorative justice was proven in this approach to reduce negative emotion and unforgiving motivations while increasing positive emotion, empathy, prosocial forgiveness responses, and gratitude.

Zaslaw, Jay. “Restorative Resolution.” Education Digest 76, no. 2 (October 2010): 10–13. http://ezproxy.humboldt.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=aph&AN=53775664&site=ehost-live.

This study involved an empirical assessment of restorative justice that supports the hypothesis that restorative justice engages offenders in dialogue, relationship building, and moral communication to a greater degree than traditional courts. It follows the theoretical model proposed by Presser and Van Voorhis in 2002 that consists of observation and interview data. The evidence found through these assessments showed that restorative justice encouraged offenders to become actively involved in a “flowing and comfortable atmosphere”, to redevelop relationships between offenders and the people affected, and to develop feelings of remorse that might prevent them from recommitting crimes. This study shows the differences in results of restorative justice methods compared to traditional legal proceedings and possibilities for the future research and practices of the criminal justice system.

“BREAKING FREE OF THE PRISON PARADIGM: INTEGRATING RESTORATIVE JUSTICE TECHNIQUES INTO CHICAGO’S JUVENILE JUSTICE SYSTEM,” ///. http://www.lexisnexis.com.ezproxy.humboldt.edu/lnacui2api/api/version1/getDocCui?lni=5D5N-GD50-00CV-M0TS&csi=7394&hl=t&hv=t&hnsd=f&hns=t&hgn=t&oc=00240&perma=true.

This article analyzes restorative justice as an effective alternative to incarceration provided in the evidence that restored offenders are less likely to recidivate, restorative programming may be more cost-efficient, juveniles are more likely to be restored (addressing the neurobiological-based deficiencies as factors of impulse crime), and includes victim input. It looks back at the history and current structure of the juvenile justice system in Chicago that lacks knowledge and exposure to restorative justice practices. It provides the evidence that restorative justice implementation would be beneficial for the City of Chicago.

A Literature Review on The School-to-Prison Pipeline

By Adrian A. Valenzuela

School-to-Prison Pipeline Literature Review