Restorative Justice Model Research Articles

A public health approach for addressing recidivism and addiction using European concepts in Alaska

Abstract Problem Criminal activity attributed to substance misuse is a tremendous challenge to public health and public safety. Over 80% of Alaska's incarcerated population has an addiction disorder. These individuals are 129 times more likely to die of a drug overdose within two weeks after reentry. Nearly 83% will likely be rearrested. This complex problem has a costly impact. In 2017, 25,450 Alaskans were victims of crimes directly attributed to substance misuse for a total cost of over $2.3 billion. Description The Alaska Recidivism Reduction and Recovery Project is a comprehensive intervention addressing the primary risk factors of ongoing criminal activity and substance misuse within an innovative therapeutic campus model and a mobile health platform. The intervention uses a conceptual framework derived from the European Union's Triple-R Model and the Norway Model of Restorative Justice. Living on a therapeutic campus for an average of 6-18 months, formerly incarcerated adults engage in a suite of services designed to transform criminogenic needs. Services also employ an innovative mobile health platform using Oracle's Intelligent Advisor technology. The project aims to increase access to critical community care, improve participants' quality of life, and improve public health and safety by reducing crime related to substance misuse. Results Preliminary results suggest the intervention may significantly improve access to care upon reentry while creating meaningful changes in criminogenic needs. Early indications also suggest substantial cost savings may be achieved. For every 80 successful participants in Alaska, data suggests cost savings and net economic benefits may reach $20 million. Lessons European concepts can be successfully replicated in Alaska to create an impactful intervention addressing criminal recidivism and addiction. Given the correlation between crime and addiction, this practice may provide a critical pathway for improving public health and safety. Key messages European conceptual frameworks can be successfully replicated in Alaska to create a meaningful community-based intervention for reducing criminal recidivism and substance misuse. An innovative intervention in Alaska addressing the primary risk factors of criminal activity and substance misuse demonstrates the potential to achieve significant social impact and cost savings.

‘Communities are not at the periphery, rather they are at the centre of Restorative Justice in BC’: an inquiry into the praxis of Restorative Justice in British Columbia, Canada

ABSTRACT There has been ebbs and flows, since 1982, with the growth of Restorative Justice (RJ) practices in British Columbia (BC), Canada. To date there are more than seventy plus organizations that offers RJ practices in BC. Using in-depth key informant interviews, along with surveys, this research seeks to understand the genesis and praxis of RJ in BC. This study finds that the local community’s involvement was of paramount importance to the growth of restorative justice. Key findings include the contribution of Community Justice Initiative Langley, Community Accountability Programs and SFU’s Centre for Restorative Justice. A number of emergent themes are discussed in the paper that include the role of the written RJ script, and standardization. The findings are significant for a number of reasons, first of all, it reveals the role of community, government and university collaboration. Secondly, emergent themes discussed in this paper illustrate the tensions within RJ praxis in BC where learning and growth are creating new understanding and insight. A detailed analysis on standardization debate and scripted vs non-scripted model of RJ are also discussed. This paper concludes that future research needs to focus on the relationship between restorative justice and Indigenous justice in BC.

The Victims and the Sufficiency of their Rights in the Criminal Justice System

The question of victims’ rights in the criminal proceedings is one of the most discussed question in the sphere of criminal law in the recent years. According to Howard Zehr the restorative justice system is a system that look in a special way on crime, offender and victim. In this connection it should be also said that also Catholic church encourages models of restorative justice that seek to address crime in terms of the harm done to victims and community, not simply as a violation of law. Based on the key idea of restorative justice formulated by Howard Zehr, according to whom restorative justice is primarily a means of addressing the needs of victims of crime, it is undoubtedly possible to assume the central role of the victim within the restorative concept of criminal justice.

The Historical Facts about Hate Crime in America The Social Worker’s Role in Victim Recovery and Community Restoration

Attitudes and belief systems associated with social intolerance and racial bigotry have been part of American society for generations. Analysis of historical records reveals a number of examples of how these social forces have shaped society’s reaction to those they consider to be not part of the mainstream culture. A review of research documented in the literature on social psychology indicates that individuals who hold strong prejudicial beliefs about others based solely on race, religion, sexual orientation, or ancestry often express those feelings in ways that lead to the commission of criminal acts known as hate crimes. The proliferation of hate crime in the United States represents a major social problem that has reached new heights since the 2016 election. The promotion of anti-diversity rhetoric by President Trump and his Republican administration has fueled a stronger, more empowered White nationalist movement in this country whose racist ideology has inspired an uptick in violent attacks against those they consider a threat to the American way of life. Substantial evidence of the rise of bias-related crimes against individuals that are members of racial, ethnic, religious, and sexual minority groups targeted by the administration’s hate campaign can be found in statistics from national surveys that indicate that since the election, the frequency of these type of attacks has more than doubled across the nation. The beating of a Black man at a public rally in Charlottesville, Virginia by White nationalists in August 2017 and the mass shooting that took place at a gay Latino nightclub in Orlando, Florida in 2016 are just two examples of what has become an expanding national trend of hate violence against marginalized groups in our society that are perceived as outsiders. This article presents an analysis of the history of bias-motivated crime in the United States and the national response to this type of criminal behavior. It discusses the psychological and social impact of these crimes on victims, communities, and society. It examines how social workers can implement the intervention techniques of the restorative justice model to help those affected rebuild their lives and communities in the aftermath of crime precipitated by hate.

Reparation policies in Colombia: Memory as a Repertoire

Colombia is one of the countries that has opted for a model of restorative justice to repair the victims of the armed conflict. To accomplish this, it has created a series of reparation laws which involve building scenarios to foster a call for remembrance (duty of memory) and in which the truth can be cleared up. The objective of this study is to provide a discourse analysis of how the notion of memory is constructed within the official reparation policies in Colombia. A discourse analysis of Law 975, Law 1408, and Law 1448 was carried out, using the logic of interpretive repertoires. As a result, it was possible to identify four repertoires: Institutional, Archival, Commemorative, and Reparative. The increasing globalization of reparation policies and the use of memory for the purpose of institutionalization that hinders the possibility of interpreting the past in another way, is discussed.

Basis and Practices of Restorative Justice: The Case of the Ethiopian Criminal Justice System

Purpose of the study: The Ethiopian criminal justice system views crime as an offense against the state. and is not allowed the participation of the victim and the community and also win-loss outcome. Scholars have established the concept of restorative justice which views crime as a violation of the relationship among the victims, offenders and community. Therefore, the purpose of this paper is to assess the legal and institutional basis and practice of restorative justice in Ethiopia. Methodology: This study employs a qualitative research approach and descriptive research design. The population of this study includes the victims, offenders, criminal justice system components and traditional dispute resolver. Data was collected through document review and the interview of five individuals selected through the purposive sampling technique. The collected data was then analyzed thematically. Main Findings: The results show that different governmental institutions such as the house of federation, peace minster, police, court, general attorney, and reconciliation commission have a legal recognition to apply restorative justice values and principles. Meanwhile, traditional conflict resolution mechanisms and alternative dispute resolution mechanisms have defector recognition to resolve criminal cases. Research limitations/implications: The models of restorative justice in Ethiopia entail compromise, withdrawal of charge, probation, pardon, amnesty, plea bargaining, shuttle diplomacy, suspect rehabilitation and reconciliation based on different laws. Therefore, the house of people representative should enact a comprehensive law on restorative justice. The police and general attorney should create awareness about restorative justice. Novelty/Originality of this study: Restorative justice has many benefits, but the concept itself has not been studied in detail. This study is the first of its kind to examine restorative justice in detail in the context of Ethiopia.

Application of Restorative Justice in Corruption Crime Cases as an Effort to Repay State Losses

The Handling of corruption now is indeed more oriented to how to put as many corruptors as possible into a Penitentiary, while corruption itself is still rampant. The deterrent effect which is currently no longer felt by corruption convicts while serving prison sentences and the overflow of prisoners who are no longer sufficient, makes the government move quickly and look for a legal breakthrough related to reducing the level of corruption in Indonesia. The Attorney General's Office of the Republic of Indonesia (RI) as one of the Law Enforcement Officers who have the authority to carry out Corruption Criminal Investigations has issued a Circular Letter for the Deputy Attorney General for Special Crimes (SE Jampidsus) Number: B-765/F/Fd.1/04/2018 dated April 20 2018 concerning the Technical Guidelines for Handling Corruption Case Investigation Stage, which in essence the Investigation must be strived to find the amount of State Financial Losses, which meant the cooperative attitude of the parties involved to recover the financial losses of the State, it can be taken into consideration as a non-continuation of the legal process which certainly takes into account certain limitations (restorative justice). The problem is how to apply the restorative justice model in an effort to recover state losses. The research results obtained are, the application of restorative justice methods conducted by the Republic of Indonesia's Attorney General's Office can be optimally used in handling corruption cases specifically for the recovery of state finances and future expectations related to handling cases of corruption in Indonesia.

Перспективы внедрения в российский уголовный процесс специальных примирительных процедур

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

Seeking justice rooted in truth, reconciliation and forgiveness

ABSTRACT This paper presents an overview of the philosophy and implementation of restorative justice practices, the challenges and accomplishments of which we examine across the arc of the twentieth and emerging twenty-first century. Restorative justice, we argue, is both counterintuitive and pragmatic in its application. We examine truth and reconciliation hearings, intentional peace communities, and other paragons of the restorative justice model from a macroscopic perspective. A case study offers a microscopic lens to the conflict-ridden communities in Chicago, IL, ground zero for the epidemic of handgun violence in the U. S. We conclude with a discussion of what pragmatic hope restorative justice practices might offer to embattled landscapes which stretch from foreign lands to our own communities.

How Surrogate Impact Panels Function in the Context of Intimate Partner Violence: A Mixed-Methods Study

ABSTRACT Intimate partner violence (IPV) continues to be an urgent social problem, despite decades of intervention and prevention efforts. Restorative justice programs (e.g., victim impact panels) may be a useful addition to intimate partner violence (IPV) intervention, but it is unclear how these panels operate and to what extent they are consistent with restorative justice models. This naturalistic study of IPV surrogate impact panels used ethnographic observation of panels (n = 18), archival analysis of audience responses to the panel (N = 287), and focus groups and interviews (k = 4) with IPV survivors, an audience member, and batterer intervention providers to investigate these gaps. Findings suggest the panels manifest interactional processes consistent with restorative justice principles. Implications, limitations, and future aims of research on these panels are discussed.

Application and coherence of the model of restorative justice in Europe

Even in a spirited debate about its effectiveness and sustainability, restorative justice is now considered a new systematic legal proposal. The requirements of this meta-model include a criminal phenomenon through relational and inter-subjective reading, considering the crime in terms of injury to people. Also, they pose considerable attention to the needs of the victim and programme restorative actions on authors of the crime. This approach is sometimes considered difficult to apply. Starting from the legal environment to existing literature, this research investigates the coherence between the meta-theoretical framework of reparative justice and some operational practices implemented in different European countries. With a systematic review of practices considered, it has outlined the state of the art of its application, describing critical issues and strengths, as well as providing important points, to be considered for theorists, professionals and experts involved in the development of alternative models to punishment.
 
 Keywords: Restorative justice, penal justice, offender, victim, review.
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Discipline, punishment, and the moral community of schools

The following article surveys changes to school punishment in the United States over the past century – particularly, the rise of exclusionary methods and the school-to-prison pipeline – to argue that prevailing disciplinary techniques are out of step with the developmental ethos of education and the principles of democratic oversight. To remedy these shortcomings, it offers a defense of schools as moral communities and outlines disciplinary responses grounded in the recognition and respect of the restorative justice model.

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.

The impact of theological foundations of restorative justice for the human rights protections of North Korean stateless women as victims of human trafficking

Restorative justice, with its most prominent characteristic being rebuilding social relationships among victims, perpetrators and the community that was damaged by a crime, has been proposed as an alternative to the traditional retributive justice model to treat criminal acts. Both secular and religious groundings exist for restorative justice, and religious theorists have developed theological groundings for restorative justice based on scripture and other sources. In this article, I will explore how a theologically grounded restorative justice model, focusing on Christopher Marshall’s theological exposition of restorative justice, can contribute to the thought and action of Christians and the larger public in the face of the moral injury caused by human trafficking. I will address how this model can also contribute to social structural change. In my analysis, I will employ a case study of North Korean stateless women who reside in China and who are victims of human trafficking.

Jurisdicción Especial para la Paz: fundamentos teóricos y características de la justicia transicional en Colombia

La Jurisdicción Especial para la Paz (JEP) es el componente principal del Sistema Integral de Verdad, Justicia, Reparación y No Repetición (SIVJRNR) establecido en el Acuerdo Final de Paz. La JEP responde a un modelo de justicia restaurativo que privilegia la verdad y la reparación sobre el castigo, entendido en su tradicional sentido retributivo. Sin embargo, para sus detractores, este modelo de justicia favorece la impunidad y la revictimización. El presente artículo analiza el fundamento teórico de la justicia transicional y el contexto sociopolítico que permitió el surgimiento de la JEP en Colombia. Se concluye que la justicia transicional es un producto histórico que recoge y sistematiza la experiencia de muchos países en momentos de transformación política y que fue adoptado en Colombia ante la imposibilidad de llegar a la paz por la vía militar. Con todo, su éxito dependerá de la transformación de una arraigada cultura jurídica de justicia retributiva.

VICTIM’S INVOLVEMENT MODEL IN CHILDREN LEGAL PROCESS BASED ON LAW NO. 11/2012 ON CHILDREN CRIMINAL JUSTICE SYSTEM

The appearance of the Acts Number 11 the Year 2012 is a new hope for the victims in order to gain their rights. This Act has given a huge opportunity to the victim by means of the concept of restorative justice. For that reason, this work would offer the model of the involved victim which is able implemented by either outside or inside of the judicial system. Firstly, accessibility for the victim in this Act has placed the concept of restorative justice. The model of restorative justice which offered in this Act is the gate for the crime victim who fought for their rights. Restorative justice was essentially stood for in human relation between victim and offender and focused on the impact that caused by crime. Secondly, the term of Diversion is the transfer of resolution for the process of the juvenile case from the judicial system into outside of judicial criminal system. Togetherness for all of the involved groups is better solution in the certain case and togetherness solved problem and created such obligation that would produce better than before. This attempt is in order to seek a solution, reconciliation, and not to revenge for a criminal offence. Thirdly, the involved victim in process of the judicial criminal system is a victim witness. This witness also should possess legal protection and avoid the bad label. The next model is an opportunity for the juvenile victim who would affirm argumentation before the court handing down the verdict.

Conceptualizing restorative justice for people with mental illnesses leaving prison or jail.

Individuals with psychiatric disabilities who are involved in the criminal justice system face a number of challenges to community integration upon release. There is a critical need to develop and evaluate interventions for these individuals that connect them to the community by enhancing naturalistic social connections and helping them to participate meaningfully in valued roles. The purposes of this article are to describe, provide a theoretical rationale, and propose a conceptual model for the use of a particular restorative justice model, circles of support and accountability, to meet this need. We describe the principles of restorative justice (repairing harm, stakeholder involvement, and the transformation of community and governmental roles and relationships) and how these map on to elements of the circles intervention. These elements include a focus on community participation, positive social support, democratic decision making, collective ownership of crime problems, and connection to community-based resources. We then suggest how changes in identity transformation, moral development and motivation, and collective efficacy might mediate relationships between these intervention elements and community integration outcomes. Finally, we encourage the systematic evaluation of the circles intervention for people with mental health conditions leaving custody and provide recommendations for policy and practice. (PsycINFO Database Record (c) 2019 APA, all rights reserved).

Restorative Just Culture: a Study of the Practical and Economic Effects of Implementing Restorative Justice in an NHS Trust

Restorative justice is an approach that aims to replace hurt by healing in the understanding that the perpetrators of pain are also victims of the incident themselves. In 2016, Mersey Care, an NHS community and mental health trust in the Liverpool region, implemented restorative justice (or what it termed a 'Just and Learning Culture') to fundamentally change its responses to incidents, patient harm, and complaints against staff. Although qualitative benefits from this implementation seemed obvious, it was also thought relevant to identify the economic effects of restorative justice. Through interviews with Mersey Care staff and collecting data pertaining to costs, suspensions, and absenteeism, an economic model of restorative justice was created. We found that the introduction of restorative justice has coincided with many qualitative improvements for staff, such as a reduction in suspensions and dismissals, increase in the reporting of adverse events, increase in the number of staff that feel encouraged to seek support and a slowing down of the upward trend in absence due to illness. It also improved staff retention. The economic benefits of restorative justice appear significant. After corrections for inflation, acquisitions and anomalies, we found that the salary costs averaged over two fiscal years were reduced by £ 4 million per year, coinciding with the introduction of a just and learning culture in 2016. In addition, Mersey Care reaped around £ 1 million in saved legal and termination expenses. We conservatively attribute half of these savings to the introduction of a just and learning culture itself, and the other half to non-related factors. Using this assumption, we estimate the total economic benefit of restorative justice in the case of Mersey Care NHS Foundation Trust to be about £ 2.5 million or approximately 1% of the total costs and 2% of the labour costs.

INDONESIAN HUMAN RIGHTS POLITIC IN A RESTORATIVE JUSTICE CONCEPT

<p><em>Although restorative justice model has been discouraged internationally, Indonesia has not formally used it within the judicial system. Therefore, in a way to socialize the model, the author is analyzing the cogency of a restorative theory of Primary Stakeholder proposed by McCold using Social Discipline concept on Indonesian human rights cases: Masykur Abdul Kadir against the Terrorism Act, Abilio Soares against Human Rights Court Law, and former members of Indonesian Communist Party-PKI against the General Election Law. The cases were in line with past actions but were in conflict with constitutional human rights protection, so then decided by the Constitutional Court. It were found that the court had to accomplish the needs of legal and political interests within the same time in a way to protect human rights and social comments were matter as they were driving court decisions of the cases. By this, although Masykur and other Bali Bombs trials had attracted social attentions leading to a high social sentiment to punished perpetrators, his legally constitutional rights that also supported by public opinion alongside government political deed had challenged the application the restorative concept. This was also seen in cases of Soares and former members of Indonesian Communist Party.</em></p>

Are Substance-Use Disorders in the USA a Crime or Crisis? Restorative Justice to Reclaim Voting Rights for Disenfranchised Nonviolent Offenders

There have been conflicting responses from state and federal governments in the USA concerning the penalization of substance use. Some substance users, such as users of crack cocaine, have been harshly criminalized for drug possession in comparison to users of powder cocaine, despite both substances being different forms of the same drug. Furthermore, the government has responded to the contemporary opioid crisis by framing it as a national public health crisis and promoting rehabilitative treatment. The observed disparities concerning the response to substance use in the USA prompts the examination of mass incarceration and subsequent felony disenfranchisement of substance users, which has systematically resulted in social inequalities involving the revocation of voting rights and restrictive criminal records that result in discriminatory and stigmatizing perceptions concerning employment, housing, and education. A brief model for restorative justice is provided inclusive of strategies that social workers can employ to engage in social policy advocacy that supports the reestablishment of voting rights for criminalized substance users.