The Potential of Restorative Justice

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

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 âbeing 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 ârestorative 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.
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
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.
Henikman, Ross and Graves, Maria and Ortiz, Jason and Henikman, Ross and Hargrove, Erik and Graves, Maria. Changes in Sentencing Policy: Sentencing Policy Changes in Response to Residential Burglary Offenders: With overtaxed correctional facilities, both in terms of budgets and space, and the prevalence of residential burglary in the United States alternatives to traditional sentences must be considered. Restorative justice practices can not only have a greater impact upon the offender, but also show promise in helping to alleviate some of the emotional injury that is suffered by residential burglary victims. (excerpt)
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.
Schroeder, Ainslie. Mediating Sexual Assault: Justice for Victims Within and Beyond the Criminal Justice System.: Restorative justice measures, such as victim-offender mediation and family group conferencing, have been touted as bringing a richer and more lasting justice to all parties involved—victims, offenders, family members and the community alike. Significant concerns exist, however, regarding the appropriateness of applying restorative justice to gendered violence, both because of doubts that restorative methods can benefit victims in this context and because of the perceived incompatibility of restorative justice with the women’s movement goal of establishing violence against women as a serious public criminal law issue. This paper will focus on both the appropriateness and efficacy of restorative justice measures in addressing sexual assault and on the proper forum in which it should occur. I conclude that restorative justice for victims of sexual assault has demonstrable benefits for victims and offenders, benefits that could reach more parties if offered completely apart from the criminal justice system. While restorative justice measures will have some negative impact on efforts to keep violence against women in the public eye, its demonstrated benefits would likely exceed any detrimental effect. Generating options for women who are ill-served by the current system and in need of help is the best feminist response to this very difficult issue. (excerpt)
Daly, Kathleen. Seeking Justice in the 21st Century: Towards an Intersectional Politics of Justice: After setting the political and personal contexts, defining key terms, and comparing Indigenous and restorative justice, I clarify three interrelated sites of contestation between and among feminist and anti-racist groups as these relate to alternative justice practices. They are the inequality caused by crime (victims and offenders), social divisions (race and gender politics), and individuals and collectivities (rights of offenders and victims). I outline an intersectional politics of justice, which seeks to address the conflicts at each site. My intersectional framework attempts to align victims’ and offenders’ interests in ways that are not a zero sum game, and to find common ground between feminist and anti-racist justice claims by identifying the negotiating moves each must make. It proposes that victims and offenders have positive rights that are not compromised by collectivities. (author's abstract)
Therapeutic jurisprudence, restorative justice and brushfire arson: from Michael King's entry on Cutting Edge Law Blog: Last Thursday and Friday at the Monash University Conference Centre in Melbourne I took part in a symposium organised by Monash Sustainability Institute, the Australian Institute of Criminology and others about preventing bush fires.... A key feature of the symposium was its multi-disciplinary approach – professionals from the fire services, police, psychology, corrections, criminology and the law explored the different aspects of the motivations behind, detection and investigations into and prosecution and sentencing in relation to bush fire arson. Identifying potential arsonists and greater community education were other matters considered at the symposium.
Wright, Martin. 2006. Restorative Justice in Europe and Beyond. ‘Co-operation of Eastern and Central European countries for the development of restorative justice and mediation’, Warsaw, 21-22 January 2006‘.: I should like to say something about the European Forum for Restorative Justice; then I will suggest ways in which in which restorative justice could develop in Europe, especially the extension of restorative approaches in schools. Then I will look at three particular ways in which restorative justice can be put into practice. One is through community involvement, including the work of non-governmental organizations, the use of trained volunteers from the community, and the participation of those affected, who are of course also members of the community. Secondly, we have to consider the position of restorative justice in relation to the criminal justice system. Thirdly, how can restorative justice could be linked to crime reduction and social reform? Finally, I should like to look at examples of these restorative approaches in three other parts of the world. (excerpt)
Duality or trinity, scales or circles: What approach for justice in a new generation?

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Navigation Lecture Hall Introduction to Restorative Justice Restorative Justice around the World Educational Opportunities Restorative Justice Theory Defining Restorative Justice Distinguishing Restorative Justice Conceptual Issues and Justifications The Potential of Restorative Justice Shame Restorative Dialogue Limitations to Restorative Justice Retribution and Restoration Restorative Justice and Aboriginal Traditions Theory Articles -- Full List Making Amends Restorative Justice Course Syllabi Book Reviews Video Reviews Real People, Real Stories Practice Manuals Evaluation Research Evaluation Tools Role Plays Using Restorative Practices	Info The Potential of Restorative Justice What kind of role might restorative justice play in the future? 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 âbeing 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 ârestorative 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. 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 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. Henikman, Ross and Graves, Maria and Ortiz, Jason and Henikman, Ross and Hargrove, Erik and Graves, Maria. Changes in Sentencing Policy: Sentencing Policy Changes in Response to Residential Burglary Offenders With overtaxed correctional facilities, both in terms of budgets and space, and the prevalence of residential burglary in the United States alternatives to traditional sentences must be considered. Restorative justice practices can not only have a greater impact upon the offender, but also show promise in helping to alleviate some of the emotional injury that is suffered by residential burglary victims. (excerpt) 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. Schroeder, Ainslie. Mediating Sexual Assault: Justice for Victims Within and Beyond the Criminal Justice System. Restorative justice measures, such as victim-offender mediation and family group conferencing, have been touted as bringing a richer and more lasting justice to all parties involved—victims, offenders, family members and the community alike. Significant concerns exist, however, regarding the appropriateness of applying restorative justice to gendered violence, both because of doubts that restorative methods can benefit victims in this context and because of the perceived incompatibility of restorative justice with the women’s movement goal of establishing violence against women as a serious public criminal law issue. This paper will focus on both the appropriateness and efficacy of restorative justice measures in addressing sexual assault and on the proper forum in which it should occur. I conclude that restorative justice for victims of sexual assault has demonstrable benefits for victims and offenders, benefits that could reach more parties if offered completely apart from the criminal justice system. While restorative justice measures will have some negative impact on efforts to keep violence against women in the public eye, its demonstrated benefits would likely exceed any detrimental effect. Generating options for women who are ill-served by the current system and in need of help is the best feminist response to this very difficult issue. (excerpt) Daly, Kathleen. Seeking Justice in the 21st Century: Towards an Intersectional Politics of Justice After setting the political and personal contexts, defining key terms, and comparing Indigenous and restorative justice, I clarify three interrelated sites of contestation between and among feminist and anti-racist groups as these relate to alternative justice practices. They are the inequality caused by crime (victims and offenders), social divisions (race and gender politics), and individuals and collectivities (rights of offenders and victims). I outline an intersectional politics of justice, which seeks to address the conflicts at each site. My intersectional framework attempts to align victims’ and offenders’ interests in ways that are not a zero sum game, and to find common ground between feminist and anti-racist justice claims by identifying the negotiating moves each must make. It proposes that victims and offenders have positive rights that are not compromised by collectivities. (author's abstract) Therapeutic jurisprudence, restorative justice and brushfire arson from Michael King's entry on Cutting Edge Law Blog: Last Thursday and Friday at the Monash University Conference Centre in Melbourne I took part in a symposium organised by Monash Sustainability Institute, the Australian Institute of Criminology and others about preventing bush fires.... A key feature of the symposium was its multi-disciplinary approach – professionals from the fire services, police, psychology, corrections, criminology and the law explored the different aspects of the motivations behind, detection and investigations into and prosecution and sentencing in relation to bush fire arson. Identifying potential arsonists and greater community education were other matters considered at the symposium. Wright, Martin. 2006. Restorative Justice in Europe and Beyond. ‘Co-operation of Eastern and Central European countries for the development of restorative justice and mediation’, Warsaw, 21-22 January 2006‘. I should like to say something about the European Forum for Restorative Justice; then I will suggest ways in which in which restorative justice could develop in Europe, especially the extension of restorative approaches in schools. Then I will look at three particular ways in which restorative justice can be put into practice. One is through community involvement, including the work of non-governmental organizations, the use of trained volunteers from the community, and the participation of those affected, who are of course also members of the community. Secondly, we have to consider the position of restorative justice in relation to the criminal justice system. Thirdly, how can restorative justice could be linked to crime reduction and social reform? Finally, I should like to look at examples of these restorative approaches in three other parts of the world. (excerpt) Duality or trinity, scales or circles: What approach for justice in a new generation? Next 9 items » [1] 2 Document Actions Send this Print this	Africa Asia Europe Latin America Middle East North America and Caribbean Pacific Search 9932 publications on restorative justice Recent RJOB Comments Oakland as a RJ city? Jul 29, 2010 Trauma Jul 29, 2010 Psych Reports to BPT board Jul 29, 2010 More… Slide Show: What is Restorative Justice Click to view a slideshow discussing the definition of restorative justice. Jul 21, 2010 Promoting Restorative Justice in Panama Jul 28, 2010 Raising Community Awareness in Swaziland Jul 28, 2010 Exploring alternatives in Finland Jul 28, 2010 PF Rwanda Receives Grant for Reconciliation Work Jun 27, 2010 Restorative Justice in the Community.