Restorative Programs Research Articles

Victim and Offender Ratings of Mediations and Restorative Justice Conferences: Findings from a Danish Randomized Controlled Trial

ABSTRACT This article presents initial survey findings from the first randomized controlled trial to compare two forms of restorative justice. Cases referred to the Danish police’s restorative justice program (konfliktråd) were randomly allocated to either victim-offender mediation (n = 101) or a restorative justice conference (n = 99), and follow-up surveys were sent to victims and offenders 1 and 6 months after all convened meetings. Based on responses from 135 victims and 121 offenders, we explore group differences for four measures capturing participants’ overall assessments of the fairness of their meeting, the extent to which it repaired harm, helped them move on, and was an overall success. Analyses revealed generally positive ratings for all outcomes and both interventions, with some decreases observed over time. For offenders, no significant differences emerged between the experimental conditions for any outcomes, whereas victims assessed mediations significantly more positively than conferences for overall success and harm repair at 6 months. While these findings fail to support our theoretical hypothesis that conferences would be rated more favorably for all outcomes, respondents’ positive assessments of both meeting types generally support the use of both mediation and conferencing methods, offering new insights for future research and practice.

CONFLITOS DE INTERESSES: UMA ANÁLISE HISTÓRICA DAS PRÁTICAS DE PUNIÇÃO E MEDIAÇÃO

This article investigates the historical evolution of punishment and mediation practices, focusing on the Brazilian context. Starting from the premise that conflict resolution should go beyond punishment, it seeks to explore alternatives that promote reparation and the reintegration of offenders into society. Human dignity, as discussed by Guedes (2018), is considered a central principle in justice practices, highlighting criticism of the traditional punitive system, as analyzed by Foucault (2013). Contemporary examples of mediation, such as peace circles and restorative justice programs implemented in Brazil, are examined in light of Lima's (2017) contributions and relevant legislation. The study concludes that implementing restorative practices represents a viable path toward building a more inclusive and humane justice system, capable of promoting social peace and respect for the dignity of all involved.

Barriers and Facilitators to Implementing Restorative Justice in Nebraska

ABSTRACTAlthough the codification of restorative justice processes has increased in the United States, the implementation of these processes has been limited and piecemeal. This article considers barriers and facilitators of implementing restorative justice programs in the context of juvenile justice, from the perspective of individuals tasked with implementation in Nebraska—a state with a robust community mediation system providing restorative justice processes. We interviewed 11 persons currently or formerly employed by community mediation centers in Nebraska in positions coordinating restorative justice programs. Interviewees represented all six Nebraska mediation centers. Using thematic analysis, we identified themes for both barriers and facilitators for implementing restorative justice programs throughout the state. The barriers to implementing restorative justice reflected six distinct, but sometimes overlapping, themes: awareness of restorative justice; attitudes about restorative justice; lack of necessary resources; process issues; lack of trust in “the system” or centers; and policy barriers. The analysis also identified eight distinct themes associated with facilitators of restorative justice: support from a “champion”; outreach efforts; trust and relationship building; demonstrating that restorative justice is effective; collaboration; maintaining necessary funding; local community‐driven implementation; and state government‐driven implementation. We consider the implications of these findings for the implementation of restorative justice processes in Nebraska and beyond.

Legislative Challenges of Application of Restorative Justice Practices in The Criminal Courts of Iraq

Restorative justice does not only aim to impose harsher punishment on criminals and defend the victims’ justice, but rather it works in a balanced manner to distribute roles between the victim and the accused in order to restore the damage that befell the victim and those around him. It also works to hold the offender responsible for this according to the order of the Imam. Society. The Economic and Social Council in Vienna stipulated in 2002 that the criminal case should be transferred to restorative justice institutions before being considered by the criminal court. The question raised here are: What are the legal challenges that hinder the application of restorative justice in the Iraqi criminal courts? To answer this question, and through collecting opinions and decisions, it is noted that conciliation is the only form taken by the Iraqi criminal courts as an aspect of restorative justice. However, it faces many challenges that prevent the judge from expanding to cover a large number of crimes, the most important of which are the inflexibility of legal texts and the inflation in Punitive legislation and the failure of laws to keep pace with developments. Added to these challenges are existing laws that focus largely on custodial penalties and restrict the possibility of applying restorative justice. Also, social and cultural norms, such as tribal customs, play a role in out-of-court reconciliation, requiring updating laws to align with these norms and further strengthening the application of restorative justice within the Iraqi judicial system. In short, Iraqi laws are still insufficient to effectively implement restorative justice programs, and criminal mediation has not yet been provided for, despite its importance and actual practice by Iraqi society in resolving disputes.

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...

Restorative justice for adult offenders in South Australia: judicial perspectives and insights

ABSTRACT Restorative justice seeks to address harms arising from criminal conduct, with a focus that extends beyond punishment. While Australia has embraced restorative justice practices for young and Aboriginal and Torres Strait Islander offenders, programs for adult offenders have been comparatively slow to progress. Despite the reliance on judicial officers as the primary referral mechanism, there is limited research examining their views of restorative justice, particularly in the context of adult offenders. This paper presents the findings from a survey and interviews with judicial officers in one Australian jurisdiction: South Australia. There was clear support for restorative justice measures for adult offenders for a broad range of offences. Some concerns were raised with respect to victims’ safety, and the additional time and resources that restorative justice expends. Overall, the study found that the judicial officers who participated would welcome the introduction of a restorative justice program for adult offenders. With this support, and the potential benefits of restorative justice for victims, offenders, and the community, South Australia should consider extending its restorative justice offerings to adult offenders.

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

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

ЗАРУБІЖНИЙ ДОСВІД СТАНОВЛЕННЯ ТА РОЗВИТКУ ІНСТИТУТУ ПРОБАЦІЇ

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

The Efficacy of Restorative Justice Programs in Reducing Recidivism Rates

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

Reforming Criminal Justice: Evaluating the Efficacy of Restorative Justice Practices in Reducing Recidivism Rates

Restorative justice practices have gained traction as alternative approaches to traditional punitive measures within criminal justice systems worldwide. This paper seeks to evaluate the efficacy of restorative justice practices in reducing recidivism rates. Through a comprehensive review of existing literature, empirical studies, and case analyses, we examine the impact of restorative justice programs on recidivism outcomes among offenders. By comparing recidivism rates between participants in restorative justice interventions and those subjected to conventional punitive measures, we aim to assess the relative effectiveness of restorative justice in preventing repeat offenses. Furthermore, we explore the underlying mechanisms and processes through which restorative justice principles, such as victim-offender mediation, restitution, and community involvement, contribute to positive outcomes in reducing recidivism. Insights from this evaluation can inform policymakers, practitioners, and stakeholders in the criminal justice system about the potential benefits and challenges of implementing restorative justice approaches as part of broader reform efforts aimed at reducing recidivism and promoting rehabilitation.

The Four Horsemen of Antiracist School Leadership: A Communication Guide to Bridge Racial Conflict in School Relationships

Principals are critical for disrupting systems that bar racially diverse students from learning opportunities and belonging in schools. Issues of inequity due to systemic racism have been ongoing and politically heightened in the United States as the nation navigates racial tensions within school systems. Research on antiracist school leadership has resulted in important, timely, and relevant frameworks for practice and popular strategies and programs, including courageous conversation and restorative justice programs. However, the process of how to practice antiracist leadership remains difficult and elusive in the translation of theory to praxis. Particularly, principals are rarely trained to develop healthy communication styles and effective conflict resolution skills, especially in conversations about racism. Borrowing from the field of counseling, this article details Gottman’s Four Horsemen model of conflict and their resolutions at the interpersonal level. This article frames the model within school contexts for principals to practice and empower their communication skills around race when setting antiracist and equitable school agendas. Recognizing the Four Horsemen and practicing the antidotes to conflicts are important skills for principals to effectively engage in difficult, contentious, and often emotional conversations around racism and its impacts on racially diverse students. Recommendations for principals and preparation programs are provided.

Moral Injury in K-12 Education: A Phenomenological Inquiry at the Intersection of Race and Class

This study is a phenomenological exploration of moral injury among K-12 professionals who work in schools in which the large majority of students are students of color and are eligible for free or reduced lunch. All participants worked in one urban school district in the Midwest of the United States. Professionals identified harsh discipline practices, insincere restorative justice programs, deceptive use of outcome data, and a pitying approach to the education of low-income students of color as morally injurious practices. The paper ends with recommendations for how the construct of moral injury can be useful in identifying and confronting sources of educational injustice.

A review of restorative justice programmes for First Nations Peoples in Queensland

ABSTRACT This paper reports on the development and implementation of restorative justice policy and practice for First Nations Peoples in Queensland. Using diverse public source materials to produce a summary history and assessment of the Queensland experience, the study found that restorative justice can provide an appropriate response to crime within First Nations communities, but that programmes have had limited application and utilisation to-date. The findings suggest that programmes must involve First Nations Peoples in programme design and delivery, while addressing the systemic disadvantages faced by these communities through a substantial increase in government investment. The study identified the need for increased application of restorative justice and enhanced research on programme outcomes; acknowledging the need to increase attention to victims’ needs and experiences. The paper also recognised the need for more First Nations led research to explore how restorative justice programmes can be enhanced to improve outcomes for First Nations Peoples.

Repairing the harm caused by arrest: A mixed-methods evaluation of a restorative justice diversion program

Abstract Research has yet to establish whether restorative justice can rebuild relationships between communities and the police. The current study examines a novel diversion program centred around police officer and arrestee restorative justice conferences. The two-year evaluation uses interviews with police officers and arrestees and surveys of arrestees to assess participants’ perceptions of the program and each other. Both groups were satisfied with the program and highly supported its continuation. Participants recognized the feelings or situations of others and humanized them. Both groups reported intentions to change their behaviours in future encounters, with officers intending to improve communication and arrestees discussing avoidance. Arrestees maintained neutral or somewhat positive perceptions of police. Arrestees in the second year had more positive perceptions of legitimacy, police interactions, and procedural justice than protesters arrested in year one. The results suggest that conferences could be a promising approach for agencies seeking to rebuild strained police–community relations.

Restorative Justice in The Shadow of Terrorism: Child Rehabilitation or the Illusion of Judgment?

Objective: This study delves further into the application of restorative justice to the problems faced by young people in Indonesia who have been exposed to terrorism. Restorative justice is advocated as a feasible approach for addressing this complex issue because of its focus on restoration and readjustment. Methods: This subject is affected by legal norms and philosophy. The constraints of restorative justice and the necessity for stakeholder engagement limit its potential advantages in combating juvenile terrorism. Results: This research shows that restorative justice is part of a broader approach to prevent youth radicalization, including effective education, quick intervention, and support for at-risk families and communities. This research also emphasizes the necessity for legal, educational, family, and community involvement with teen terrorists. Restorative justice programs work best when they are part of a larger plan that identifies at-risk individuals, intervenes on their behalf, and supports their families and communities, according to the research. Conclusion: This research examines restorative justice for Indonesian teenage terrorists. Restorative justice's emphasis on rehabilitation and reintegration makes it useful for rehabilitating teen terrorists. The idea allows victims and community members a say in decisions.

Juridical Analysis of Criminal Act Handling Based on Restorative Justice in Resolving Attempted Murder Cases (Research Study at Lingga Resort Police)

This thesis is entitled Juridical Analysis of Handling Criminal Acts Based on Restorative Justice in Resolving Cases of Attempted Murder (Research Study at the Lingga Resort Police). The formulation of the problem is how the law is regulated and also how it is implemented, obstacles and efforts to overcome obstacles in handling criminal acts based on restorative justice in solving the attempted murder case. The aim is to find out legal regulations and their implementation, obstacles and efforts to overcome them. This research uses empirical (field) legal research and normative legal (literature) research. Using research methods consisting of 2 forms. Namely normative law or doctrine and empirical or sociological law. The normative is through applicable articles and the empirical is through interviews. The results of research on resolving criminal acts using a restorative justice approach aim to resolve conflicts that occur between perpetrators and victims and avoid negative effects arising from the current criminal system. Some jurisdictions may have special restorative justice programs designed for attempted murder cases. These programs can involve meetings between perpetrators and victims, as well as community participation, with the aim of promoting understanding, resolution, and reconciliation. Implementation of restorative justice in attempted murder cases can be carried out in stages.

The effectiveness of restorative justice programs: A meta-analysis of recidivism and other relevant outcomes

Restorative justice is an alternative approach to traditional legal system programming that focuses on repairing harm and enhancing client accountability. Despite the proliferation of restorative justice programs, research suggests that their effectiveness depends on various factors such as program type and methodological quality of the studies. The goal of this study was to synthesize the research on the effects of restorative justice in reducing recidivism as well as improving other outcomes for male and female adult clients. Information from 27 studies examining 34 unique samples was included in the meta-analysis. Results indicated that restorative justice programs were associated with significant and small reductions in general recidivism but not violent recidivism. In addition, restorative justice programs resulted in greater victim and client satisfaction, victims’ views of procedural justice, and client accountability compared to traditional legal system approaches. There were significant sample, study, and program moderators that influenced the effects of restorative justice in reducing recidivism outcomes. Taken together, the results over the past 40 years of research provide minimal support for the effectiveness of restorative justice programs in reducing recidivism overall and highlight the importance of considering moderating factors when evaluating and improving the effectiveness of restorative justice programs. Notably, this meta-analysis clearly demonstrates restorative justice’s effectiveness in improving other relevant outcomes for clients and victims.

Research on the Impact of Restorative Justice Implementation on the Social Reintegration of Offenders and the Reduction of Recidivism Rates

Restorative justice has emerged as a powerful framework within the criminal justice system, offering innovative solutions to reduce recidivism and promote the social reintegration of individuals with criminal backgrounds. This paper explores the impact of restorative justice on these crucial aspects of the criminal justice process. It delves into the principles, practices, and theoretical underpinnings of restorative justice. Real-world cases and empirical evidence are presented to illustrate its effectiveness, while also acknowledging the challenges and limitations. The implications of this research highlight the need for wider integration of restorative justice programs, the development of skilled facilitators, and the importance of community involvement. As a holistic approach, restorative justice provides a promising path toward safer and more inclusive communities.

Prevalence of dental caries among learners with disabilities attending special education schools in the eThekwini District, KwaZulu-Natal

IntroductionIndividuals with special healthcare needs may have poororal health as a result of systemic and structural issues that make it more difficult to maintain optimal oral healthstatus. As such, these individuals may require specialised, multidisciplinary oral healthcare. Furthermore, determiningthe severity of oral conditions among these people isnecessary to establish the number of people affected and the services required to improve oral healthcare for these affected populations. Aims and objectivesTo determine the prevalence of dental caries among learnerswith disabilities attending special schools education in theeThekwini district, using DMFT/dmft and PUFA/pufa indices.DesignA cross-sectional descriptive study design.MethodsA proportional stratified random sampling method was usedto select learners from 22 special schools in the eThekwinidistrict (n=435). The sample was divided into subgroups known as strata (schools) and a systematic sampling technique was used in each school. The learners were further categorised according to the classification of Special Health Care according to the Individuals with Disabilities Education Act (IDEA). Data collection comprised an intraoral examination to determine the prevalence of dental caries (using the DMFT/dmft index) and the extent of untreated dental caries using the PUFA/pufa index. ResultsOut of the 488 students in the special schools approached, 435 consented to participate in the study giving a response ate of 89.14%. The prevalence of dental caries in the permanent and primary dentition was 53.6% and 22.5% respectively. The overall D (decayed) component recorded in permanent teeth was 740 (88%), the F (filled) component was 30 (4%) and M (missing) component was 77 (9%). Females had higher mean DMFT and PUFA scores while males had higher dmft and pufa scores. The DMFT and dmft scores recorded were highest in the 18-20 years age group at 3.70 ± 3.83 and the 6-8 years age group at 4.31 ± 4.00 respectively. The relationship between the DMFT and dmft scores and participants’ age was seen as statistically significant, as these increased with age (p <0.001). The highest caries prevalence was found in the intellectual disability group (46.4%; n=393). The “untreated caries to PUFA ratio” was 2.5 to 1, indicating that 26% of the D + d component (in DMFT/dmft) had progressed mainly to pulpal involvement. The PUFA/pufa scores were higher in the 12- 14 years age group at 0.46 ± 1.33 and 6-8 years age group at 2.06 ± 3.45 respectively when compared to the other age groups in the study sample.ConclusionThe high number of dental caries recorded in the permanent and primary dentition and the low number of restored teeth in the study sample highlight the need for promotive, preventive and restorative oral healthcare programmes within this population.

Peculiarities of a procedural status of a criminal and a victim (a victim of a criminal offense) in the context of the implementation of restorative justice programs (on the example of the USA and France experience)

Peculiarities of a procedural status of a criminal and a victim (a victim of a criminal offense) in the context of the implementation of restorative justice programs (on the example of the USA and France experience)