Community-based Restorative Justice Research Articles

Human Rights, Human Duties: Making a Rights-based Case for Community-based Restorative Justice

Human Rights, Human Duties: Making a Rights-based Case for Community-based Restorative Justice

Promoting Youth Competence Through Balanced and Restorative Justice: A Community-Based PYD Approach

As responses to first-time, nonviolent juvenile offenders move towards community-based restorative justice, approaches such as the Balanced and Restorative Justice (BARJ) Model are prominent. The BARJ Model engages the youth offender, offense victim(s), and community in which the offense occurred with three associated goals: accountability, community safety, and competency development. However, while the goals of accountability and community safety are often prioritized, many community-based restorative justice programs neglect the goal of competency development, which is ultimately a disservice not only to the youth offender, but to the community. To interrupt the cyclical nature of juvenile offending and support the long-term rehabilitation of the youth offender, the integration of the BARJ model and a positive youth development (PYD) approach within the context of community-based restorative justice is proposed. PYD is grounded in the belief that all youth have the potential for healthy development, viewing them as assets and resources in community settings. To enhance long-term development, PYD objectives simultaneously promote protective factors, develop internal and external assets, and mitigate risk factors. The integration of a PYD approach within the BARJ model addresses the need to enhance youth competency development through PYD indicators inherent to many community-based programs. This article explores the conceptual compatibility of integration of the BARJ model and a PYD approach with the goal of promoting competency development among youth offenders in a restorative justice context.

Tackling Crime and Paramilitary Violence: Present Day Challenges for Community-based Restorative Justice Projects

Tackling Crime and Paramilitary Violence: Present Day Challenges for Community-based Restorative Justice Projects

Remembering the children: decolonizing community-based restorative justice for Indian Residential Schools

This article argues for community-based justice to confront the atrocities of residential schools in Canada. After considering the strengths of community-based restorative justice (CBRJ) in relation to state-sponsored transitional justice responses, I examine a case study of the Remembering the Children Society (RCS), an Indigenous church partnership, that has worked to commemorate children who lost their lives at the Red Deer Industrial School. The RCS engages in a decolonizing form of CBRJ by placing primacy on Indigenous cultures through (1) feasts and ceremonies, (2) freeing the spirits of children who died, (3) the centrality of elders, and (4) Aboriginal spirituality and world views on ‘working together’. The centrality of cultures contributes to decolonization through (1) cultural resistance in the face of assimilation, (2) the healing power of cultural resurgence, (3) the development of mutually honoring partnerships, and (4) the telling of decolonizing truths. In conclusion, I consider the broader impacts of the RCS in helping transform official narratives about residential schools.

Gendering Demilitarisation and Justice in Northern Ireland

Research Highlights and Abstract This article: Exposes how masculinised accounts of conflict transformational processes in Northern Ireland have distorted the historical record of the region's on-going transition from violent conflict. Assesses the theoretical and practical effects of de-gendering the analysis of conflict transformational processes in the region. Provides an empirical study of women's hidden contribution to the reduction of levels of paramilitary violence in ethnically divided, working-class communities in the region. Utilises focus group data to develop a gender-sensitive reading of community justice, security and peace. The 1998 Peace Agreement in Northern Ireland provoked local-level processes of demilitarisation that focused on developing community-based restorative justice practices to replace paramilitary forms of justice. These schemes were viewed as important aspects of the broader process of conflict transformation in the region. The dominant narrative surrounding the development of these new justice forms framed them as an outcome of the efforts of ex-combatant men. This article contests this narrative and examines women's contribution to the development of CBRJ in Northern Ireland. Using data from focus groups, the article exposes the consequences of displacing women in conflict transformational analysis. Additionally, it explores how women's articulation of their conflict transformational practices engenders a critical reframing of key terms in conflict transformational narratives including peace, security, and justice. This exploration reinforces wider feminist claims that any analysis of conflict transformational processes that displaces gender is both conceptually and politically problematic.

Reconciliation in a Community-Based Restorative Justice Intervention

Truth and Reconciliation Commissions (TRCs) are among the primary means for promoting reconciliation in communities recovering from violent conflict. However, there is a lack of consensus about what reconciliation means or how it is best achieved. In a qualitative study of the first TRC in the U.S., this research interviewed victims of racial violence who participated in the Greensboro Truth and Reconciliation Commission (GTRC), a community-based restorative justice intervention. Findings reveal that participants conceptualized reconciliation as a multileveled process, that different concepts of reconciliation influenced assessments of the success and limitations of the GTRC, and indicate how community-based restorative interventions can be improved to contribute to reconciliation in a local setting.

Socio-Demographic Variables Predicting Formal vs. Informal Juvenile Justice System Handling and Associated Outcomes

This analysis compares and contrasts first-time juvenile offenders enrolled in a community-based balanced and restorative justice program whose cases were processed either informally or formally. The study examines contributors to both levels of processing and re-offending. This study examines how family characteristics are associated specifically with level of processing, which are unique attributes compared with juvenile justice studies in the literature. Multivariate predictors of formal levels of processing were age, gender, race, type of offense, marital status of biological parents, and the number of children in the home. Analyses also found that almost twice as many youth who were formally processed were recidivists at 1 year as compared to youth who were informally processed. No significant difference was found in regards to rates of recidivism at 3 years.

Community-Based Restorative Justice in Northern Ireland: A Neo-Traditionalist Paradigm?

This article critically assesses the scholarly representation of community-based restorative justice (CBRJ) schemes in Northern Ireland. These schemes, which emerged in working-class areas following the republican and loyalist ceasefires of the 1990s, have been the subject of intense political debate and a growing body of academic literature. I argue that the academic depiction of the schemes in republican areas ignores the substantial progress made by revisionist political scientists and historians in understanding Provisional republicanism. By failing to take that research into account, CBRJ scholars are in danger of not simply promoting vague, de-contextualised policy prescriptions, but of actively reproducing republican understandings of political developments.

A Bottom-Up Approach to Transformative Justice in Northern Ireland

This article explores community-based restorative justice projects run by political ex-prisoners and former combatants in Northern Ireland, initiatives which are dealing with everyday crime and conflict in local communities in a period of transition. It is argued that restorative justice can act as a facilitator, both for individuals within the community and between communities and the state, when violence-supporting norms are expected to be replaced by nonviolent approaches to conflict and its resolution. The article also argues for a greater role for criminological approaches to crime, punishment and justice within transitions, recognising the strengths of criminology to address underlying causes of continued violence in postconflict settings. In particular, this article investigates attempts by these initiatives to build bridges between historically estranged communities and the police, and argues for the possibility of restorative justice becoming a catalyst for transformative justice during times of rapid social change.

Persistence and desistance: Examining the impact of re-integrative shaming to ethics in Taiwan juvenile hackers

The Internet community has been addressing the unethical behavior of juvenile delinquents for years. Nevertheless, the concepts of hacker shame and ethics have received little empirical study from a theoretical perspective in the field of cyber criminology. Braithwaite's re-integrative Shaming Theory posits that it can restrain individuals from committing future offenses, and that those who participate in this shaming process are less likely to consider breaking the law in the first place. Among the abundance of criminological theories, the re-integrative Shaming Theory may be the most suitable theory to restrain hacker activities. This study focuses on the working relationship between nine juvenile delinquents and the shaming mechanism applied to them. However, applying this approach to reduce recidivism among computer hackers requires a great deal of time and effort. It is proposed that the state of shame or remorse is associated with the compounded affective processes of hacker ethics. The proposed solution creates a code of ethics for hackers, distinguishes right from wrong, and ensures a greater success for Braithwaite's re-integrative shaming methods. This paper discusses the problems and solutions related to the Shaming Theory, as well as their usefulness in the context of community-based restorative justice. It is argued that re-integrative shaming, without appropriate consideration for the offender's personal code of ethics, is insufficient when handling hacking offenses committed by juveniles. Our main concern is to find out how to help or encourage the offender's reintegration and re-entering into the community, and how s/he can avoid failure. It is hoped that our proposed strategy can prevent future offending behaviors by these juveniles. Implications drawn from the findings are discussed, and suggestions are offered to ensure the success of this theory when applied to juvenile hackers.

From Paramilitaries to Peacemakers: The Gender Dynamics of Community-Based Restorative Justice in Northern Ireland

Community-based restorative justice (CBRJ) schemes emerged in Northern Ireland during the ‘peace process’ to provide an alternative to paramilitary systems of justice. These initiatives have received considerable academic attention. A complex and critical literature has now emerged in this area; however, extant explorations of CBRJ have tended to sideline issues of gender power. Feminists and international bodies, such as the United Nations, have highlighted the importance of addressing historical gendered inequities in terms of the design and evaluation of conflict transformation initiatives. Drawing on contemporary feminist frameworks this article exposes the importance of the category of gender in evaluations of CBRJ in Northern Ireland. Moreover, it scrutinises the theoretical processes through which issues of gender power have been filtered out of evaluations of community-based restorative justice schemes in the region.

Community-Based Justice in Northern Ireland and South Africa

South Africa and Northern Ireland have experienced bitter ethnonational conflicts in which the transition to a peaceful political settlement has been characterized by crime and violence. In the case of Northern Ireland, this transition is still ongoing. This article examines the alternative policing and informal justice mechanisms, which have developed in the townships of South Africa and within the working-class districts of Northern Ireland. These mechanisms offer the inhabitants of such areas instant redress and retributive justice. This article is also concerned with the community-based restorative justice projects, which have been established in certain areas within both countries and examines whether such projects have an impact on vigilante attacks in South Africa and paramilitary “punishments” in Northern Ireland.

A Study of Volunteers in Community-Based Restorative Justice Programs

Community-based restorative justice (RJ) programs rely heavily on volunteers to perform a range of duties, including facilitating case conferences. We surveyed 76 volunteers from 12 RJ programs throughout British Columbia, Canada, in order to (1) identify the characteristics of volunteers, (2) document their involvement in RJ, (3) measure their motivations to volunteer, (4) explore the skills they perceive to be useful, (5) document the training they receive, and (6) determine the factors that influence satisfaction with their roles. This study was guided by a conceptual model of the RJ volunteer process. We found that RJ volunteers comprise primarily older Caucasian women. Volunteers were mostly recruited by word of mouth and were motivated by their commitment to RJ ideals. Although they brought a wealth of skills and qualifications, volunteers were trained in order to provide a range of services to programs. Finally, volunteers were generally satisfied with their roles in RJ programs. These findings have implications for volunteer recruitment, training, and retention.

The Exclusion–Inclusion Spectrum in State and Community Response to Sex Offenders in Anglo-American and European Jurisdictions

Continental European and Anglo-American jurisdictions differ with regard to criminal justice and community responses to sex offenders on an exclusion-inclusion spectrum ranging from community protection measures on one end to therapeutic programs in the middle and restorative justice measures on the other end. In the United States, populist pressure has resulted in a community protection approach exemplified by sex offender registration, community notification, and civil commitment of violent sexual predators. Although the United Kingdom and Canada have followed, albeit more cautiously, the American trend to adopt exclusionist community protection measures, these countries have significant community-based restorative justice initiatives, such as Circles of Support and Accountability. Although sex offender crises have recently occurred in continental Europe, a long-standing tradition of the medicalization of deviance, along with the existence of social structural buffers against the influence of victim-driven populist penal movements, has thus far limited the spread of formal community protection responses.

Expanding a Community’s Justice Response to Sex Crimes Through Advocacy, Prosecutorial, and Public Health Collaboration

Problems in criminal justice system response to date-acquaintance rape and nonpenetration sexual offenses include (a) they are markers of a sexual offending career, yet are viewed as minor; (b) perpetrators are not held accountable in ways that reduce reoffense; and (c) criminal justice response disappoints and traumatizes victims. To address these problems, a collaboration of victim services, prosecutors, legal scholars, and public health professionals are implementing and evaluating RESTORE, a victim-driven, community-based restorative justice program for selected sex crimes. RESTORE prepares survivors, responsible persons (offenders), and both parties' families and friends for face-to-face dialogue to identify the harm and develop a redress plan. The program then monitors the offender's compliance for 12 months. The article summarizes empirical data on problems in criminal justice response, defines restorative justice models, and examines outcome. Then the RESTORE program processes and goals are described. The article highlights community collaboration in building and sustaining this program.

Restorative Justice for Sexual Violence

Problems in criminal justice system response to date and acquaintance rape, and the nonpenetration sexual offenses are identified: (1) these crimes are often markers of a career of sexual offense, yet they are widely viewed as minor; (2) perpetrators of these crimes are now held accountable in ways that reduce their future threat of sex offending; and (3) current criminal justice response to these crimes disappoints and traumatizes victims and families. In response to these identified problems, we are implementing and evaluating RESTORE, an innovative victim-driven, community-based restorative justice program. Restorative justice views crime as harm for which the person responsible must be held accountable in meaningful ways. RESTORE uses a community conference to involve the victim, offender, and both parties' family and friends in a face-to-face dialogue directed at identifying the harm, and developing a plan for repair, rehabilitation, and reintegration into the community.

“This is How We Did It”: One Canadian First Nation Community's Efforts to Achieve Aboriginal Justice

The current proliferation of community-based Aboriginal restorative justice programmes in Canada cannot be understood solely as the direct expression of Aboriginal Peoples asserting their right to self-determination, or the result of the Canadian government's appropriation, compartmentalization and administration of restorative justice. To explain the ambiguous state of Aboriginal justice in Canada, and to illuminate government and community responses to these Aboriginal justice initiatives, we offer a case study of one such initiative in Canim Lake, British Columbia. Through interviews, the Canim Lake Band and their supporters tell of the development and implementation of a Family Violence Programme, which we (re)present as a process-oriented story of community ownership, community development and community/government relationship building. Their example suggests that justice on Aboriginal terms can be realized provided that the solutions to crime and justice issues are community-generated and that political will is not limited by narrow interpretations of government policy.