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Article

Teaching restorative practices through games: an experiential and relational restorative pedagogy

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords restorative pedagogy, games, teaching, experiential learning
Authors Lindsey Pointer and Kathleen McGoey
AbstractAuthor's information

    This article argues for the use of games as an effective and dynamic way to teach restorative practices. Grounded in an understanding of restorative pedagogy, a paradigm of teaching in alignment with restorative values and principles, as well as experiential learning strategies, this article introduces games as a way for students to experience and more deeply understand restorative practices while building relationships and skills. Personal accounts of the authors about the impact of using games to teach restorative practices in their own communities are also included.


Lindsey Pointer
Lindsey Pointer is a PhD Candidate at Victoria University of Wellington and Creative Director of Aspen Restorative Consulting in Wellington, New Zealand.

Kathleen McGoey
Kathleen McGoey is the Executive Director of Longmont Community Justice Partnership, Longmont, USA.
Article

Restorative justice capacities in Middle Eastern culture and society: towards a hybrid model of juvenile justice in Palestine

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords Hybrid model, restorative justice, non-state justice, Palestine, Middle East
Authors Mutaz Qafisheh and Ali Wardak
AbstractAuthor's information

    Alongside the state juvenile justice system, various forms of non-state justice providers are strongly prevalent in Palestine. Although the state juvenile justice has evolved into a modern system, it lacks adequate human, professional and infrastructural capacities to provide effective justice to all children. This field research has identified key non-state justice providers in Palestine and reveals that they are more accessible and speedy and also place more emphasis on peacemaking and reconciliation than the state justice system. It also reveals that in the processes of justice dispensation, occasional violation of children’s rights takes place within some of the male-dominated non-state justice providers. In order to minimise rights violation, while capitalising on the restorative capacities of non-state justice providers, a ‘hybrid model of juvenile justice in Palestine’ has been developed and is proposed. It is argued in this article that the ‘hybrid model’ not only promises to provide a coherent framework of links between Palestinian state juvenile justice and non-state justice providers, but also has the capacity to minimise rights violation through proposed internal and external oversight mechanisms. It is further maintained that translating the hybrid model into practice may result in the provision of more accessible, inclusive and restorative juvenile justice to all children in Palestine.


Mutaz Qafisheh
Mutaz Qafisheh is Dean and Associate Professor of International Law, College of Law and Political Science, Hebron University, Hebron, Palestine.

Ali Wardak
Ali Wardak is Professor of Criminology, University of South Wales, Pontypridd, United Kingdom.

Antony Pemberton
Antony Pemberton is Full Professor of Victimology and Director of the International Victimology Institute (INTERVICT), Tilburg University, Tilburg, The Netherlands.
Article

The attitudes of prisoners towards participation in restorative justice procedures

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords Restorative justice, prisons, incarceration, punishment
Authors Inbal Peleg-Koriat and Dana Weimann-Saks
AbstractAuthor's information

    Restorative justice can be implemented at different stages of criminal proceedings. In Israel, restorative justice processes are mainly used prior to sentencing, while there are no restorative programmes for adults following sentencing and while serving their prison sentences. The aim of the present study is to examine the possibility of implementing restorative processes within prison walls. To this end, the present study empirically investigates the level of readiness and willingness of prisoners (n = 110) from two large prisons in Israel to participate in restorative processes and examines the psychological mechanisms underlying their attitudes towards actual participation in these processes. The study proposes a model according to which the relationship between the cognitive component of attitude towards victims and the harm caused by the offence (beliefs and thoughts) and the behavioural component of attitude (the inclination to participate in restorative processes) is mediated by the affective component of attitude towards the offence (sense of guilt and shame). The findings of the study support the proposed model. The study also found that the more prisoners perceived the harm they caused as having more dimensions (physical, economic, emotional), the more positive their attitudes towards restorative justice would be. This study will advance research into restorative justice at a stage that has not previously been researched in Israel and has rarely been investigated elsewhere.


Inbal Peleg-Koriat
Inbal Peleg-Koriat, PhD, is a lawyer and conflict management and negotiation specialist, and a faculty member at the Yezreel Valley Academic College, Israel.

Dana Weimann-Saks
Dana Weimann-Saks, PhD, is a lawyer and a social psychologist, and also a faculty member at the Yezreel Valley Academic College.
Article

Exploring the intertwining between human rights and restorative justice in private cross-border disputes

Journal The International Journal of Restorative Justice, Issue 1 2019
Keywords International human rights, private actors, horizontal effect, restorative justice
Authors Marta Sá Rebelo
AbstractAuthor's information

    International human rights instruments operate on the assumption that states are the focal human rights duty bearers. However, private actors can harm human rights as well. Moreover, since mechanisms at a supranational level are lacking, these instruments rely primarily on states for their enforcement. Yet states’ internal rules and courts are meant to address infringements that are confined within their borders, and are therefore often structurally unable to deal with violations having transnational impact. Restorative justice has proven to respond in depth to different kinds of wrongdoing and, although addressing the peculiarities of each case, restorative procedures can systemically prevent deviant behaviour as well. Additionally, as restorative justice relies on voluntary participation it need not operate in a specific territory. Having this broader picture in mind, the article explores whether restorative justice might be adequate for dealing with human rights infringements perpetrated by private actors that have cross-border impact.


Marta Sá Rebelo
Marta Sá Rebelo is a PhD researcher at Católica Global School of Law and a teaching assistant at Católica Lisbon School of Law, Universidade Católica Portuguesa, Lisbon, Portugal.
Article

Access_open The personal is political: the restorative dialectic of child inclusion

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Child participation, feminist analysis, intersectionality, family group conferencing, child sexual abuse
Authors Joan Pennell
AbstractAuthor's information

    The dialectic of the ‘personal is political’ is starkly evident in the lives of abused and neglected children and their families involved with child protection services. State intervention into families renders private matters into public issues. Restorative approaches in the child protection context offer a vital test of their efficacy in reshaping family and family-state relationships. Drawing upon the author’s experience as a young feminist and child protection worker, this article identifies three dynamics of the restorative dialectic: children’s testimony, women’s responsibilisation and child validation. A case study of a sexually abused teen demonstrates how the restorative process of family group conferencing transforms these dynamics. Children’s testimony of giving evidence in court becomes speaking for/speaking with; women blaming becomes collective responsibilisation; and child protectionism becomes validation of children and their cultural heritage. Together these movements uphold a relational approach to restorative justice that nudges norms toward greater equity.


Joan Pennell
Joan Pennell is Professor Emerita with the Center for Family and Community Engagement, North Carolina State University, Raleigh, USA. Contact author: jpennell@ncsu.edu. Funding: The Newfoundland & Labrador implementation research was supported by Health Canada [formerly Health & Welfare], Family Violence Prevention Division; Justice Canada, Discretionary Funds Section; Solicitor General of Canada; and Labrador Inuit Health Commission. The North Carolina work was supported by the North Carolina Department of Health and Human Services, Division of Social Services. Disclosure Statement: There are no financial conflicts of interest. Geolocation: The family group conference example is from Newfoundland and Labrador, Canada.
Article

Access_open Restorative justice as feminist practice

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Restorative justice, gender-based violence, feminism
Authors Leigh Goodmark
AbstractAuthor's information

    Feminists have viewed the implementation of restorative practices warily, particularly in the context of gender-based harms. Concerns include the devaluing of gender-based harms, the reprivatisation of violence against women and the inability of restorative practitioners to guarantee safety for people subjected to abuse. But this article will argue that restorative justice can be a uniquely feminist practice, growing out of the same mistrust of state-based systems and engagement of the community that animated the early feminist movement. Although some caution is warranted, restorative justice serves the feminist goals of amplifying women’s voices, fostering women’s autonomy and empowerment, engaging community, avoiding gender essentialism and employing an intersectional analysis, transforming patriarchal structures and ending violence against women.


Leigh Goodmark
Leigh Goodmark is Professor of Law and Director of the Gender Violence Clinic at the University of Maryland Francis King Carey School of Law, Baltimore, USA. Contact author: lgoodmark@law.umaryland.edu.
Article

Access_open Keeping complexity alive: restorative and responsive approaches to culture change

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Restorative justice, responsive regulation, relational governance, complexity
Authors Gale Burford
AbstractAuthor's information

    The human services are fraught with history of failure related to grasping oversimplified, across-the-board solutions that are expected to work in all situations for all groups of people. This article reviews some of the long-standing and current challenges for governance of programmes in maintaining cultures that safeguard restorative and responsive standards, principles and values, thereby amplifying and enhancing their centrality to relational engagement within families, groups, communities and organisations. Despite their potential for helping groups of people grapple with the complex dynamics that impact their lives, restorative justice approaches are seen as no less vulnerable to being whittled down to technical routines through practitioner and sponsor colonisation than other practices. This article explores some of the ways culture can work to erode and support the achievement of restorative standards, and why restorative justice and regulation that is responsive to the ongoing experiences of affected persons offers unique paths forward for achieving justice. Included in this exploration are the ways that moral panic and top-down, command-and-control management narrow relational approaches to tackling complex problems and protect interests that reproduce social and economic inequality.


Gale Burford
Gale Burford is Emeritus Professor of Social Work, University of Vermont, Burlington, USA. Contact author: gburford@uvm.edu. Disclosure statement: There are no financial conflicts of interest.
Article

Access_open Restorative responses to campus sexual harm: promising practices and challenges

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Sexual assault, feminist, restorative justice in colleges and universities
Authors Donna Coker
AbstractAuthor's information

    The purpose of this article is to examine restorative approaches to campus sexual harm. A restorative response may provide support and validation for survivors, a pathway for personal change for those who cause sexual harm, and assist in changing campus culture. The article addresses three significant challenges to developing a restorative response. The first challenge is the influence of a pervasive ideology that I refer to as crime logic. A second challenge is the need for an intersectional response that addresses the potential for bias in decisions by campus administrators and restorative justice practitioners. The third challenge is to develop restorative approaches for circumstances in which a victim/perpetrator dyad is not appropriate.


Donna Coker
Donna Coker is Professor of Law, University of Miami School of Law, Miami, USA. Contact author: dcoker@law.miami.edu.
Article

Access_open Asking the ‘who’: a restorative purpose for education based on relational pedagogy and conflict dialogue

Journal The International Journal of Restorative Justice, Issue 3 2018
Keywords Relational pedagogy, conflict dialogue, restorative approach, neoliberal education, marginalised students
Authors Kristina R. Llewellyn and Christina Parker
AbstractAuthor's information

    Drawing upon Gert Biesta’s concept of the learnification of education, we maintain that a meaningful purpose for Canadian schools has been lost. We demonstrate that the very fact of relationship is limited in curricula. The absence of relationality enables the continued privilege of normative identities. A restorative approach, based on asking who is being educated, could repurpose schooling. We draw upon examples from literature, current political events and our classroom-based research to illustrate how conflict dialogue, based on relational pedagogy, offers one path for a restorative approach. We conclude that conflict dialogue provides opportunities to engage diverse students in inclusive curricular experiences. Such a restorative approach exposes and explores the who of education for the purpose of promoting positive social conditions that allow for human flourishing.


Kristina R. Llewellyn
Kristina R. Llewellyn is an Associate Professor in Social Development Studies at Renison University College, University of Waterloo, Waterloo, Canada.

Christina Parker
Christina Parker is an Assistant Professor in Social Development Studies at Renison University College, University of Waterloo, Waterloo, Canada. Contact author: kristina.llewellyn@uwaterloo.ca.
Article

The adventure of the institutionalisation of restorative justice in Belgium

Journal The International Journal of Restorative Justice, Issue 2 2018
Keywords Restorative justice, institutionalisation, penal change, Belgium
Authors Anne Lemonne
AbstractAuthor's information

    At first glance, the adventure of restorative justice (RJ) in Belgium can be considered a real success story. At the turn of the 21st century, programmes oriented towards this justice model officially determined the criminal justice agenda. What were the key ideas that led to the conceptualisation of restorative justice in Belgium? Who were the main actors and agencies that carried them out? What were the main issues that led to the institutionalisation of restorative justice? What are the effects of its implementation on the Belgian criminal justice system in general? This article strives to present the main findings of a study on the basis of an extensive data collection effort and analysis targeting discourses and practices created by actors from the Belgian academic, scientific, political, administrative, social work and judicial spheres from the 1980s to 2015.


Anne Lemonne
Anne Lemonne is a researcher at the Department of Criminology, National Institute for Criminalistics and Criminology (NICC) and a member of the Centre de recherches criminologiques at the Université Libre de Bruxelles (ULB), Brussels, Belgium. Contact author: Anne.Lemonne@just.fgov.be.
Article

Introducing and theorising an in-prison restorative justice programme: the second-generation Sycamore Tree Project

Journal The International Journal of Restorative Justice, Issue 2 2018
Keywords Sycamore Tree Project, in-prison restorative justice programming, human condition, liminality, narrative
Authors Jane Anderson
AbstractAuthor's information

    This article introduces an in-prison restorative justice programme: the second-generation Sycamore Tree Project (STP-2). The programme brings together crime victims and unrelated offenders in a prison setting to discuss and address the harm of crime to their lives. In the first part of the article, description is given to how STP-2 has evolved in Australia from a ‘faith-based’ programme to one that is restorative. In the second part, three anthropological theories are used to provide explanation and prediction of the transformative effects of in-prison restorative justice programming on prisoners as informed by STP-2. The prisoner-participant is viewed as a ‘person’ who, in liminal conditions, is afforded agency to create a meaningful narrative that is directed to revising how one is to associate with others in morally acceptable ways. The article concludes with a comparison between STP-1 and STP-2, and some proposals for research beyond this theoretical excursion.


Jane Anderson
Jane Anderson is Honorary Research Fellow, Anthropology and Sociology, Faculty of Arts, Humanities and Social Sciences, The University of Western Australia, Crawley, Australia. Contact author: jane.anderson@uwa.edu.au.
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.
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.
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.
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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