Restorative Policing Research Articles

“The law is the law”: The Malaysian police readiness for the implementation of restorative policing

In Malaysia, restorative justice is a relatively new concept in its criminal justice system and assessing the readiness of police officers in accepting the implementation of restorative justice in the police departments (i.e., restorative policing) is crucial. In this qualitative study, 28 police officers were interviewed regarding their readiness to accept the roles to implement restorative justice through the exploration of three key themes: ownership of crime, police culture, and acceptance of new roles. Our findings indicated that their readiness on the implementation of restorative justice appeared to have patterns which are categorized into cautious, in-the-box, and balanced. The different patterns of readiness provide illumination into implementing restorative policing in Malaysia through the different types of resistance shown. The findings indicate that top-down and bottom-up implementation policies are useful as they can foster shared valued among the police within their departments and the police and the communities.

회복적 경찰활동(회복적 대화 프로그램) 평가 : 사건 담당 수사관을 중심으로

이 연구는 경찰청에서 시범운영한 회복적 경찰활동(회복적 대화 프로그램)을 평가한다. 특히 이 연구는 회복적 대화로 사건을 연계한 사건 담당 수사관을 대상으로 설문조사를 실시하여 이를 분석함으로써 과정평가와 효과평가가 진행되었다. 과정평가 결과는 다음과 같다. 첫째, 회복적 대화 경험과 관련하여, 설문대상자들 모두 1건 내지 2건의 회복적 대화 의뢰 경험을 갖고 있었다. 둘째, 회복적 대화로 진행된 계기와 관련하여, 대다수의 경우는 회복적 대화 담당자(담당경찰관)의 요구 또는 회복적 대화에 적합하다는 사건 담당 수사관의 판단에 의해서였다. 셋째, 회복적 대화 이후 사건 처리와 관련하여, 대다수의 경우 기소 의견으로 사건송치 또는 내사종결로 진행되었다. 반면 일부 사건은 가정보호사건, 훈방 등으로 처리되었다. 넷째, 가·피해자의 회복적 대화 만족도와 관련하여, 대다수 설문대상자들은 가·피해자가 회복적 대화 프로그램에 만족하고 있다고 인식하고 있었다. 다섯째, 회복적 대화 프로그램 필요성과 관련하여, 설문대상자의 다수는 회복적 대화 프로그램의 필요성에 대해 공감하고 있었다. 여섯째, 회복적 대화 프로그램으 로 인한 업무부담과 관련하여, 설문대상자의 다수는 회복적 대화 프로그램으로의 연계가 자신의 업무에 지장을 초래하는 것은 아니라고 인식하고 있었다. 다음으로, 효과평가 결과는 다음과 같다. 첫째, 회복적 대화의 피해회복에 대한 효과성 과 관련하여, 다수의 설문대상자들은 회복적 대화가 기존 수사절차에 비해 피해회복에 효 과적이라고 인식하고 있었다. 둘째, 회복적 대화의 재범방지에 대한 효과성과 관련하여, 다수의 설문대상자들은 회복적 대화가 기존 수사절차에 비해 재범방지에 효과적이라고 생 각하고 있었다. 마지막으로, 회복적 대화 프로그램의 국민신뢰 제고 효과와 관련하여, 대다수의 설문대상자들은 회복적 대화 프로그램이 경찰에 대한 국민의 신뢰를 제고하는 데 도 움이 된다고 생각하고 있었다.

A Study on the Policy Measures for the Activation of Restorative Policing

A Study on the Policy Measures for the Activation of Restorative Policing

회복적 경찰활동에 관한 연구 - 회복적 경찰활동 관련 위법성 및 책임 문제를 중심으로 -

회복적 경찰활동에 관한 연구 - 회복적 경찰활동 관련 위법성 및 책임 문제를 중심으로 -

The Evaluation of Restorative Policing(Restorative Dialogue Program): Focusing on Facilitators

The Evaluation of Restorative Policing(Restorative Dialogue Program): Focusing on Facilitators

Institutionalising restorative justice in the police: key findings from a study of two English police forces

ABSTRACT This paper reports the findings of an empirical research project, exploring ongoing attempts to mainstream restorative justice within two English police forces and examining how the police understood and used restorative justice in practice. The findings suggest that two institutional priorities – to satisfy victims and manage the demand on the police’s time – strongly influenced the interpretation and practice of restorative justice. This created tensions as police officers who facilitated restorative justice processes used their discretion to determine, on a case-by-case basis, how best to balance these institutional goals with the restorative goal of stakeholder empowerment. These findings illustrate how the police can implement abstract concepts in a selective, discretionary manner, and enhances the limited empirical literature that explains how existing priorities and embedded ways of working within criminal justice agencies, shape their understanding and use of restorative justice in practice. Such knowledge is crucial, if we are to help maximise the benefits and minimise the risks of restorative justice and restorative policing. The article also introduces the concept of ‘managed empowerment’ to help explain how the tensions between restorative and institutional goals manifested themselves.

The Performance and Challenges of ‘Restorative Policing’

회복적 경찰활동은 회복적 사법이 추구하는 이념과 실천전략에 근거를 둔 경찰활동의 원칙 또는 철학으로, 지역사회 내 갈등 또는 범죄 발생시 경찰이 피해자와 가해자, 그리고 공동체를 함께 참여시켜 대화와 협의 과정을 통해 범죄로부터 야기된 피해를 회복하고 당사자간관계개선・갈등해결 등을 도모하여 궁극적으로 지역사회의 평온을 유지하고자 하는 경찰활동 패러다임이다. 경찰청은 기존 응보적 사법에 기초한 형사사법 시스템의 한계를 보완하고 공동체에서 발생하는 갈등이나 범죄에 대해 보다 근본적인 해결방안을 모색하기 위해 회복적 경찰활동을도입하였다. 우선 2019년 15개 경찰서를 대상으로 회복적 경찰활동을 시범운영을 실시하였으며, 2020년부터 전국적으로 확대하여 모든 경찰관서에서 회복적 경찰활동을 실시한다는 방침이다. 이에, 이 글에서는 회복적 경찰활동에 대한 이론적 논의와 외국의 운영 사례 등을 살펴보고, 2019년 경찰청에서 시행한 회복적 경찰활동 시범운영 성과를 분석하였다. 나아가, 회복적 경찰활동이 일회성 정책에 그치지 않고 새로운 경찰활동 패러다임으로 정착될 수 있도록하는데 필요한 과제들을 검토하고 개선방안을 모색해 보았다.

벨기에의 회복적 경찰활동 : 플랑드르 지역의 실천을 중심으로

벨기에의 회복적 경찰활동 : 플랑드르 지역의 실천을 중심으로

Restorative policing: concepts, theory and practice

Restorative policing: concepts, theory and practice

Bridging police and communities through relationship: the importance of a theoretical foundation for restorative policing

ABSTRACTVarious models of policing have been studied in the past, but have primarily focused on practice. The current paper applies Llewellyn’s integration of relational theory and restorative justice to the notion of restorative policing. The paper explores how several demographic factors, police organisational support and theoretical constructs associated with relational theory influence the willingness of police officers (n = 296) to engage in practices associated with a restorative approach to policing. The current analytic results evidence relational theory as providing a previously absent and untested theoretical foundation within the discussion of restorative policing.

Exploring recent developments in restorative policing in England and Wales

The evolution of the policing role over the last decade has led to 33 police forces in England and Wales integrating restorative justice practices, in one form or another, into their responses to minor crime committed for the first time by both youths and adults. Most recently, this reform dynamic has been used in response to more serious offences committed by persistent offenders and expanded to include all stages of the criminal justice process. Despite the significant positive rhetoric that surrounds the adoption and use of restorative justice, there are a number of procedural and cultural challenges that pose a threat to the extent to which restorative justice may become embedded within the policing response. This article explores these developments and highlights where potential problems for implementation may arise as well as some strategies to overcome them.

Police restorative approach in the juvenile justice system

Restorative justice is a new, different response to crime, response that offers and tries to establish justice again. Not going into aims, impact and basic principles of restorative justice, as well as into substance of different restorative practices, in this article we will concentrate on restorative interventions that lead to avoidance of the formal justice system. Concretely, we will analyze the role of the police in applying restorative interventions in the juvenile justice system. Particular emphasis will be put on the meaning and the aim of diversion procedures towards juvenile offenders that have committed minor offences and more serious ones for which they come in conflict with the law. In the foreign expert literature the concept of restorative policing is recognized (restorative approach in police conduct), as an attempt to introduce a new reform in performing police affairs. This subject should be approached very carefully and fundamentally, if we want consistent implementation of the new tendency and practices in the juvenile justice systems in accordance with the international standards.

Assessing Reoffending in Restorative Justice Conferences

Restorative justice conferencing, in response to youthful offending, has grown in popularity around the world.While there is now substantial empirical evidence that shows offenders and victims are satisfied with outcomes and perceive the process as generally fair, available data on reoffending have produced mixed results. Uncertainty about how conferencing affects future offending may result from how reoffending is analysed. In this paper, I used survival analysis to reanalyse data from the Bethlehem, Pennsylvania Restorative Policing Experiment and assessed two methodological approaches: a standard comparative approach to examine differences in reoffending between offenders in conference and court and a variation analysis to examine differences in reoffending within conference and court groups. Comparative analyses showed that violent offenders referred to conference were less likely to reoffend compared to violent offenders referred to court. There were no differences in reoffending for property offenders in conference and in court. Variation analyses showed that female offenders attending conferences were less likely to reoffend than male offenders in conferences. There were no differences in reoffending for males and females in court. These results suggest that there is value in comparing the effects of traditional and restorative interventions, as well as assessing how variation within interventions is related to future offending.

An experiment in police‐based restorative justice: the bethlehem (PA) project

This paper presents several of the major findings from an experimental evaluation of a new problem‐oriented policing practice. First‐time moderately serious juvenile offenders were randomly assigned either to formal adjudication or to a diversionary ‘restorative policing’ process called family group conferencing. Police‐based conferencing employs trained police officers to facilitate a meeting attended by juvenile offenders, their victims, and their respective family and friends, to discuss the harm caused by the offender's actions and to develop an agreement to repair the harm. The impact of the program reported in this paper was measured through surveys of victims, offenders, offender's parents and police officers and by examining outcomes of conferences and formal adjudication. Results are related to five concerns raised about restorative policing.

Police reform, restorative justice and restorative policing

When it has not been focused on addressing corruption and allegations of bias, harassment, and brutality, much police reform since the 1960s can be characterized as a slow movement away from the professional model of policing (Kelling and Moore, 1988). Specifically, much of this reform can be seen as an attempt to escape the rigidity associated with the paramilitary organizational structures, and to overcome the limits these bureaucratic structures have imposed on flexible, effective, long-term solutions to crime. A significant focus has also been an effort to promote greater citizen participation and community partnerships in crime resolution and prevention. In essence, a new relationship between police departments and the communities they serve (Skolnick and Bayley, 1986; Bayley, 1994). Such reform has moved along two separate but related problem-oriented and community-oriented policing tracks.

Restorative policing, conferencing andcommunity

This paper describes the experience of a police department with the restorative conferencing process in a fast growing urban/suburban city. We describe how conferencing changed the focus of the police response to juvenile offenders and offered an alternative to court and formal processing that allowed a high proportion of moderate to serious offenders to be supervised in the community as a diversion option. In particular, conferencing became a police tool for increasing community participation in youth crime decision making and a technique for successfully building community capacity to resolve conflict and repair harm without recourse to adversarial intervention.

Restorative policing, conferencing and community

Restorative policing, conferencing and community

Restorative policing in Canada: the royal Canadian mounted police, community justice forums, and the youth criminal justice act

Restorative policing in Canada: the royal Canadian mounted police, community justice forums, and the youth criminal justice act

Police reform, restorative justice and restorative policing

Police reform, restorative justice and restorative policing

Restorative policing in Canada: the royal Canadian mounted police, community justice forums, and the youth criminal justice act

The recent history of restorative justice in Canada highlights the primacy of mediation (Mennonite tradition) and aboriginal peacemaking circles (aboriginal justice). In the mid‐1990s, the Royal Canadian Mounted Police (RCMP) introduced a third model, conferencing from New Zealand via Australia. An overview of the police experience with conferencing, both in the South Pacific and in Canada, is provided. The significance of the new Youth Criminal Justice Act (YCJA), implemented in 2003, to police discretion and restorative justice opportunities is discussed in specific aspects. Some concerns are highlighted, particularly those related to the practice of ‘shaming’ and the connection between shame and violence.