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Article

Restorative justice as empowerment: how to better serve the goals of punitive retribution

Journal The International Journal of Restorative Justice, Issue 2 2018
Keywords Restorative justice, retributive punishment, empowerment of victims, restoring dignity and autonomy in survivors of crime
Authors Theo van Willigenburg
AbstractAuthor's information

    Restorative justice practices are applied only to the margins of criminal justice systems. These systems generally punish the wrongdoer in order to give him his ‘just desert’. For restorative justice to be more attractive, we need to understand why punitive retribution is such a powerful motive. If the scales of justice are out of balance because of suffering inflicted (to the offended), why would the infliction of more suffering (to the offender) bring redemption? It is argued that much of the sting of being harmed by an offender derives from the identity implications of the act. Punitive retribution may satisfy short-lasting vindictive desires, but its main symbolic function is to restore the victim’s self-image and dignity by humiliating the perpetrator. This is done in a notoriously indirect and ineffective way, though. It is argued that restorative justice can do much better, if it is understood in terms of empowering the offended. This involves procedures that restore the victim’s autonomy, prestige and self-confidence. Apart from bringing the offended back into the driver’s seat of the process, restorative justice empowers the survivors of crime by helping them face offenders, face themselves and face their community. Restorative justice is not only much more rewarding than punitive retribution, it also provides better ways of communicating personal and public disapproval of crime.


Theo van Willigenburg
Theo van Willigenburg is resident research fellow at VU University Amsterdam and director of the Kant Academy, Utrecht (The Netherlands). Contact author: vanwilligenburg@kantacademy.nl.

Carolyn Hoyle
Carolyn Hoyle is Professor of Criminology, University of Oxford (UK).

Diana Batchelor
Diana Batchelor is a DPhil candidate, Centre for Criminology, University of Oxford (UK). Contact author: carolyn.hoyle@crim.ox.ac.uk.

Gwen Robinson
Reader in Criminal Justice, University of Sheffield, Sheffield (UK). Contact author g.j.robinson@sheffield.ac.uk.
Article

Measuring the restorativeness of restorative justice: the case of the Mosaica Jerusalem Programme

Journal The International Journal of Restorative Justice, Issue 2 2018
Keywords Restorative justice, criminal justice, criminal law taxonomy, victims, offenders
Authors Tali Gal, Hadar Dancig-Rosenberg and Guy Enosh
AbstractAuthor's information

    This study uses a Jerusalem-based restorative justice programme as a case study to characterise community restorative justice (CRJ) conferences. On the basis of the Criminal Law Taxonomy, an analytical instrument that includes seventeen measurable characteristics, it examines the procedural elements of the conferences, their content, goals and the role of participants. The analysis uncovers an unprecedented multiplicity of conference characteristics, including the level of flexibility, the existence of victim-offender dialogue, the involvement of the community and a focus on rehabilitative, future-oriented outcomes. The findings offer new insights regarding the theory and practice of CRJ and the gaps between the two.


Tali Gal
Tali Gal is Associate Professor and Senior Lecturer, School of Criminology, University of Haifa, Haifa, Israel.

Hadar Dancig-Rosenberg
Hadar Dancig-Rosenberg is Visiting Professor, UC Berkeley School of Law (2017-2018) and Associate Professor, Bar-Ilan University Faculty of Law, Ramat-Gan, Israel.

Guy Enosh
Guy Enosh is Associated Professor, Faculty of Welfare and Health Sciences, School of Social Work, University of Haifa, Haifa, Israel. Contact author: tgal1@univ.haifa.ac.il. Note: The first two authors have contributed equally; the third author contributed to the methodology. Acknowledgements: We are grateful to Gali Pilowsky-Menkes and Rotem Spiegler for outstanding data collection assistance. We are also grateful to Caroline Cooper, Netanel Dagan and Adi Libson for insightful comments. We are particularly indebted to the Mosaica workers and volunteers who provided us access to their materials while ensuring the privacy of all parties involved.
Article

Access_open Peer mentoring justice-involved youth: a training model to promote secondary desistance and restorative justice among mentors

Journal The International Journal of Restorative Justice, Issue 2 2018
Keywords Peer mentoring, justice-involved youth, formerly incarcerated, secondary desistance, training programmes
Authors Mayra Lopez-Humphreys and Barbra Teater
AbstractAuthor's information

    This article introduces a mentoring programme for justice-involved youth that utilises the unique and often overlooked resources offered by adults with a history of incarceration, and the innovative training model that aims to promote secondary desistance and restorative justice among the mentors. An examination of the generative role of peer mentoring and its overlap with restorative justice as a healing process that provides opportunities for offenders to make indirect amends that contribute to the social rehabilitation of their communities is presented. An overview of the history and anticipated aims of mentoring programmes for justice-involved youth is provided, followed by a discussion of the importance of secondary desistance in peer mentoring programmes and a review of the elements, conceptual underpinnings and anticipated benefits of the training programme for the mentors. The training programme is argued to offer approaches that support the primary and secondary desistance-orientated changes and the reparative work needed within the mentor.


Mayra Lopez-Humphreys
Mayra Lopez-Humphreys is Associate Professor, Department of Social Work, City University of New York College of Staten Island, New York, United States of America.

Barbra Teater
Barbra Teater is Professor, Department of Social Work, City University of New York College of Staten Island, New York, United States of America. Contact author: mayra.humphreys@csi.cuny.edu.

Mikhail Lyubansky
Teaching Associate Professor, Psychology, University of Illinois, Urbana-Champaign (USA). Contact author: Lyubanskym@gmail.com.

Joao Salm
Assistant Professor of Criminal Justice, Governors State University (USA). Contact author: jsalm@govst.edu.

Antonio Buonatesta
Antonio Buonatesta is the Director of Médiante Asbl, Namur (Belgium).

Philippe Gailly
Philippe Gailly is Criminologist and Mediator, Arpège-Ouverture Médiation Asbl, Liège (Belgium).

Denis Van Doosselaere
Denis Van Doosselaere is the Director of Arpège-Ouverture Médiation Asbl, Liège (Belgium). Contact author: dvandoosselaere@gmail.com.

Catherine Rossi
Catherine Rossi is Professor, École de travail social et de criminologie, Laval University, Québec.

Serge Charbonneau
Serge Charbonneau is Director, Regroupement des organismes de justice alternative du Québec. Contact author: scharbonneau@rojaq.qc.ca.

Estelle Zinsstag

Ivo Aertsen

Lode Walgrave

Fernanda Fonseca Rosenblatt

Stephan Parmentier

Nicola Preston
Adjunct Faculty, International Institute for Restorative Practices Graduate School (USA). Senior Lecturer, Faculty of Education and Humanities, University of Northampton, (UK). Contact author: nicolapreston@iirp.edu.
Article

South African female offenders’ experiences of the Sycamore Tree Project with strength-based activities

Journal The International Journal of Restorative Justice, Issue 1 2018
Keywords Female offenders, positive psychology, Prison Fellowship, strength-based activities, Sycamore Tree Project (STP)
Authors Mariëtte Emmerentia Fourie and Vicki Koen
AbstractAuthor's information

    The aim of this study is to explore South African female offenders’ experiences of the Sycamore Tree Project (STP) with strength-based activities. A qualitative, explorative-descriptive research design was applied. The sample included nineteen female offenders who were purposively sampled. Data were collected through the world café method and thematically analysed. The results identify four main themes, namely experiences of STP with strength-based activities, new discoveries as a result of participation in the STP with strength-based activities, experiences of strength-based activities and recommendations regarding the STP with strength-based activities.


Mariëtte Emmerentia Fourie
Mariëtte Emmerentia Fourie is a Master in Positive Psychology, Africa Unit for Transdisciplinary Health Research, Faculty of Health Sciences, North-West University (Potchefstroom Campus), Potchefstroom, South Africa.

Vicki Koen
Vicki Koen is a Research Psychologist, Department of Psychology, North-West University (Mafikeng Campus), Mafikeng, South Africa. Contact author: Vicki Koen at 12976121@nwu.ac.za.
Article

Adult reparation panels and offender-centric meso-communities: an answer to the conundrum

Journal The International Journal of Restorative Justice, Issue 1 2018
Keywords Adult reparation panels, meso-community of care, concern and accountability, reintegration, restoration, surrogate familial bonds
Authors Darren J. McStravick
AbstractAuthor's information

    The community paradigm is continually cited as an important influence within restorative practices. However, this influence has not been sufficiently clarified. This article seeks to answer this conundrum by identifying a novel meso-community of care, concern and accountability that has been emerging as part of adult reparation panel procedures. This offender-centric community consists of traditionally secondary justice stakeholders led by criminal justice representative professionals including police officers and probation officials. It also includes lay volunteers and reparation programme officials dependent on state funding and cooperation. Professionalised panellists have led the development of surrogate familial bonds with offenders through the incorporation of a welfare ethos as part of case discourses. This care and concern approach has increased opportunities within case agreements for successful reintegration and rehabilitation. However, this article also acknowledges some concerns within panel processes in that, by attempting to increase accountability for harms caused, there is a danger that panellists are blurring the restorative lines between rehabilitation and genuine restoration and reparation.


Darren J. McStravick
Darren J. McStravick is a lecturer in Law, School of Law, Kingston University, Kingston upon Thames, UK. Contact author: D.mcstravick@kingston.ac.uk.
Article

Access_open The challenges for good practice in police-facilitated restorative justice for female offenders

Journal The International Journal of Restorative Justice, Issue 1 2018
Keywords Restorative justice, police, female offenders
Authors Birgit Larsson, Gillian Schofield and Laura Biggart
AbstractAuthor's information

    This article reports on the uses of police-led restorative justice (RJ) for female offenders by one constabulary in England from 2007 to 2012. The study consisted of (1) quantitative analysis of administrative police data on 17,486 participants, including 2,586 female offenders, and (2) qualitative analysis of twelve narrative interviews with female offenders sampled from the database. Quantitative data demonstrated that the majority of female offenders committed low-level offences and that the majority of participants experienced street RJ. Female offenders reported mixed experiences with RJ in qualitative interviews. On the whole, women did not understand what RJ was, leading to complications as many felt their victims were mutually culpable. Some felt that the police forced them to apologise and treated them like criminals while others felt the police gave them a second chance. The study raises questions about what the police can bring to RJ in relation to vulnerable women.


Birgit Larsson
Birgit Larsson is a lecturer at the School of Social Work, University of East Anglia, Norwich, UK. Contact author: b.larsson@uea.ac.uk.

Gillian Schofield
Gillian Schofield is a Professor at the School of Social Work, University of East Anglia, Norwich, UK.

Laura Biggart
Laura Biggart is lecturer at the School of Psychology, University of East Anglia, Norwich, UK.
Conversations on restorative justice

A talk with John Blad

Journal The International Journal of Restorative Justice, Issue 1 2018
Authors Albert Dzur
Author's information

Albert Dzur
Albert Dzur is Professor, Departments of Political Science and Philosophy, Bowling Green State University, USA. Contact author: awdzur@bgsu.edu.
Annual lecture

Access_open Restorative justice and criminal justice: limits and possibilities for Brazil and Latin America

Journal The International Journal of Restorative Justice, Issue 1 2018
Keywords Justice restorative, criminal justice, punishment, Brazil, Latin America
Authors Vera Regina Pereira de Andrade
AbstractAuthor's information

    This article is based on the 2017 RJIJ annual lecture and seeks to examine the development of the restorative justice movement within the judiciary in Brazil (‘judicial restorative justice’) in the last decade or so (2005-2017). The focus is on its relation to penal justice, listing the main possibilities and challenges in the Latin American context. The main question I wish to address is how does restorative justice, being led by the judiciary in Brazil, look like? When, where, how and under which theoretical and methodological angles is it being developed? What are the human and material resources being used? How can the relationship between restorative justice and the current Brazilian criminal justice system be understood? My hypothesis is that judicial restorative justice in Brazil is going through a process of expansion and development, framing a paradigm that is under construction and in which, despite the possibilities of challenging and transforming the current justice system, it has been nevertheless colonised by this same justice system. Therefore, restorative justice is being left to deal with low-level crimes and facing structural and conjectural limits to the concretisation of its objectives. In addition, the field in Brazil is hit by a structural lack of dialogue with other Latin American countries, which results in a mutual impoverishment of sorts, as the ‘restorativism’ currently experienced, hither and thither, is heated up by the intersection of emancipatory principles and values.


Vera Regina Pereira de Andrade
Vera Regina Pereira de Andrade is Emeritus Professor, Federal University of Santa Catarina, Florianópolis, Brazil. Contact author: vrpandrade@hotmail.com.

Robert Cario
Robert Cario is Professor Emeritus of Criminology, Université de Pau et Pays de l’Adour, France, and Founder President of the French Institute for Restorative Justice.

Benjamin Sayous
Benjamin Sayous is the Director of programmes at the French Institute for Restorative Justice, Pau, France. Contact author: direction@justicerestaurative.org.
Article

Restorative justice: a framework for examining issues of discipline in schools serving diverse populations

Journal The International Journal of Restorative Justice, Issue 1 2018
Keywords Restorative justice in U.S. schools, school-based discipline, discipline gap, social justice
Authors Carrie Ann Woods and Martha Lue Stewart
AbstractAuthor's information

    The purpose of this article is to explore the literature on restorative justice (RJ) as employed in educational settings and its relationship to student achievement and to present it as a model for working with high-needs populations. While there is no single measure to determine ‘need’ amongst students, the reference in this article is to particularly vulnerable populations of students, due to racial, linguistic, academic or other differences. Information sources utilised in this study were chosen based on their relevance to the application and assessment of RJ programmes implemented with youth in school systems, with a particular focus on its relevance in the context of the United States. This article points at the history of RJ and how particularly impactful such programmes can be with this target group, given the aims and desired outcomes of this philosophy.


Carrie Ann Woods
Carrie Ann Woods is a Doctoral Student, National Urban Special Education Leadership Initiative, University of Central Florida, Orlando, USA. Contact author: carrie.woods@ucf.edu.

Martha Lue Stewart
Martha Lue Stewart is a Professor at the Department of Child, Family and Community Sciences, University of Central Florida, Orlando, USA.
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