Thesis (M.A. (Criminology)) - Simon Fraser University, 2004. / Theses (School of Criminology) / Simon Fraser University. Includes bibliographical references.

This inquiry explores experiences and interpretations of transformation within the arena of Restorative Justice. Qualitatively guided by a descriptive-exploratory design this study employed a mixed ethnographic-phenomenological methodology. This allowed emic and etic perspectives and an unfolding- reflexive (Merleau-Ponty, 1962) research approach to be documented. Although recent research has investigated Restorative Justice from the perspective of theory and practice, I am unaware of any systematic investigations into individual lived experiences of transformation contextualized theoretically (Wolcott, 1994) within Wilber’s (2000a) Integral theory and Jung’s (Vol. 8, 1953-1979) Transcendent Function. Moreover, although some researchers have explored the relationship between Jungian and Integral theories (Harris, 2002), I am unaware of any empirical research that combines these within a conceptual framework. The conceptual framework of this study initiated conceptualization of an Integral Model of Transformation that holistically accounts for individuals’ change processes as it is inclusive of psychological, behavioural, sociological and cultural contexts. Findings have also been disseminated into an Integral Model of Evaluation for Restorative Justice program and processes (see Moore, 2003). In addition, this research initiative informed development of a model of implementation of Restorative Justice in mainstream schools (2001A), as well as a new approach to multi-cultural counselling using Restorative Justice as a conceptual framework (see Moore, 200IB). Thus, this study contributed to knowledge of counselling psychology related to theories of change for individuals living in the aftermath of conflict and crime as well as the application of theory into practice. The fourteen participants in this study were adults involved in Restorative Justice through a variety of roles including those of victims of harm, convicted offenders and community activists. In-depth, semi-structured interviews were conducted in order to discover participants’ interpretations of transformation and lived experiences with Restorative Justice. Data collection also was facilitated via in-depth immersion in the field over a thirty-month period. My participant-observer role and reflexivity was managed through field notes, research journals and documentation with creative arts. Analysis, interpretation and synthesis of the data had several phases. Content Analysis was used to assess interview data through first level coding, pattern coding and memoing. Interpretation of initial analyses was then contextualized within Jungian and Integral theories. Finally, interpretation of findings culminated in a creative synthesis of insights. Findings indicate that five grand themes influenced change processes for participants: satisfaction of basic human needs; existential concerns; interconnectedness and shared humanity; Transformational Justice and power relationships; and transpersonal experiencing. These themes combined with the interpretation of findings using Jungian and Integral theories together formed a proposed Integral Model of Transformation in the arena of Restorative Justice. Findings confirm a consistent pattern of change in the arena of Restorative Justice for victims, offenders and community activists, that at the same time reflected the unique contexts of each individual’s life. This was a process of transformation from a fractured-constricted sense of life to a synthesized balance manifest as a perception of self as belonging in an interdependent world. / Graduate

Some legal practitioners may disagree with the idea of a restorative criminal justice system as a better solution than retributive one. Can a criminal justice system provide justice for all while concurrently reducing the use of imprisonment? Is it possible to keep the community safe, punish and correct offenders, and reduce crime rate while reducing the use of imprisonment as deterrence? The criminal justice system is in place to do justice to victims, the state and the offender. Justice is not just for the state and the victim with exclusion of the offender. If it were so there would be no need for re-integration. Canada has a growing restorative justice system; this system brings to light the possibility of implementation of restorative element in an existing retributive system to produce a workable hybrid. This thesis seeks to explore these possibilities. Although this does not imply that the Canadian criminal justice system is perfect, quite the contrary it is a work in progress. However, this is an attribute that Nigeria and many other common law countries can learn from and emulate. This paper explains how. / February 2017

Thesis (M.A.) - Simon Fraser University, 2005. / Theses (School of Criminology) / Simon Fraser University. Also issued in digital format and available on the World Wide Web.

The theory of reintegrative shaming (Braithwaite, 1989) and circle sentencing program are examples of restorative justice initiatives. Restorative justice is part of a movement towards alternatives to the formal justice system based on retributive principles. Hypotheses based on Braithwaite's (1989) theory of reintegrative shaming were analyzed through data on the circle sentencing program in the Yukon Territory (Canada). Circle sentencing was introduced in 1992 primarily for sentencing First Nation (Aboriginal) offenders. Secondary data were collected on the outcome for 164 offenders and 10 communities who were involved between 1992 and 1997. Recidivism data were collected on offender contacts with the justice system for three years following initial circle sentencing. Fifty-three percent of offenders were convicted of further crimes. Recidivism increased to 68% when criminal charges and/or days incarcerated were included. Interdependency characteristics of offenders were predictor variables: age; gender; marital status; educational level; and employment status. Interdependency criterion variables were: 1) number of convictions (multiple regression); and 2) offender's status either as reintegrated or stigmatized (logistic regression). Communitarianism predictor variables were: urbanization (size of population) and mobility (population change and mobility). The criterion variable was average crime between 1994 to 1999). Combined interdependency and communitarianism predictor variables were also compared with the number of convictions. None of the regression models were found to be significant. Therefore, Braithwaite's (1989) theory did not describe the circle sentencing program as practiced in the Yukon. Limitations of the application of theory may include: 1) lack of opportunities and resources for offenders; 2) alcohol use by 95% of the population; 3) inadequate follow-up and support; 4) failure to adequately shame (accountability); and 5) historical and cultural damage. Community participation in planning initiatives would ensure innovations reflected community needs. Additional explanations could be the unique characteristics of the Yukon communities, especially with high levels of population mobility and population changes. / Thesis (Ph. D.)--University of Hawaii at Manoa, 2003. / Mode of access: World Wide Web. / Includes bibliographical references (leaves 136-149). / Electronic reproduction. / Also available by subscription via World Wide Web / xv, 149 leaves leaves, bound 29 cm

Thesis (Ph. D.)--University of Hawaii at Manoa, 2003. / Includes bibliographical references (leaves 136-149).

Thesis (M. Soc. Sc.)--University of Hong Kong, 2000. / Includes bibliographical references (leaves 60-65).

Thesis (M.Soc.Sc.)--University of Hong Kong, 2000. / Includes bibliographical references (leaves 60-65) Also available in print.

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.

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