Paper 1: Examining the views of restorative practitioners about the effects of their professional practices. Abstract The Youth Justice Board and the Department for Education share the common goal of reducing offending and harmful behaviour in children and young people (Ministry of Justice, 2010; DfE, 2011). In both sectors, evidence for the effectiveness of practices based upon the principles of restorative justice (RJ) is mounting, yet there is a distinct lack of theoretical clarity regarding the psychological mechanisms through which such practices work. Moreover, the voice of RJ practitioners is not found in current theoretical propositions. In this paper, eight RJ practitioners, from a mixture of school and youth justice backgrounds, are interviewed about their professional practices. Interview transcripts are thematically analysed in an inductive manner, according to the guidelines set out by Braun & Clarke (2006). Analysis is interpreted in terms of responsive regulation (Braithwaite, 2002; Morrison, 2003), the social learning perspective of Macready (2009) and in terms of cognitive dissonance theory (Festinger, 1957). It is suggested that RJ-based practices, according to the views of professionals, are effective because a) they respond to harm flexibly and after the incident, b) they engage young people in a process of learning social responsibility and c) they provide young people with ways of reducing cognitive dissonance based upon acknowledging and repairing harm, rather than through blaming and denying responsibility. Paper 2: Examining the views of young people about their experiences of restorative justice-based practices. Abstract The Youth Justice Board and the Department for Education share the common goal of reducing offending and harmful behaviour in children and young people (Ministry of Justice, 2010; DfE, 2011). In both sectors, evidence for the effectiveness of practices based upon the principles of restorative justice (RJ) is mounting, yet there is a distinct lack of theoretical clarity regarding the psychological mechanisms through which such practices work. Whilst the voice of young people can be heard in the literature, these have come primarily through surveys and other closed-question response formats. Thus, there is a lack of an in-depth characterisation of young people’s experiences of RJ. In this paper, six young people are interviewed about their experiences of RJ-based practices. Interview transcripts are thematically analysed in an inductive manner, according to the guidelines set out by Braun & Clarke (2006). Analysis is interpreted in terms of Barton’s (2000) Empowerment Model of Restorative Justice (EMRJ) and in terms of responsive regulation (Braithwaite, 2002; Morrison, 2003). It is suggested that RJ-based practices, according to the views of young people, are effective because a) they empower young people in the process of responding to harm and b) they involve responding to harm flexibly and after the incident, providing emotional support and enabling all stakeholders to be open and honest. The implications of both these findings and those from paper 1 are discussed in the context of Aug 2011 riots.

Based on the reflections of frontline workers, this paper explores restorative justice programming in Winnipeg, Manitoba and critically raises questions around settler colonialism, the justice process, and the “participant” “worker” relationship. Within settler colonial theory, the criminal justice system is seen as a colonial project that continues to disproportionately control and confine Indigenous Peoples. Exploring how workers understand settler colonialism and the restorative justice difference in their work and in their relationship with participants, this thesis argues that, to its detriment, restorative justice theory has not adequately considered settler colonialism. Grounded in a critical constructivist research paradigm, data was collected through one-on-one interviews and focus groups with ten frontline workers who are program coordinators, victim offender mediators, and community workers. Framed by the writer’s own experience as a frontline worker, the collected narratives offer critical, yet hopeful insight into restorative justice theory and practice, particularly within settler colonial contexts. / February 2017

University of Macau / Faculty of Social Sciences. / Department of Sociology

A proposta desta pesquisa baseia-se num diálogo entre Psicanálise e Direito, através da função do testemunho na Justiça Restaurativa. Para tanto, primeiramente aponta algumas das principais problemáticas na articulação dessas duas áreas, através de autores da psicanálise, principalmente. Em seguida, realiza uma breve contextualização da crítica sobre o desenvolvimento do sistema jurídico (com M. Foucault) e da questão da penalidade e a partir daí contextualiza a proposta Justiça Restaurativa. Dessa proposta, depreende a questão do perdão e da culpa, aqui abordados pelo viés da psicanálise e da filosofia (com J. Derrida e H. Arent) e aponta, ainda, para questões advindas da filosofia do Direito (através de F. Ost), como sobre o lugar de Juiz, entre outras. Por fim, sublinha a questão da performatividade dos atos de fala, critica a função do testemunho e suas relações com a memória, com a história e, ainda, com a Utopia. Como metodologia, se vale da pesquisa em psicanálise. / This research's proposition is based on a dialogue between Psychoanalysis and Law, through the testimony's functions on Restorative Justice. Therefore, primarily it points some of the main articulational issues of both areas, through psychoanalysis authors, principally. After, it does a brief critical contexting about the development of the law system (with M. Foucault) and of the matter of penalty and based on this it contexts the proposition of Restorative Justice. From this proposition, it infers the matters of forgiveness and guilt, boarded from the perspective of psychoanalysis and philosophy (with J. Derrida and H. Arent) and points, although, to matters come from Law's philosophy (through F. Ost), as the place of the Judge, among others. Finally, it underlines the matter of the performactivity of the speeching act, criticizes the testimony's function and its relations to memory, to history, and even to Utopia. As methodology, it exploits of the psychoanalysis' research.

Ninety-five percent of all offenders are released, most of whom return to family members who have suffered greatly from their loved one's criminal behavior; yet, research on their victimization and trauma is rare. Additionally, families anticipate a role in the offender's reintegration; however, little research has explored their own recovery and insights on their reintegrative efforts. This qualitative phenomenological study sought to discover a deeper understanding of the lived experiences of 13 offender family members in Texas. Participants were recruited through community organizations and selected through a purposeful sampling strategy to ensure diversity. The data were collected through screening and face-to-face interviews and analyzed through iterative hand coding and thematic development, supported by secondary coding review and participant verification. Concepts explored included victimization within a trauma-informed environment, whereby support systems understand the impact of trauma on individuals and reintegration within a restorative justice model, which aims to restore individual and community trust. Results found that participants voiced consistent themes of victimization, presented effective coping mechanisms and overall continued relationships with friends, family members, and the community. Findings also showed that participants anticipated roles of both emotional and instrumental support and reported an interest in their involvement with a restorative justice option for the offender upon his reentry. The findings draw no definitive conclusions on the degree of family member victimization but do promote social change for developing policies that collaboratively engage family members within the judicial and reentry process to reduce recidivism.

Conferencing is a Restorative Justice practice operating in juvenile justice systems in Australia. Some conferences are convened by police, despite research demonstrating that ethnic minority youth often view police as biased or untrustworthy. Justice research in evaluative legal procedures indicates that perceived third party bias and outcomes delivered by a third party affect fairness judgments. Many disputants regard conferences as more fair than court. However, psychological mechanisms underlying fairness judgments in conferences, where offenders participate in outcome decisions, have not been directly investigated. This research program examined the effects of outcome and perceived convenor bias on procedural and distributive justice ratings in conferencing. Past research indicates that people high and low on Hofstede??s power-distance dimension differ in their emphases on outcome and third party bias when forming fairness judgments. This thesis investigated whether power-distance moderated the interactive effect of trust and outcome on fairness judgments in conferences. Study 1 established power-distance variation in a university sample, and similarity with a community sample on perceived police bias. Study 2 confirmed that high power-distance people who consider police biased against them may nonetheless choose to participate in police-convened conferences. Studies 3 and 4 extended previous research examining interactive effects of trust and outcome on justice judgments in evaluative procedures, investigating whether power-distance moderated this effect. No significant effects of power-distance and trust emerged, but the findings demonstrated the importance of outcome fairness (correspondence between outcomes and beliefs) in determining procedural justice. Studies 5, 6 and 7 extended this investigation to conferencing procedures. Studies 6 and 7 employed a computer-simulation, allowing participants to interact with a conference transcript and select outcomes, thereby investigating the effects of trust and power-distance on outcome choice, as well as the effects of trust, power-distance, and outcome on justice evaluations. Studies 5 and 6 were unsuccessful in manipulating bias by varying convenor identity (police versus civilian). Study 7 successfully manipulated bias according to convenor behaviour and revealed that third party bias in conferencing affected outcome choices but not fairness judgments. Results are discussed in terms of implications for culturally-relevant police practices, procedural justice theory and conferencing policy.

Restorative justice was first used in Saskatchewan in 1985 and experienced a meteoric rise over the next two decades. In Saskatchewan, the use of restorative justice is not authorized for certain ‘serious’ offences, including sexual assault and family violence. While the overriding sense is that restorative justice programs have been successful, the momentum surrounding restorative justice has begun to taper off. Exploration into the use of restorative justice with more serious offences is being contemplated to combat the movement’s stagnation. Despite the rapid expansion of restorative justice agencies and organizations in Saskatchewan, little research has been conducted on these programs. In other jurisdictions, the research conducted has largely focused on program outcomes rather than the processes involved. There is also a gap in the research respecting how justice professionals view restorative justice and, in particular, how certain issues, such as safety and power imbalances, are currently addressed and will be addressed if more serious offences are referred to programs. To fill this gap, I conducted a qualitative study to determine how well those involved with Saskatchewan restorative justice programs, such as Crown prosecutors, police and program staff, believe programs are handling the offences currently referred. I also sought their views on the prospect of authorizing the use of restorative justice for more serious offences and what, if anything, must be changed in current programs to meet additional needs. The study revealed a mix of views across the professions, but generally justice professionals in Saskatchewan are resistant to the idea of referring more serious offences to restorative justice programs. Participation in a restorative justice process most deeply influenced views on whether restorative justice is appropriate for more serious offences. The concerns expressed about programs are poor practice or administrative in nature, and are fixable by employing best practices. A provincial strategic plan is needed for restorative justice to move forward. The plan should focus on determining clear goals and measures of success; committing to a set of best practices; more evaluation of programs and the effect of restorative justice on recidivism rates; expanded training for all justice professionals; and a greater investment in ensuring the ‘right’ person is in the room during restorative justice processes. The plan will gain the confidence of justice professionals, policy makers and the public in the ability of restorative justice to handle more serious offences.

Restorative justice, a social movement seeking to introduce reform in the operation of the traditional criminal justice system, has seen a marked proliferation of its initiatives over the last decade in countries like Australia, New Zealand, United Kingdom, Canada and the United States. Restorative processes are those in which offenders, victims and/or others affected by a crime participate often with the help of a facilitator, in the resolution of matters arising from that crime. Prevailing literature indicates that the intellectual heritage of restorative justice is diverse and rooted in a myriad of theories, beliefs, values and customs. Restorative justice is also used to describe a bewildering range of practices and programmes. While restorative justice draws on existing traditional, indigenous and religious beliefs in dealing with disputes, effective restorative justice practices depend on a well functioning and credible criminal justice system. The current preoccupation with restorative justice by advocates for criminal justice reform is closely related to low levels of access to justice on the part of many South Africans. The extraordinarily high rates of violent crimes in South Africa clearly suggest that restorative justice cannot replace current penal law and procedure. Effective and innovative integration of restorative processes into the formal criminal justice system is just one of the many challenges facing criminal justice systems worldwide. The question that arises is whether restorative processes can and should inform a greater proportion of justice system activity? In answer to this question the present study critically explores the development of the restorative justice paradigm in South Africa both within the criminal justice system, as well as initiatives taking place outside it Since 1994 there have been numerous policies that have sought to incorporate restorative principles. Notwithstanding its growing popularity, its integration into the national criminal justice agenda for reform is fraught with difficulties, both theoretical and practical. The study highlights the difficulties associated with applying restorative approaches in cases of intimate violence against women and children and proposes that the primary focus should be on victim safety and not merely offence seriousness and willingness of the offender or victim to participate. dearly the agenda for implementation and strengthening of restorative practices in the criminal justice system has to go hand in hand with the provision of victim services and support. An integrated, multi-sectoral approach involving collaboration with the relevant government departments is suggested, so that clear strategies may be developed in order that responses may be facilitated from the moment a crime occurs until the final restorative elements have been completed. The study concludes by making recommendations in respect of implementation, policy and law reform, practice guidelines and standards, skills development and training, and curriculum development in the field of restorative justice. / Thesis (Ph.D.)-University of KwaZulu-Natal, 2008.

No description available.

This thesis explores the recent introduction of restorative justice into the youth justice system in England. It examines the historical and political context from which current youth justice policies have emerged and aims to evaluate how this new system is functioning 'on the ground' several years after being implemented. Specifically, the primary aim of the research is to investigate final warnings and referral orders. The findings are based on an in-depth study of one Youth Offending Team (YOT). The research adopted a predominantly qualitative, case study based method utilizing techniques of observation, informal conversations, formal interviews with the young offenders and their supporters as well as with authority figures who are amongst those responsible for policy and practice in the youth justice system. The substantive chapters of this thesis focus on the delivery of final warnings, referral order panel meetings, victim participation, and the structural, cultural and political influences on YOT practice. This research concludes that at present, restorative practices in England are seriously compromised. However, simply because these programmes experience difficulties, they should not necessarily be considered a failure. The present failures in practice are not related to the philosophical foundation of these programmes or even to the way in which they have been set up. Rather, the current shortcomings in practice are due mostly to a failure of implementation on the part of the YOT. The final warning and referral order programmes, if improved, have the potential to become an effective first encounter with the criminal justice system and to impact positively on many first time offenders.