Restorative Justice Practices Research Articles

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.

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.

“It’s Not Like I Wanted Him Kicked Off the Football Team”: Alternative Approaches to Justice and Campus Sexual Assault

Current Title IX policy focuses strictly on adjudication and punishment for sexual assault on college campuses. Yet, the possibility of alternative forms of justice has long been a point of debate, with recent policy changes allowing for university choice in the application of transformative and restorative justice practices. The following study, using qualitative interviews with 23 student survivors from two universities, finds that student survivors of campus sexual assault were not focused on punishment as a remedy for their victimization. Instead, students discussed a desire to be heard, have their victimization recognized, and the creation of survivor-centered resources focused on healing and resiliency. Opportunities for alternative forms of justice that increase healing and help seeking among student survivors are discussed.

Exploring the genesis & praxis of Restorative Justice in Alberta, Canada

ABSTRACT Alberta is located in Western Canada, and is bordered by British Columbia to the west, and Saskatchewan to the east. The province has a history of employing restorative justice practices that date back many years. Today, Alberta has many restorative justice platforms operating across the province. The present study sought to uncover the genesis of restorative justice in Alberta, and specifically, what has contributed to the growth of restorative justice in this province. To do this, we conducted a qualitative study, in which we interviewed 13 Key Informants from across Alberta. Responses to the question of what contributed to the growth of restorative justice in Alberta were coded and analyzed. The findings of this study are categorized into three major themes: Community, Justice System, and Government. Each of these themes explores several topics, such as community engagement and the push from grassroots organizations, the role of courts, RCMP, judges, and other leaders in the justice system, as well as government funding and programming. This presentation also explores the ‘restorativeness’ of specialized courts such as the Calgary Indigenous Court; a topic that is becoming especially important in recent years. This paper ends with limitations and areas for future research.

Adolescent male friendships 28 years later: adult criminal offences and domestic/intimate partner violence

Adult arrest records were examined for a cohort of 150 public high school males named as friends by classmates 28 years earlier. The overall adult arrest rate was 35.3%. The arrest rate for males with at least one disciplinary referral was 59.2%. Friendship data were divided into offender–offender, offender–non-offender and non-offender–non-offender dyads. The proportion of offender–offender dyads was four times greater than offender–non-offender dyads, both for those with and without disciplinary referrals. These results are interpreted as indications of the possible influence of high school friends on adult offences. Arrests were disproportionally for violent offences against females among those who shared high school friendships. An interpretation that negative attitudes, emotions and behaviour toward females formed during activities with friends in high school, leading to a trajectory of violence towards women, is presented. Recommendations are made for interventions for adolescent male anger towards females to prevent adult domestic and intimate partner violence. Suggested interventions include anger management, school violence prevention, dating violence prevention and youth mentoring programmes. Also recommended is to change punitive school policies that bring students with behaviour problems together to opportunities for positive experiences, such as through organised activities, volunteer service in the community and restorative justice practices.

The spaces for restorative justice practices in a forensic inpatient mental health hospital: a thematic analysis of group case supervision.

The spaces for restorative justice practices in a forensic inpatient mental health hospital: a thematic analysis of group case supervision.

Restorative justice in safeguarding adults with hate crime and discriminatory abuse: exploring the evidence

PurposeThe purpose of this paper is to consider what safeguarding responses to discriminatory abuse and hate crime might learn from existing research on restorative justice and to drive practice development based on available evidence.Design/methodology/approachThis paper is based on a scoping review of literature using four academic databases and reference harvesting. This comprised a critical appraisal of 30 articles, which were thematically analysed to appreciate the benefits and challenges of restorative justice responses to hate crime and how this might inform safeguarding responses to discriminatory abuse and hate crime.FindingsThe analysis identifies four domains where learning can be drawn. These relate to theory on restorative justice; restorative justice practices; perspectives from lived experience of restorative justice and hate crime; and an appraisal of critiques about restorative justice.Originality/valueThis paper connects the emerging evidence on restorative criminal justice responses to hate crime to the “turn” towards strengths-based practices in adult safeguarding. Although this provides a fertile environment for embedding restorative practices, the authors argue certain precautions are required based on evidence from existing research on hate crime and restorative justice.

Reconceptualization of Restorative Justice in The Attorney General's Office of The Republic of Indonesia

Purpose: This article examines the regulatory framework and practical application of restorative justice by the Indonesian Prosecutor's Office. The adoption of restorative justice in Indonesia has been delayed by the legalistic and formalistic nature of the Indonesian Criminal Procedure. Theoretical framework: To address this issue, an Attorney General Regulation has been put in place to oversee and regulate restorative justice practices. Nevertheless, there are still uncertainties regarding the alignment between the Prosecutor's Office's restorative justice concept and its fundamental nature. Methods: This study uses a normative legal methodology to conduct qualitative research. The research indicates that the Prosecutor's Regulations on Restorative Justice are inherently linked to Indonesia's historical framework of law enforcement. Results and Conclusion: Consequently, prosecutors continue to handle minor instances, such as those involving Grandma Minah and Grandpa Samirin, much to the public's discontent. In Indonesia, this is evident in the high concentration of prisons. Research implications: According to this research, there should not be a connection between restorative justice and the resolution of a case. Restorative justice is distinct from the prosecutor's ability to dismiss a case based on the availability of options. Restorative justice aims to reinstate the "initial condition" and safeguard victims. Originality/value: This redirects the emphasis of restorative justice from halting the case to reinstating it. Restorative justice is a criminal framework that enables prosecutors to pursue alternative forms of prosecution and employ non-incarceration penalties. Prosecutors can utilize restorative justice both before and after the legal process, as well as during the legal process.

Prosecutorial Power: Ending Prosecutions Through Restorative Justice Principles

This data article delves into the evolving landscape of criminal law enforcement through the lens of prosecutors' authority to terminate prosecutions using restorative justice principles. Utilizing a normative research approach, it scrutinizes Attorney General Regulation Number 15 of 2020 on Termination of Prosecution Based on Restorative Justice alongside statutory regulations Number 11 of 2021 and the concept of restorative justice itself. The study reveals that prosecutors indeed possess the power to end prosecutions when cases are resolved outside the courtroom, as evidenced by the issuance of the Decree on Termination of Prosecution (SKPP). This approach, rooted in article 35 paragraph (1) letters c and J of the Republic of Indonesia Prosecutor's Law, signifies a delegation of authority from the Attorney General to the Public Prosecutor. These findings emphasize the compatibility of restorative justice practices with the fundamental objectives of criminal law enforcement.
 Highlights:
 
 Prosecutor's Authority: Prosecutors have the authority to discontinue prosecution based on restorative justice principles.
 Out-of-Court Settlement: SKPP is issued after out-of-court settlement of criminal cases through restorative justice mechanisms.
 Legal Basis: The legal basis for such action is the Indonesian Prosecutor Law Article 35 paragraph (1) letter c and J, which confirms the delegation of authority from the Attorney General to the Public Prosecutor.
 
 Keywords: Termination of Prosecution, Criminal, Restorative Justice

Enhancing Educational Equality: A Comprehensive Analysis of the Implementation and Impact of Restorative Justice Practices on Mitigating Racial Disparities in School Discipline Within Urban Public Schools in the United States

This research explores the implementation and impact of restorative justice practices in addressing racial disparities in school discipline within U.S. urban public schools. The study delves into the challenges, successes, and recommendations for sustainable change in policy and practice. Theoretical frameworks and case studies are employed to analyze the influence of restorative justice on school climate, student well-being, and academic outcomes. Identified challenges include resource limitations, resistance to change, inadequate training models, and time constraints. Recommendations encompass policy adjustments, professional development initiatives, continuous evaluation, community partnerships, integration with mental health support, and addressing cultural sensitivity.

Program Providers’ Perceptions of Restorative and Transformative Justice in the Context of Domestic Violence Offender Treatment in North Carolina

ABSTRACT Restorative justice (RJ) and other innovative approaches are increasingly being considered in lieu of traditional legal responses to intimate partner violence (IPV) perpetration. This formative qualitative study investigated the perspectives of 29 North Carolina-based domestic violence intervention program (DVIP) providers, domestic violence service program providers, and North Carolina Coalition Against Domestic Violence staff members regarding RJ and transformative justice (TJ) in the context of DVIP programming. Participants had mixed opinions about integrating RJ and TJ practices into current offender treatment and cited structural and organizational barriers to adoption. Simultaneously, they emphasized the cruciality of expanding inter-organizational networks and uncoupling offender treatment from the legal system. Participants cited increased inter-organizational cooperation and community involvement as critical steps in modifying offender treatment to include more restorative principles. Policies and institutional practices that endorse RJ and TJ may improve the effectiveness and transformational capability of offender treatment and increase healing for survivors.

Restorative Justice in a No Excuses Charter School

Restorative justice practices are an increasingly popular approach to behavioral management, rooted in relationships rather than the behaviorist approach of many traditional forms of schooling. Research on restorative practice implementation demonstrates that schools rarely have time to consider cultural change, as they rush to reduce suspensions and discipline gaps. Presumably, this mismatch between culture and practice would be even more pronounced in a no-excuses charter, but this presumption warrants inquiry. Framed by theories of institutional logics, the current study examines an historically no-excuses charter school’s shift toward restorative justice. We find that a behaviorist, “no-excuses” logic inhibits teachers and administrators from embracing the cultural and ideological foundations of restorative justice, even as they express ideological and intellectual commitment to the shift in practices. We close with implications for school leadership and restorative justice implementation.

Embracing uncertainty: A narrative case study on teacher-learner relationships through restorative justice practices in education

Embracing uncertainty: A narrative case study on teacher-learner relationships through restorative justice practices in education

The ambiguous practice of restorative justice

The ambiguous practice of restorative justice

Alliance-building for equity and justice: An inter-organizational perspective

Cultivating alliances between specific sectors or fields with unrealized synergies is a promising strategy for systems change. Social network analysis is a useful tool for assessing whether such alliances build relationships between these previously disparate organizations. Two waves of valued network data were collected from the members (N = 25) of a justice system reform coalition composed of two types of community-based organizations: those involved in restorative justice practice and those involved in grassroots community organizing. Social network homophily analyses were employed to characterize the impact of alliance participation on relationships over time across three domains: working together, doing impactful work together, and sharing a philosophy about justice system reform. Results indicate marked increases in the prevalence of relationships between restorative justice and community organizing organizations across all domains, with the greatest increases occurring in perceptions of shared philosophy. Network structures at each time point differed by relational domain and organization type. Findings suggest that the alliance strengthened relationships between restorative justice and community organizing organizations, particularly in perceptions of shared philosophy, but that the magnitude of these changes varied depending on pre-existing interorganizational relationships and organization type. Findings challenge the idea that close working relationships between diverse members is critical to coalition effectiveness, pointing instead to the value of ambidextrous networks and alignment in members’ philosophy and vision.

Adoption of the Restorative Criminal Justice System in India

The Restorative Criminal Justice System (RCJS) is gaining traction globally as an alternative approach to traditional punitive justice systems. This paper explores the potential and challenges associated with adopting the RCJS in the Indian context. It examines the historical and cultural factors influencing the current criminal justice system in India, identifies the principles of restorative justice, and evaluates its applicability to the Indian legal framework. The paper also discusses pilot programs and initiatives in India that have experimented with restorative justice practices and provide insights into the outcomes and challenges faced. Through an analysis of existing literature, legal precedents, and case studies, the paper aims to contribute to the discourse on the potential benefits and obstacles in integrating restorative justice into the Indian criminal justice system.

There are Different Suns: Learning, Restorative History, and Finding Ground

ABSTRACT This article draws on my time as a classroom teacher and my experience as a museum educator affiliated with the Center for Restorative History to argue for learning that centers relationships over education that centers measurement. The world we live in is shaped by a logic that prioritizes categorization, regulation, and metrics measured against a western liberal ideal. Restorative history, building on practices of peacemaking and restorative justice, offers maps to different ways to be together and think about the world. Places and moments of learning informed by critical pedagogy are the ground on which we can use restorative history practices to build a different world that centers relationship building, mending, and maintaining right relations.

Penerapan Keadilan Restoratif Pada Tindak Pidana Ringan di Kejaksaan Negeri Yogyakarta

Restorative justice practices are used to resolve criminal cases with minor or minor losses that do not have to be resolved through court but can be resolved at the Police and Prosecutor's Office stages. The resolution of the case can be carried out in a fair and balanced manner for the victim and the perpetrator, which is achieved through restorative justice by prioritizing restoration to its original state and improving community relations. Based on this, this article will discuss further the application of restorative justice to minor crimes at the Yogyakarta District Prosecutor's Office. This research uses a normative empirical method which refers to secondary data originating from the law and primary data originating from interviews with informants. The data processing process is carried out systematically and logically and processed in order to get a concise picture. Based on the research results, it can be concluded that the failure factor in implementing restorative justice at the Yogyakarta Police or Police level is caused by the parties attending the mediation meeting, but not proposing and/or not responding to the results of the agreement, one of the parties violating the agreement and community factors that have not removed the stigma of crime. what the perpetrator did. The resolution of minor crimes through restorative justice at the Yogyakarta District Prosecutor's Office is carried out with peace efforts by the Public Prosecutor so that an agreement is reached between the suspect and the victim.

Hungarian vs. American mediators and how to make communities more resilient

Restorative justice practices are used in a wide array of criminal offence cases globally as it puts the need of victims and the community at the centre of the proceedings and focuses on repair and rehabilitation rather than judgement and punishment. This study focuses on the different experiences of mediators in Hungary and in Bloomington, Indiana, United States. Two local government offices in Hungary and a non-profit organization, called Community Justice and Mediation Center (CJAM) were selected for this study. Six Hungarian and five American mediators from the local government offices and CJAM were interviewed in person and online. Analyzing the interviews, we find that there are fundamental differences between the definitions, legislation, and the practices used in the two jurisdictions. The training of mediators is found to be similar in both countries but the way restorative practices are used is different. The system in Bloomington allows the process to be more flexible whilst in Hungary, the high caseloads and strict timeframes of the prosecutor’s office demand that cases be very quick and efficient. This is likely the reason why at CJAM, co-mediation is the norm, with at least two but sometimes three or four facilitators working on a case, while in Hungary co-mediation only happens in the most complex cases. However, it is apparent that the goal of mediation and restorative justice meetings is the same in both Hungary and Bloomington: to repair the harms and to help build a better community.

“He went from being a monster to a person:” Using narrative analysis to explore how victim-offender dialogue (VOD) participants transform through the VOD process

Restorative justice practices such as victim-offender dialogue (VOD) have gained traction in the past few decades as routes towards healing amidst high incarceration and recidivism rates and growing public dissatisfaction with punitive carceral structures. However, little work has sought to understand the nuanced experiences of those who engage in VOD processes, in their own words. In this manuscript, we use narrative analytic methods to explore how a dyad involved in VOD process—the individual who engaged in a crime, and a mother and daughter impacted by this crime—transformed over the course of the process (before, 2 weeks after, and 6 months after the dialogue). We found that, for the participating dyad, engaging in the VOD process cracked open the humanity of the other through the vehicles of religion and forgiveness. Our findings echo—and expand—prior work on “forgiveness” in RJ processes, and suggest the need for future research which explores the nuanced role of religion in VOD. Finally, we advocate for the expansion of facilitated dialogue processes as a process with the potential to catalyze individual and community healing.