Restorative Justice Framework Research Articles

Through the looking glass: perspectives on an alternative to incarceration by Utah women

ABSTRACT This study explores the research question ‘what can we learn from the narratives of formerly incarcerated women who have participated in an alternative model of justice?’ Six women were interviewed from The Other Side Academy (TOSA) in Utah. Narrative inquiry and journaling were used to document what an alternative to incarceration looked like. Each woman gave a detailed narrative about what their lives looked like before entering the program. Themes that emerged were Doing Time and Dead at the Door. Contrary to the belief that incarceration is rehabilitative the stories these women shared revealed a different outcome. This study found that viable alternatives to incarceration exist and for a small group of Utah women I discovered this to be true. Collectively these women’s shared viewpoints of TOSA exhibited what self-transformation looks like when a restorative justice framework is followed.

Lived experiences of people impacted by gun violence: qualitative analysis of the prescriptions for repair project

BackgroundRestorative justice interventions can help address the harm created by gun violence, although few restorative justice programs focus solely on survivors or loved ones of victims of gun violence. Our...

Legal Protection of Children of Narcotics Abusers with A Restorative Justice Approach

This thesis examines the involvement of children in narcotics crimes. This research aims to examine the suboptimal implementation of the Restorative Justice process for children who are perpetrators of narcotics crimes. The effectiveness of prison sentences for children who abuse narcotics is weakened when the responsibility for their rehabilitation is not borne by law enforcement officials. The problems in this research include two main questions regarding what existing regulations relate to legal protection for children involved in drug abuse and how the application of Restorative Justice methods can improve legal protection for children involved in drug abuse. The research methodology used in this research is normative juridical, with qualitative descriptive data analysis techniques. Research findings show that legal protection for children involved in drug abuse in Indonesia is realized through the implementation of the Juvenile Criminal Justice System Law, the Narcotics Law, and the Child Protection Law. Problem solving for minors involved in drug abuse must be based on the principles of restorative justice, which emphasizes restoration of their original condition, and not imprisonment as a form of retaliation. From the perspective that the incorporation of a restorative justice framework must become an integral part of the criminal justice system, it is important to consider the restorative approach as a new paradigm that offers greater effectiveness compared to the punitive strategies used in dealing with cases of child drug abusers.

Green Restorative Justice: Environmental Enforcement and Justice

Objective: Provides a framework for investigating potential green restorative justice initiatives in Indonesia to address environmental legislation. Time, money, and equity are all preserved in green restorative justice eco-friendly restitution For long-term ecological regulation. Method: This study employs a sociolegal strategy incorporating a green restorative justice framework to address environmental legal issues. After that, we did some conceptual research. Results: Explores the possibility of green restorative justice as an additional approach to resolving environmental issues. There are time and money savings with the green restorative justice method. Another discovery is that when other stakeholders, including the government and the media, oversee these cases, implementing ecosystem greening for guilty corporations may be speedier and more beneficial for society. Conclusion: Explores the possibility of green restorative justice as an additional approach to resolving environmental issues. More expedited, less expensive, and more equitable is the green restorative justice approach. Businesses that are to blame may have ecosystem greening implemented more quickly and to society's benefit with the help of this study to create environmentally friendly enforcement that lasts.

Physician Perspectives on Addressing Anti-Black Racism.

Uncertainty remains among clinicians regarding processes to address and resolve conflict around anti-Black racism. To elicit clinicians' perceptions of their role in addressing concerns about anti-Black racism among Black patients with serious illness as well as their families. In this qualitative study, one-on-one semistructured interviews were conducted with 21 physicians at an academic county hospital between August 1 and October 31, 2022. Participants were provided clinical scenarios where anti-Black racism was a concern of a patient with serious illness. Participants were asked open-ended questions about initial impressions, prior similar experiences, potential strategies to address patients' concerns, and additional resources to support these conversations. A framework based on restorative justice was used to guide qualitative analyses. Perspectives on addressing anti-Black racism as described by physicians. A total of 21 medical subspecialists (mean [SD] age, 44.2 [7.8] years) participated in the study. Most physicians were women (14 [66.7%]), 4 were Asian (19.0%), 3 were Black (14.3%), and 14 were White (66.7%). Participants identified practices that are normalized in clinical settings that may perpetuate and exacerbate perceptions of anti-Black racism. Using provided scenarios and personal experiences, participants were able to describe how Black patients are harmed as a result of these practices. Last, participants identified strategies and resources for addressing Black patients' concerns and facilitating conflict resolution, but they stopped short of promoting personal or team accountability for anti-Black racism. In this qualitative study, physicians identified resources, skills, and processes that partially aligned with a restorative justice framework to address anti-Black racism and facilitate conflict resolution, but did not provide steps for actualizing accountability. Restorative justice and similar processes may provide space within a mediated setting for clinicians to repair harm, provide accountability, and facilitate racial healing.

Green Restorative Justice: Environmental Enforcement and Justice

Objective: Provides a framework for investigating potential green restorative justice initiatives in Indonesia to address environmental legislation. Time, money, and equity are all preserved in green restorative justice eco-friendly restitution For long-term ecological regulation. Method: This study employs a sociolegal strategy incorporating a green restorative justice framework to address environmental legal issues. After that, we did some conceptual research. Results: Explores the possibility of green restorative justice as an additional approach to resolving environmental issues. There are time and money savings with the green restorative justice method. Another discovery is that when other stakeholders, including the government and the media, oversee these cases, implementing ecosystem greening for guilty corporations may be speedier and more beneficial for society. Conclusion: Explores the possibility of green restorative justice as an additional approach to resolving environmental issues. More expedited, less expensive, and more equitable is the green restorative justice approach. Businesses that are to blame may have ecosystem greening implemented more quickly and to society's benefit with the help of this study to create environmentally friendly enforcement that lasts.

Peacemaking Circles: Contributions to the Mental Health of Women Deprived of Liberty

Abstract Background: Incarceration stands as a stark representation of human suffering, significantly impacting the lives of those confined. The specific plight of Women Deprived of Liberty within carceral settings represents an often-overlooked facet of this suffering. The complexities inherent in their experiences within carceral environments emphasize the urgent necessity to address their psychological well-being and alleviate their distress. Objective: Identify the contributions of Peacemaking Circles to the Mental Health of Women Deprived of Liberty who are serving sentences in a closed regime in a women's prison placed in the capital of the state of Bahia, Brazil. Methods: A qualitative study was conducted based on the Restorative Justice framework, following the perspective of author Kay Pranis. Participant observation served as the primary method for data collection. Data analysis was performed using the phenomenological-hermeneutic analysis model. Results: It was possible to identify that the traumatic experience of imprisonment and its social practices systematically threaten the mental health of Women Deprived of Liberty. On the other hand, was also possible to identify that Peacemaking Circles works as instruments that allow the symbolization of the experience of suffering and contribute to strengthening hope for the future and mitigating the effects of social determinants of health. Conclusion: Peacemaking Circles promote the mental health of Women Deprived of Liberty, as they allow the symbolization of the experience of suffering, have a pedagogical effect, contribute to strengthening hope and autonomy, and also promote actions aimed at mitigating the effects of social determinants of health. Keywords: Restorative Justice, Mental Health, Women Deprived of Liberty, Peacemaking Circles , Qualitative study.

The Unlocking Emphaty Through Restorative Justice: A Mediation to Healing Theft

Theft, a prevalent property crime in society, serves as the focal point of this research. The study aims to investigate and evaluate the efforts, challenges, and potential solutions in addressing common theft crimes by employing a restorative justice approach. The author employs a sociological-legal approach as the research methodology. The findings of this research indicate that the resolution of theft-related criminal offenses through a restorative justice framework is feasible when both the offender and victim willingly participate in the process with the objective of achieving reconciliation and preventing recurrence of criminal behavior (recidivism). To address this, it is suggested that the responsibility for mediating the process should be entrusted to the offender and the victim, with a focus on safeguarding the rights and well-being of both parties. In addition, community involvement is emphasized, along with stringent oversight to ensure the effective implementation of the resolution process.

Denaturalizing cruelty: Maixabel Lasa, victim and peacemaker, in Zubiak (Jon Sistiaga and Alfonso Cortés-Cavanillas 2019) and Maixabel (Iciar Bollaín 2021)

Within Basque society there exists a special subset of human beings, painful I–You binomials, forever linked through blood, by the lethal terrorist gun. Fortunately, today victims face a much more hospitable society, but it is still a moment rife with contradiction. One part of Basque society finds it difficult to imagine a shared collective memory that will faithfully reflect the excesses committed by Euskadi ta Askatasuna (ETA) and the Spanish state regarding human rights abuses. These misgivings are easily understood when some still debate the humanity of the victims themselves. Another part of Basque (and Spanish) society questions the political intent of restorative practices, of those experiences that bring victims and victimizers together within the framework of restorative justice, a political stance that, like in the first case, highlights the need to humanize the Other in the name of peace. The creative world of the arts, more specifically, the films studied in this article, move in a different direction and beg the question: if the processes of restorative justice are uniquely designed to be experienced in a triangulated scenario – one shared by victim, victimizer, and the dead – what might these conversations offer a society in need of better models of co-existence when put on the screen? Can art mediate?

Restorative Justice Framework for Underage Drug Abusers to Face Long-Term and Societal Challenges

Restorative Justice Framework for Underage Drug Abusers to Face Long-Term and Societal Challenges

Legal Reconstruction of the Regulations for Stopping the Prosecution of Narcotic Addicts within the Framework of Restorative Justice Based on Justice Value

This research consists of 2 (two) main issues, namely the Weaknesses of Regulations on the Cessation of Prosecution of Narcotics Addicts in the Framework of Restorative Justice and Efforts to reconstruct regulations on stopping the prosecution of narcotics addicts within the framework of restorative justice based on values of justice. This type of research is descriptive analysis, using a sociological legal research approach. Sociological juridical research, namely legal research using legal principles and principles in reviewing, viewing, and analyzing problems, in the study, in addition to reviewing the implementation of law in practice. Research Result Shows that the weaknesses mentioned by the author is in the legal substance: the prosecutor's authority to stop prosecution that is not based on restorative justice, there are still many narcotics addicts who end up with prison sentences. Then legal structure: there is no consensus on restorative justice among members or law enforcement officials. And, in legal culture: when the prosecutor indicted and in his charge used Article 127, the judge dominantly gave a prison sentence, as if he did not care that the defendant was also a victim of the crime he had committed. To overcome this, a legal reconstruction is needed in Article 140 Paragraph (2) of the Criminal Procedure Code by adding the termination of prosecution by the prosecutor as the controller of the case with the concept of restorative justice. Reconstruction of article 111 of Law No. 35 of 2009 concerning Narcotics by adding rehabilitation sanctions for narcotics addicts as an option for legal certainty and the effectiveness of sanctions in the field.

Toward Self-Determination in the U.S. Territories: The Restorative Justice Implications of Rejecting the Insular Cases

Conservatives and liberals alike are increasingly calling for condemnation of the Insular Cases—a series of U.S. Supreme Court cases from the early 1900s, in which the Court developed the doctrine of territorial incorporation to license the United States’ indefinite holding of overseas colonial possessions. In March 2021, members of the U.S. House of Representatives introduced House Resolution 279, which declares that the Insular Cases should be rejected as having no place in U.S. constitutional law. Moreover, in 2022, Justice Gorsuch called for the Supreme Court to squarely overrule the cases. For many, rejecting the Insular Cases is a long-overdue reckoning for U.S. colonialism. Nonetheless, some representatives and scholars from the U.S. territories have raised concerns about potential implications for existing local laws in the territories. Many of these local laws protect Indigenous territorial peoples from further colonial harms. If the proposed bill or Supreme Court’s overruling of the cases functioned to extend the U.S. Constitution in full to the territories, these laws may be found invalid under current constitutional jurisprudence. This Article employs a contextual framework for Indigenous peoples to explore the nuanced restorative-justice implications of rejecting the Insular Cases. It emphasizes the varying perspectives of Indigenous peoples of the present-day U.S. territories, who would be most impacted by the measure. Finally, flowing from this restorative justice framework, this Article demands that any resolution to the Insular Cases forward the human rights principle of self-determination for Indigenous peoples—not mere equality.

Non-timber forest products as livelihood restoration in forest conservation: A restorative justice approach

The restoration of the livelihood of forest-based communities is an important element of forest conservation. In this study, we developed a framework of restorative justice to critically evaluate the fairness and equity of the management of non-timber forest products (NTFPs), which is often considered an important means of livelihood restoration in forest conservation. The framework, consisting of three tenets—recognitional, procedural, and distributive justice—was applied to an ethnographic study conducted in the Greater Khingan Range—a key site of forest conservation in China. The findings reveal that attempts to commercialize and use NTFPs have failed to achieve restorative justice. From the perspective of recognition justice, which concerns the different viewpoints being considered in decision-making, there is an imbalance in representation—higher-level government's preferences for certain action result in the creation of political projects, even though they are not likely to succeed, whereas local, bottom-up NTFP projects are ignored and under-supported by the government. From the procedural perspective, the lack of engagement of experts and participation of public undermines the quality of NTFP projects and the implementation of NTFP management policies. From the distribution perspective, the opportunities to gain benefits from NTFP projects are not equally distributed between state-owned forestry enterprise (SOFE) workers and non-workers. These findings show that it is important to incorporate fairness and equity issues considerations in the design and evaluation of NTFP projects, and our restorative justice framework provides an analytical basis to do so.

Restorative Justice and the School-to-Prison Pipeline: A Conceptual Framework to Address Racial and Ethnic Disproportionality

AbstractThis article develops a restorative justice framework that aims to address racial and ethnic disproportionality in the school-to-prison pipeline (STPP) in the United States. The framework uses literature on restorative justice and the STPP as its foundation and applies a restorative justice approach to three major strategies related to racial and ethnic disproportionality in the STPP: (1) school climate and school–student relationship, (2) a school’s cultural humility and connectedness, and (3) exclusionary discipline reduction. The first strategy proposes the development of respectful and credible relationships among teachers, staff, and students. The second suggests two techniques: (1) self-reflection to address implicit biases among teachers/administrators and (2) parental involvement. Both the first and the second strategies are considered prevention strategies. The third strategy uses techniques of intervention, including peer mediation, restorative circles, and community service, as alternative punishments. This framework theorizes that a focus on these three major strategies will challenge institutional racism in schools as a determinant of the disciplinary inequity that students of color experience. This framework further theorizes that addressing institutional racism through these specific interrelated strategies will result in three major outcomes that can decrease racial and ethnic disproportionality in the STPP.

Handling of children by diversion in children protection (Diversion and Restorative Justice)

The best treatment for children who should be lived, with the best interests for the sustainability of human life. In handling criminal cases, the restorative justice approach provides different views and approaches to studying and dealing with a criminal act for the handling of restorative justice, that criminal acts are essentially from the viewpoint of criminal law in general, namely attacks on individuals and society as well as community relations. In restorative justice, it can also be found that the features of the formulation of justice are related to rights, judged by results. This meaning has brought a paradigm shift in understanding the concept of providing justice that is in the criminal justice system, it’s said that because in the concept of the criminal justice system in general, justice is considered to have been achieved, the value of the perpetrator can be sanctioned by the state and the victim doesn’t have a place in the settlement process, meanwhile. In the concept of a framework of restorative justice, perpetrators of criminal acts, victims and the whole community are involved in resolving criminal acts directly and focusing on recovery suffered by victims, while the state functions as a facilitator in the process of resolving criminal acts.

The new international restorative justice framework: reviewing three years of progress and efforts to promote access to services and cultural change

The new international restorative justice framework: reviewing three years of progress and efforts to promote access to services and cultural change

Using Children's Picturebooks to Facilitate Restorative Justice Discussion

AbstractTo positively influence students’ behavior and social relationships in the school and community settings, teachers can support students during early interventions and active conversations. Conversations held during class time that use picturebooks and restorative practice activities can be an appropriate way to support student learning and engagement. Lessons and activities can be implemented through any subject and integrated into classroom discussions to support students’ relationships, personal growth, well‐being, and behaviors. Incorporating discussions surrounding picturebooks with specific messages relating to social skills or situations in the classroom or community can support a restorative justice framework. The authors present ideas and activities relating to using picturebooks while upholding a restorative environment.

Restoring Mathematics Identities of Black Learners: A Curricular Approach

Black learners are subject to systemic physical, symbolic, and epistemological violence in mathematics classrooms. Such violence has negative ramifications for Black children’s mathematics learning and identity development. The authors argue that space should be made within the mathematics classroom to repair the harm caused by this violence. This article describes an identity-based curriculum, Mathematics for Justice, Identity, and meta-Cognition (or MaJIC), that provides a form of mathematics therapy through a restorative justice framework. The Silhouette Activity is highlighted as one approach that allows Black mathematics learners to engage in a restorative process of writing and drawing the internal and external messages they receive as mathematics doers and knowers.

Corporate Remediation of Human Rights Violations: A Restorative Justice Framework

In the absence of effective judicial remediation mechanisms after business-related human rights violations, companies themselves are expected to establish remediation procedures for affected victims and communities. This is a challenge for both companies and victims since comprehensive company-based grievance mechanisms (CGM) are currently missing. In this paper, we explore how companies can provide effective remediation after human rights violations. Accordingly, we critically assess two different approaches to conflict resolution, alternative dispute resolution (ADR) and restorative justice (RJ), for their potential to provide dialogue-based, non-judicial remediation. We argue that remedy through agreement-driven ADR mechanisms risks marginalizing the interests and concerns of victims and affected community members, particularly in weak institutional contexts. Hence, we develop a dialogue-driven framework for corporate remediation of human rights violations grounded on RJ principles. This restorative framework provides a comprehensive CGM that focuses on the harms and needs of victims and aims at restoring justice through restorative dialogue. Based on a prompt discovery and a thorough investigation of the grievance, companies should design and prepare the remediation process together with victims, offenders and affected community members. Through restorative dialogue with the affected parties about the circumstances and impacts of the wrongdoing, companies can repair the harm, regain legitimacy amongst stakeholders as well as transform their business practices to avoid future human rights violations.

A New Model of the Criminal Justice Process: Victims’ Rights as Advancing Penal Parsimony and Moderation

In common law jurisdictions theoretical models of the criminal process were developed to enable a greater understanding of the values and forces behind this process. This article discusses victim engagement in the process with a particular look at their contribution to punitiveness during the prosecution and court proceedings. It argues that although existing models remain useful, a complementary model should be added that accounts for recent victim-initiatives, as well as empirical knowledge in the area of victim participation. This model posits that victim participation does not necessarily advance punitiveness and when advancing non-punitive aims, it does not necessarily operate within a restorative justice framework. The proposed model conceives victim participation as contributing to penal parsimony and moderation in criminal proceedings.