Restorative Justice Research Articles

What makes restorative justice equitable? “It’s a practice, not a program.”

PurposeThis study facilitated restorative coordinators in co-constructing and proposing solutions to common problems in RJ implementation.Design/methodology/approachThis study used grounded theory to examine barriers to equitable restorative justice (RJ) implementation in the US. Drawing on interviews and focus groups with restorative coordinators, we used a combination of inductive and deductive coding consistent with the grounded theory approach.FindingsCoordinators distinguished between RJ as a top-down, isolated “program” versus RJ as a collaborative “practice” among all stakeholders. Only the latter was equitable, in their view, and required a consistent principal commitment to building and maintaining an inclusive school culture. Participants recommended that teacher and principal preparation provide opportunities to cultivate critical consciousness and participate in RJ practices.Originality/valueExisting research on discipline reform tends to focus on outcomes, such as suspension rates. Instead, participants focused on the reform process, viewing equitable RJ as an ongoing “practice” to improve school culture. Our findings also open new discussions about leadership preparation content and pedagogy: participants called for preparation programs to cultivate critical consciousness and facility with RJ. Lastly, the study’s recruitment and focus group design raise important considerations for future RJ research.

No Peace Without Punishment? Reintegrating Islamic State “Collaborators” in Iraq

Abstract How does variation in the severity of punishment affect public opinion toward the reintegration of former enemy “collaborators” after war? We study this question in the context of Iraq where the Islamic State, an armed rebel group, captured and governed a population of more than five million Iraqi citizens between 2014 and 2017. Building upon extensive fieldwork and interviews in Iraq, we designed a survey experiment that randomly varied the severity of sentences in hypothetical scenarios of civilians who supported the Islamic State in non-violent roles (e.g., cleaners, cooks, and wives of fighters). The experiment allows us to estimate the causal effects of punishment on attitudes toward reintegration. We find that a long prison sentence (fifteen years) does not increase the likelihood of participants’ willingness to allow the reintegration of former collaborators; instead, a noncarceral punishment (community service) has a small but statistically significant positive effect. Our most striking findings show that noncarceral and community-based justice mechanisms can significantly increase the likelihood of successful reintegration after punishment. Fifteen percent of respondents who were initially opposed to the return of former collaborators into their communities said that they would be willing to change their judgment and support reintegration if they were asked to do so by a tribal or religious leader, or if the offender completes a noncarceral rehabilitation program. These findings suggest that noncarceral, restorative, and community-based justice mechanisms may be equally or potentially more effective than long-term incarceration for achieving the objectives of rehabilitation and eventual reintegration of former nonviolent offenders. This Article advances the field of comparative empirical legal scholarship by providing an innovative experimental research design that can be replicated by scholars studying other contexts to help answer important questions about the causal effects of criminal justice policies.

Restorative Justice: Does it Work in the Arab Countries?

This research explores the principles and methods of restorative justice (reconciliation, restoration), the informal system, and their applications in the criminal justice system in Arab countries. It attempts to describe applications and methods of restored justice processes in the criminal justice system in Arab countries. It highlights the importance of tolerance, cooperation, communication, and respectful decision-making in tackling severe criminal behavior. Restorative justice builds relationships, rapprochement, and agreements while adapting to cultural conditions and community demands. It opposes dehumanizing judgments and seeks to compensate for material and emotional losses through compromise and forgiveness.

Conceptualising and enacting pathways to transformative climate justice: examples from the Philippines

Conceptualising and enacting pathways to transformative climate justice: examples from the Philippines

Delegation of Medical Action Authority of Doctors to Nurses in Health Services in Emergency Departments: Empirical Legal

Purpose: This study aims to analyze the implementation of the delegation of authority of medical actions of doctors to nurses in the emergency department and explore the legal responsibility of the delegation of authority of medical actions of doctors to nurses in the emergency department in Indonesia. Theoretical Fremework: Theoretically, this research is expected to contribute intellectually and academically to the enhancement of understanding of healthcare laws for healthcare practitioners, institutional leaders, and to provide a sense of security and protection in carrying out healthcare services functions to the community, especially in the provision of medical procedures at healthcare facilities. Additionally, it is expected to provide practical insights for the goverment, hospital directors, and health departments in order to improve healthcare services to the public and ensure legal protection for healthcare workers in carrying out their professional duties. Method: The type of research method used is empirical legal research. Data primarily obtained from respondents using a list of questions (questionnaire) and direct interviews with the research object. In addition to that, it is also based on legal materials that are relevant to the discussion or problem being researched and other supplementary legal materials that can provide explanations. Results: The delegation of medical action authority from doctors to nurses in healthcare services at emergency rooms is regulated in Article 290 of Law Number 17 of 2023 concerning Health. Medical and healthcare services, consisting of both mandatory delegation. The scope of work delegated through partnership must be clearly and specifically defined in writing within the authority delegation letter and adjusted according to the level of competence of the nurse. The doctor as the delegator and the nurse as the recipient of medical authority there are also responsibilities of the hospital, as well as the central and local governments, especially in meeting the national needs for medical and healthcare personnel. In handling medical dispute cases, law enforcement agencies must prioritize the mechanism of restorative justice. If no agreement is reached, the dispute is then taken over by the professional disciplinary board under the Ministry of Health to determine whether there has been any violation of professional discipline by medical and healthcare personnel. Conclusions: 1) Delegation of authority for doctor’s medical actions to nurses in health services in emergency departments in Indonesia, regulated in Law No. 17 of 2023 concerning Health Article 290, Minister of Health Regulation No. 2052 of 2011 Article 23 and Minister of Health Decree No. HK.01.07-425 of 2020 concerning Nursing Professional Standards; 2) Responsibilities by doctors, nurses, and hospitals regarding the delegation of authority for doctors’ medical actions to nurses in health services in emergency departments must be carried out by laws.

Social Reintegration after the Implementation of Restorative Justice in the Indonesian Criminal Code

The current criminal code has been in force in Indonesia since 1918. Indonesia formulated criminal law reform in 1963 and in 2023, a law on the national criminal code was issued. The spirit of the Indonesian criminal code is reformative, progressive, and responsive to changes to the law. One of the strengths of criminal law is regulating criminal law from the perspective and achievement of justice to repair and restore the situation after the event and judicial process known as restorative justice. The desire to strengthen restorative justice programs takes a long time and is complicated. This research aims to analyze the development of the concept of social reintegration through the application of restorative justice in the criminal justice process. This research was conducted qualitatively using secondary data and doctrinal legal study methods. The results showed that changes in criminal law arrangements caused opinion differences since restorative programs are widely used as a substitute for traditional and retributive approaches. The application of restorative justice in national criminal law must be implemented. Social reintegration in the implementation of restorative justice as regulated in the Criminal Code can be successful through commitment and collaboration between the community, government and law enforcement officials

Apologies, Remorse, and Amends: Empirical Legal Studies Across Domains and Disciplines

The role of apologies in law is offered as an example of a topic that cuts across legal fields, and one that is quintessentially interdisciplinary. Because apologies are an often-desired response in the wake of a wrongful act, they can be significant in many legal settings. Apologies or the lack thereof affect attributions of responsibility and blame, provide information, and alter relationships. Apologies play a role in motivating or forestalling legal action, shape settlement in civilcases, influence punishment in criminal cases, provide alternate or complementary means of accountability, and impact relations among parties to conflict from the interpersonal to the geopolitical. An understanding of apologies is enriched by research conducted by legal scholars, sociologists and psychologists, economists and political scientists, historians and linguists, and criminologists, using methods drawn from each of these fields. This range of empirical research is necessary to successfully develop a better understanding of the desire for, effects of, and limits of apologies across varied legal contexts and the implications for client counseling and legal strategy, for legal reform and systems design, for political decision making, and for procedural, restorative, and transitional justice.

Offender Journeys in Restorative Youth Justice Conferencing: The Overlap Between Restorative Justice and Desistance

ABSTRACT Although restorative justice (RJ) and desistance are theoretically interlinked, less is empirically known about how and why RJ conferencing may support change toward desistance. Drawing on the South Australian Juvenile Justice dataset, I examined how young offenders’ experiences with RJ conferencing coincide or overlap with desistance trajectories. The findings led to establishing the concept of offender journeys, which identified three distinct desistance trajectories through RJ conferencing: (1) optimal journeys, whereby young offenders had a positive experience with RJ conferencing and completely ceased crime, (2) changing journeys, whereby young offenders had a positive experience with RJ conferencing but faced challenges in maintaining a crime-free lie, and (3) difficult journeys, whereby young offenders escalated their offending after RJ conferencing. This finding suggests that youth desistance trajectories through RJ conferencing are more divergent than discussed in the literature, calling for a multifaceted theoretical explanation rather than a single desistance theory.

Justice for Women After Sexual Assault: A Critical Interpretive Synthesis.

Justice after sexual assault is often understood and enacted through the criminal legal system such that the outcomes are binary (i.e., justice is achieved or not achieved). Previous research indicates that survivors have specific wants and needs following an assault in order to experience justice, which may or may not align with current practices. We conducted a critical interpretive synthesis of 5 databases to create a sampling frame of 4,203 records; the final analysis included 81 articles, book chapters, and policy documents. Results indicate that justice is an individualized and dynamic process which may include the experience of voice, connectedness, participating in a process, accountability, and prevention. The experiences of safety and control are central to each of these domains. Survivors may seek and enact these justice domains through several avenues, including the criminal justice and legal systems, restorative justice, medical/mental health spaces, activism, art, and social media. Existing actors within currently available justice systems, including legal, medical, and mental health personnel should encourage survivors to identify and define their own experience of justice, including locating helpful behaviors rooted in safety and control, and resist a binary model of justice. Extant systems should therefore be flexible and accessible to help survivors realize their preferred modes of justice.

Beyond Bars: Transformative Strategies for Reducing Prison Congestion in the United States of America

The United States has an excessive number of incarcerated individuals. The number of incarcerated individuals surpasses 2.3 million, which is greater than any other country. This research analyzes the issue of overcrowding in US jails and presents innovative solutions. The paper commences by elucidating the prison system and the philosophical rationales for both punishing and rehabilitating offenders. The essay subsequently examines the imposition of harsh sentences, the government's "War on Drugs" campaign, flawed bail procedures, insufficient rehabilitation and reintegration initiatives, violations of parole and probation terms, challenges in allocating resources, and the accumulation of legal system delays that contribute to prison overcrowding. This analysis explores the ramifications of overcrowding on both convicts and staff, encompassing aspects such as emotional and physical well-being, safety, and the functioning of the prison system. The study suggests an inclusive approach to this key matter. In order to decrease the likelihood of repeat offenses and facilitate the process of reintegrating individuals into society, it suggests implementing more extensive rehabilitation programs that prioritize education, vocational training, and mental well-being. Additionally, it analyzes the potential for expediting jail construction and circumventing public resistance through the privatization of jails. Furthermore, it suggests the deliberate expansion of jails in order to accommodate a greater number of prisoners. It underscores the importance of implementing strategies to enhance the utilization of resources and the provision of services. Furthermore, it emphasizes the importance of overhauling bail procedures to prevent the incarceration of persons who are unable to afford it, thereby compromising the fundamental premise of presumption of innocence. Furthermore, it suggests the reduction of lengthy incarceration periods, particularly for individuals who have committed nonviolent offenses, while promoting alternative forms of punishment and rehabilitation approaches. Furthermore, it underscores the importance of implementing drug courts and restorative justice practices as a means to prevent incarceration of nonviolent offenders. Additionally, it advocates for the implementation of early release initiatives that give priority to the rehabilitation and reintegration of individuals into society, while also incorporating risk assessment and supervision. Final recommendation: Revise parole violation procedures to prioritize rehabilitation and fairness, rather than resorting to incarceration for offenders. Ultimately, the study highlights the urgency of implementing comprehensive prison reform to tackle the issue of excessive overcrowding and guarantee the humane treatment and rehabilitation of criminals. This research analyzes the issue of jail overcrowding in the United States from multiple viewpoints and suggests numerous effective strategies to decrease the number of people in prisons.

Beyond retributive and restorative justice: In search of mercy with Jordan's Bedouin

AbstractPopular debates about criminal justice reform often pose restorative justice as a humane (if utopian) alternative to retributive justice. Drawing on fieldwork with Jordan's Bedouin, I offer an unvarnished account of a longstanding and still‐vibrant tradition of restorative justice that also includes violent and punitive elements. While acknowledging how Bedouin justice can fail women, the poor and the poorly connected, I highlight how Bedouin justice also cultivates mercy as a social good, transforming enmity into forgiveness (if not friendship) and encouraging perpetrators to materially compensate victims. I conclude by considering how contemporary Jordanian practices of mercy might inform efforts to escape from the seeming inevitability of mass incarceration in modern society.

Exploring the Practice of Victim-Offender Mediation, to Proceed or Retrieve: The Case of Ghana

In contrast to the State-centred perspective, which is based on criminal jurisprudence and holds that crime is committed against the State rather than the victim, the primary party. Victim-Offender Mediation (VOM), also known as restorative justice or transformative justice, aims to resolve some criminal offenses amicably. It appears the State is ignoring the victim's needs, restoration, interests, fears, and desires in order to proceed with the prosecution as it sees fit to settle its disputes in the strict criminal justice system. Outcomes sometimes appears unsatisfactory to victims, offenders, families, and the public. The paper conducts a theoretical and historical examination of VOM from a global as well as a Ghanaian viewpoint. Despite a few minor difficulties, it notes that VOM has been embraced by many states all over the world because the benefits far outweigh the drawbacks. Additionally, it has been noted that Ghana's judicial system supports the use of VOM. In particular, the Courts Act, 1993, the Alternative Dispute Resolution Act, 2010, and the Court- Connected ADR Practice Manual, 2010 call for the encouragement, promotion, and facilitation of amicable settlements of offenses that do not amount to felonies and do not qualify as serious offenses. The practice of VOM in Ghana has not only helped victims receive restorative justice and emotional healing, improving access to justice for the poor and vulnerable, but has also contributed to reducing the load and pressure of cases placed on the courts, which causes the wheel of justice to turn grind slowly. As a result, rather than eliminating VOM in Ghana, efforts must be made to strengthen and institutionalize it.

ЗАРУБІЖНИЙ ДОСВІД СТАНОВЛЕННЯ ТА РОЗВИТКУ ІНСТИТУТУ ПРОБАЦІЇ

The problem of the need to reduce the number of people in prisons, crime prevention, and effective correction of convicts has existed for a long time. In order to solve these issues, probation has been in operation for a long time in many countries of the world, in particular in the countries of the European Union. The rehabilitative aspect of probation deserves special attention: in its application, the main goal is not punishment, but social reintegration into society and correction of convicts. The purpose of the article is to study the foreign experience of the formation and development of the institution of probation as an active and progressive system of execution of punishments. The article used the methods of observation, comparison, generalization, scientific abstraction, and system analysis. Ukraine should take into account the experience of Estonia, Spain, and Portugal in the field of electronic monitoring. This type of probation measure in these countries has already proven its effectiveness, helped to save budget funds (the amount spent on electronic monitoring is much less than the amount of money spent on keeping a person in prison), and also allowed to reduce the number of people who are in prisons. The practical value of the article lies in the study and systematization of foreign experience of criminal legal measures not related to the isolation of offenders from society. The possibility and expediency of borrowing, as well as the introduction of mechanisms of such interaction in the crime prevention system in Ukraine, were analyzed. Foreign experience shows that the introduction of the probation service is an important factor that has a positive impact on society. Restorative justice programs are an effective component of probation services: they have an educational impact on the offender, prevention of repeated offenses, and promotion of social adaptation and reintegration of offenders into society. Key words: foreign experience; institute of probation; offenders; punishment; society; system of execution of punishments.

Building restorative justice in Gampong as a bottom-up legitimisation of the protection of children in conflict with the law in Indonesia: case study in Aceh

Building restorative justice in Gampong as a bottom-up legitimisation of the protection of children in conflict with the law in Indonesia: case study in Aceh

The Efficacy of Restorative Justice Programs in Reducing Recidivism Rates

Purpose: This study sought to assess the efficacy of restorative justice programs in reducing recidivism rates. Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library. Findings: The findings reveal that there exists a contextual and methodological gap relating to restorative justice programs in reducing recidivism rates. Preliminary empirical review revealed that restorative justice interventions were effective in reducing reoffending and promoting positive outcomes for both offenders and victims. Through processes such as victim-offender mediation and family group conferencing, restorative justice provided opportunities for offenders to take responsibility, repair harm, and engage in rehabilitation. While acknowledging variations in effectiveness based on offender characteristics and program implementation, the study highlighted the importance of continued investment in restorative justice initiatives to create a more just and equitable criminal justice system. Unique Contribution to Theory, Practice and Policy: Labeling theory, Social Learning theory and Routine Activities theory may be used to anchor future studies on restorative justice programs in reducing recidivism rates. The study offered recommendations that contributed to theoretical advancements, practical improvements, and policy developments in the field. It emphasized the importance of exploring underlying mechanisms, standardized training for practitioners, and integration of restorative principles into mainstream criminal justice policies. These recommendations were aimed at enhancing the effectiveness and sustainability of restorative justice interventions in promoting positive outcomes for victims, offenders, and communities.

Comparative Study of Restorative Justice Application: Evaluation of the Practise in Indonesia and Scotland

Restorative justice is a growing justice concept being adopted worldwide. The Indonesian National Police and Attorney General have created regulations to ensure legal certainty of its application. However, their implementation has faced a number of impediments. Scotland has been making similar efforts to adopt restorative justice practices. Meanwhile, the implementation of this initiative is supported not just by legislative provisions but also by a thorough action plan. As a result, this study compares Indonesia's progress towards the adoption of restorative justice to Scotland's ongoing efforts in the same arena. This research uses qualitative methodology involving literature review, examination of socio-legal phenomena, and inductive reasoning to draw conclusions. The study's findings show that both Indonesia's police-led conferencing and Scotland's practitioner-led conferencing have advantages and drawbacks. However, Scotland's restorative justice has more involvement in community reconciliation after the conference than Indonesia's pursuit of crime clearance. Furthermore, while both jurisdictions show favourable support in the implementation of restorative justice, Indonesia emphasises macro-level criminal policy and resource conservation, while Scotland emphasises micro-level results like fewer re-offending and victim satisfaction.

Implementasi Hukum Progresif oleh Polri dengan Pendekatan Restorative Justice untuk Mewujudkan Keadilan

Injustice arises as a result of previous judicial regulations. The Indonesia National Police's efforts to reduce this problem are guided by progressive law with a restorative justice approach to achieve justice. Restorative justice is a method of handling criminal behavior carried out jointly by perpetrators, victims, perpetrators' families, community leaders, religious leaders, traditional leaders, or other stakeholders, which focuses on restoring the original situation and achieving a just resolution through peace. It is hoped that the National Police can achieve substantive justice through proportional, professional and intellectual law enforcement that combines scientific and progressive investigative models. This research aims to analyze the Indonesian legal paradigm in terms of the concept of progressive law, the implementation of progressive law by the National Police through restorative justice and the crime resolution mechanism through restorative justice. Deductive writing is used to obtain a thorough and in-depth understanding of the problems discussed, with the type of research being normative juridical which is analytical descriptive.

Restorative justice in healthcare settings: Better outcomes for patients and medical professionals

Current responses to medical negligence insufficiently consider the broader needs of affected stakeholders. We argue that responses to medical negligence should adopt a restorative justice frame. This article recounts the experience of our daughter’s avoidable suffering and subsequent death in the healthcare system. Our experience as victims of medical negligence, and the broader literature on restorative justice, responsive regulation and health care, suggest that non-adversarial alternatives will better address the needs of victims and encourage a restoration in healthcare relationships.

Implementation of Penal Mediation "Tepung Tawar" as Criminal Case Settlement in Palembang, South Sumatra

Legal pluralism in Indonesia makes it a dynamic legal dynamic. Conflict resolution in social relations, whether it is a civil or criminal matter in Indonesian customary society prefers to be resolved by family or deliberation. In the settlement of criminal cases in Palembang, there is a customary tradition known as "tepung Tawar". This dispute resolution ends with "berangkan-angkanan" (binding brotherhood) which indicates that both parties have reached a consensus/agreement. In writing this Community Service article I will discuss the implementation of the customary tradition of "tepung tawar" in Palembang, South Sumatra Province, this activity aims to provide understanding to the community about restorative justice by means of "tepung tawar" as a medium for conflict resolution.

DUAL SANCTIONING OF HATE CRIMES AND HATE SPEECH AS PART OF EXTREMISM IN THE SLOVAK REPUBLIC: CONCEPTUAL, LEGISLATIVE AND PRACTICAL ISSUES

Background: Extremism poses a cross-border social problem, lacking a universally accepted definition. In principle, so-called hate crimes are specific types of criminal offences that cut across all types of extremism. We can even talk about their conceptual overlap. A special category of hate crimes is represented by so-called verbal attacks, known as hate speech, which are considered an abuse of freedom of expression from an international perspective as well as in jurisprudence of the European Court on Human Rights. As a result of such a perception, their criminal sanction comes into consideration. In accordance with the principle of subsidiarity of criminal law repression, another method of sanctioning hate crimes and hate speech is also possible, namely by administrative law. The existence of “multiple legal regulations” on extremism as delict caused a dual sanctioning system of extremism. It leads to application problems in legal practice, for example, an unclear understanding of offences from criminal and administrative perspectives or even the weak possibility of investigating such acts by State power. The main objective of the contribution is to point out the dual legal regulation (criminal and administrative) of the sanctioning of extremism, in particular its special category – hate crimes and hate speech. Moreover, the objective of the contribution is to assess its unclear issues in legal understanding and to identify specific application problems caused by its dual system (criminal and administrative). Special attention is focused on applicable sanctions in both the criminal law area and administrative law areas. At the end, suggestions on how to solve indicated problems are introduced. Methods: The primary sources used for the elaboration of the contribution are scholarly sources (books, studies, scientific papers, etc.), legislative instruments (national and international legislation) and case law (of Slovak national courts and the European Court of Human Rights and the Court of Justice of the European Union). The authors use traditional methods of legal scientific (jurisprudential) research – general scientific methods and special methods of legal science (jurisprudence). The general scientific methods used in the paper are predominantly logical methods, namely, the method of analysis, the method of synthesis, the method of analogy, and the descriptive method. The descriptive method has been used to familiarise the reader with the current legal regulation of extremism. The method of analysis has been used regarding relevant legal provisions and case-laws of courts. The method of synthesis has also been used. The special methods of legal science used here predominantly include methods belonging to a group of interpretative methods, namely, the teleological method, the systematic method and the comparative method. The teleological method has been used to explain the purpose of legislative instruments. The systematic method has been used to classify the relevant applicable law. The comparative method has been used to examine the relationship between legislative perspectives – criminal and administrative. Results and Conclusions: Regarding extremism offences committed in the Slovak Republic, in specific cases, the decision making whether the committed offence is criminal or of an administrative nature depends on the attitude of the person who committed it. In the Slovak Republic, legislative amendments are intended to address the area of extremism offences, but they have not been introduced as final. A new legal regulation of the administrative offences of extremism is envisaged in terms of their definition. A new sanctioning policy of extremism administrative offences by juvenile offenders is also expected. Moreover, the application of probation in case of offences committed by juvenile delinquents in the area of extremism is recommended and preferred. It would highlight the importance of restorative justice, including its strengthening. Probation would allow the court, when sanctioning extremism in the criminal law area, to create a so-called tailor-made sanction, which would strengthen the individualisation of the sanction, the educational purpose of the sanction and the achievement of both the purpose of the sanction and the purpose of the Criminal Code, which is to protect society from criminal offences and their perpetrators. Even the Constitutional Court of the Slovak Republic partially examined the modification of the elements of criminal offences of extremism.