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White Collar Crime

Restorative justice and white collar crime victims and perpetrators.

Gustafson, Dave. Exploring Treatment and Trauma Recovery Implications of Facilitating Victim Offender Encounters in Crimes of Severe Violence: Lessons from the Canadian Experience.
This chapter first describes research undertaken in 1989 with victims/survivors and inmates that led to the development of the program. A case study that involves an adult male survivor of child sexual abuse illustrates the process and the healing outcomes for this survivor, for the members of his family, and for the offender. Some of the issues raised by the case are explored, notably the nature of trauma and how guided communication between victims, offenders, and other involved parties can assist recovery. The presentation of the case study is followed by a review of the history of the program. There is growing evidence of the therapeutic impact of victim-offender mediation upon the participants. Victims often report that the mediation experience has helped in their recovery from trauma, including a diminishing of severe symptoms of posttraumatic stress disorder (PTSD). Participating offenders have also described the mediation process as healing. Therapists and prison program facilitators have reported observing significant increases in victim empathy and a commitment to relapse prevention in offenders who have participated. Other jurisdictions are implementing similar programs with technical assistance from FRCJIA staff. The first 15 years of the program have continued to show the value of mediation in helping to heal the harms caused by violent offenses. Well-conceived victim-offender dialog models, especially when informed by trauma recovery and offender treatment research, are apparently effective in bringing positive outcomes even for cases of violent crimes. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.
Toews, Barb. A Body in Motion.
A Body in Motion is a play that was prisoner requested in the State Correctional Institution at Graterford, one of Pennsylvania’s largest prisons. Prisoners familiar with Howard Zehr’s book, Transcending: Reflections of Crime Victims, asked the Pennsylvania Prison Society and its Restorative Justice Program to bring the play to their prison. This expanded to a tour of eight state prisons and seven community-based sites in April and May 2004. Through project goals, partnership and process, and audience care, the tour offered a new application of these restorative elements. This article focuses primarily on the prison aspects of the play tour.
McElrea, F W M. The Role of Restorative Justice in RMA Prosecutions.
I was a great surprise but a very great privilege to be this lecture to the RMLA Auckland branch members earlier this year. The topic is certainly one of real interest to me, and I hope it will prove of value to you. With the agreement of Principal Environment Court Judge Bollard I have been encouraging the use of restorative justice processes in a few RMA cases. Two have been completed and others are in the pipeline either here or in the Waikato. There is the potential for a greatly increased use of this approach.(excerpt)
International Centre for Criminal Law Reform and Criminal Justice Policy. Workshop 2: Enhancing Criminal Justice Reform, Including Restorative Justice.
This background paper for a workshop on enhancing criminal justice reform (workshop at the 11th United Nations Congress on Crime Prevention and Criminal Justice, April 18-25, 2005, in Bangkok) discusses priorities for criminal justice reform and opportunities for the effective enhancement of criminal justice, followed by recommendations for consideration by workshop participants. An introductory section considers pressures on criminal justice systems to adapt to new conditions, including serious forms of transnational crime that require international cooperation; demands for access to justice; and the growing influence of restorative justice principles on criminal justice institutions. The paper's second section outlines priorities for criminal justice reform. These include the criminal justice system's interaction with diverse populations, such as women, children, the elderly, ethnic and cultural minorities, and people with disabilities; the protection of population groups vulnerable to criminal victimization; sentencing and correctional alternatives to imprisonment; and the incorporation of international standards and resources in priorities and designs for reform. The third section of the paper identifies and discusses opportunities for the effective enhancement of criminal justice. Among the eight areas of opportunity addressed are integrated and comprehensive reforms, regional and international coordination in reform efforts, the involvement of community and nongovernmental institutions in criminal justice reforms, and the monitoring and evaluation of criminal justice practices. Thirteen recommendations are offered as guidance for criminal justice reforms. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.org.
Delattre, Gerd. Dialogue with the Public - A Neglected Element of Restorative Justice?
The results of the empirical research on success and acceptance of restorative justice are better than expected, but they are not taken into account and are not implemented adequately by the legal practitioners. Due to the internal perspective and the fact that referrals are dependent on legal practitioners, the full potential concerning application and efficiency of restorative justice cannot be tapped satisfactorily. The dialogue with the public is a neglected element in the development of restorative justice and has to be intensified. Those affected by crimes should be informed very early about the possibility of out-of-court conflict settlements and reparation. It is important to take increased efforts to establish agreeable offers of conflict settlements which are at the same time top-quality and within close range. Apart from informing the general public via various media, the extension of a network with new cooperation partners (schools, police, district offices, quarter mangers, church communities, priest, doctors, crisis line, victim support, crime prevention organisations) is of vital importance. (excerpt)
Ouellette, Melissa. Who Owns Restorative Justice? Exploratory Interviews with Restorative Justice Practitioners
Restorative justice challenges the notion that the effects of crime can only be resolved by professionals, and represents a shift in power away from state control to community control of justice issues. As a different way of doing justice vying for a place in relation to the mainstream justice system, tensions exist between theory and practice. Face-to-face, semi-structured interviews with people who occupy various roles in the field of restorative justice in the Lower Mainland explored how different actors see the tensions being addressed, exacerbated and/or resolved. The sources of tension included questions regarding (1) what is classified as restorative justice and if standards should be adopted; (2) who gets to provide restorative services; (3) which service providers get to take which types of cases and at what stage in the justice process, and (4) the lack of adequate, stable sources of funding for restorative justice programs. Author's abstract.
Bender, Valerie R. Victim/Community Awarness: An Orientation for Juveniles
The curriculum is designed for a group with a maximum of 15 offenders, and the 3 sessions of the curriculum encompass 3 to 4 hours. The first session is an introductory session that involves welcoming participants and group introduction, the administering of a pretest, the presentation of a group contract for behavior within the group, and an overview of balanced and restorative justice. The second session focuses on the impact of crime. In this session, group participants engage in role-playing as a crime victim or someone in the community who must deal with the aftermath of a crime described by the group facilitator. Each group member is assigned a role to play that involves thought about the kinds of feelings the character might have. The third session builds upon the second session by having each group member describe in detail the offense he/she committed, followed by a description of how his/her offense affected the victim and community. Group members may ask questions and provide feedback regarding the impact of each member's offense. Part of this session is having group members compose an apology letter to their victims and to the community. Materials for each session are provided, along with guidance for the facilitator. A section on information and resources includes a victim/community awareness completion report, a victim impact statement, guidelines for assessing offender accountability, suggested readings, and descriptions of victim-awareness video clips. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.
Szmania, Susan Jennifer. Victim Offender Mediation Media Coverage Has Both Potential and Pitfalls
Restorative justice initiatives such victim offender mediation (VOM) programs are currently enjoying increased national media attention. In the past year, several magazines and television and radio talk shows have devoted space to restorative justice programs. The journalist Jan Goodwin, for example, has published articles on victim offender mediation in the April 2004 issue of O Magazine and in the May 2004 issue of Marie Claire magazine. On television, coverage has appeared on The Oprah Winfrey Show in November 2004 and on The Larry King Show in January 2005. Online discussions have also been held, such as one on Oprah’s discussion board (oprah.com). For advocates of restorative justice, this national media attention is exciting. It not only raises public awareness about restorative justice, but it also opens doors for sources of much-needed funding for new and existing programs. However, this increased media attention requires more scrutiny of how VOM is presented because of the misconceptions that may be inadvertently promoted through the media spotlight. To illustrate the potentials and pitfalls of media involvement in VOM, this article looks at three recent VOM television and online presentations. These sources include The Oprah Winfrey Show entitled. “Coming Face to Face with Your Attackerâ€? from October 25, 2004 on the topic of restorative justice, the Oprah After the Show program that subsequently aired the question and answer session following the main program on a cable television channel, and the oprah.com discussion board in response to the television show. (excerpt)
Cyr, Katie and Wemmers, Jo-Anne. Victims' Perspectives on Restorative Justice: How Much Involvement are Victims Looking For?
Under the Criminal Code of Canada, the crime victim is relegated to the role of witness to a crime against the state. Due to concerns over the possible threat to the rights of the accused, victim vindictiveness and sentencing severity, victim participation in the criminal justice system has been met with resistance. In relation to restorative justice, while victims are clearly considered to be parties with a stake in the offense, victim satisfaction is not always a goal of restorative justice. This leads to the possibility of restorative justice programs being insensitive to the needs of crime victims, thereby placing an additional burden on the victim. This paper presents data from a study of 56 victims of crime who participated in a victim-offender mediation program in Montreal, Canada and presents an understanding of the role that victims prefer to play in the criminal justice process. The data suggest that the majority of victims are well aware of the risk of introducing arbitrariness into sentencing if victims are granted decisionmaking power. Most victims are clear that while they want input, they are content to leave decision control in the hands of authorities. Victims seem to want recognition. They want to have a voice in the criminal justice process. Victims want a voice that will be heard, but where they won’t bear the burden of decisionmaking power. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.
Zemlyanska, Vira and Koval, Roman. Introducing Restorative Justice in the Ukrainian Justice System
The Ukrainian Centre for Common Ground is a non-governmental organization working to build capacity for constructive conflict resolution. Since 2003, it has been engaged in an initiative to introduce restorative justice into the Ukrainian justice system. The project includes training mediators in victim offender mediation and policy makers in restorative justice. Roman Koval and Vira Zemlyanska provide this update on the project's progress.
Umbreit, Mark S and Bazemore, Gordon. A Comparison of Four Restorative Conferencing Models by the Office of Juvenile Justice and Delinquency Prevention
"This chapter focuses on four restorative conferencing models: victim-offender mediation, community reparative boards, family group conferencing, and circle sentencing. Although these four models by no means exhaust the possibilities for community involvement in decisions about how to respond to youth crime, the models do illustrate both the diversity and common themes apparent in what appears to be a new philosophy of citizen participation in sanctioning processes." (excerpt)
Pearson, Annette. Can Colombian Community Justice Houses Help the new Criminal Justice System Achieve Restorative Results?
Restorative Justice is not a familiar term amongst the public or in legal circles. Key characteristics of restorative justice values, actors, procedures and settings are not known or understood by formal justice system operators. The 1991 Colombian Constitution created community conciliators and popularly elected judges who do play a role in the justice system. These community justice figures are not acquainted with the restorative justice conccepts as such but they often do have an approach to conflict resolution which resembles restorative justice practices. Rather surprisingly, proponents of restorative justice innovations from within the university context were successful in their bid to have restorative justice references included in the new criminal procedure code passed in July, 2004. This legislation which will come into force on the 1st of January 2005 has an entire section entitled restorative justice. In a wide range of crimes which require citizen initiative to bring them into the criminal justice system, obligatory conciliation proceedings between the victim and the suspected offender before a criminal investigation will be commenced. The reform of the criminal justice system does assume that preliminary conciliation encounters between the victim and the suspected offender can produce restorative justice type agreements. Given the provisions foreseen for the operation of the obligatory conciliation proceedings, it is not likely that restorative justice ends will be well served. Some of these conciliation encounters will be undertaken in community justice houses. The community justice house model located in 32 cities, principally in poor peripheral urban suburbs, included both formal criminal justice system operators, as well as community mediators, conciliators and judges. Abstract courtesy of the Centre for Justice and Peace Development, Massey University, http://justpeace.massey.ac.nz.
Szmania, Susan Jennifer. Beginning difficult conversations: An analysis of opening statements in Victim Offender Mediation/Dialogue
In this dissertation, I provide a discourse analysis of mediators, victims, and offenders’ opening statements in the Victim Offender Mediation/Dialogue (VOMD) program in the Texas Department of Criminal Justice. VOMD is available to willing victims of violent crime who would like to meet with their convicted offenders with the aid of a mediator. Previous research indicates that participants are satisfied with the process and outcome of this newly emerging type of mediation, but little research has addressed the communication in these difficult conversations. A general practical question motivates this discourse-centered analysis: how do participants begin the Mediation/Dialogue sessions? Drawing from grounded practical theory, the analysis addresses two levels. First, at the technical level, I use action-implicative discourse analysis to transcribe participants’ opening statements in five cases. Second, at the problem level, I investigate the tensions that are inherent in initial moments of the dialogue, both at an institutional level and at an interpersonal level. The technical level finds that the participants in five cases display prosocial communicative practices in their opening statements. Mediators employ both procedural and orientational features that orient the participants to the ideology and process of the mediation session. Victims acknowledge the offender, equalize their position with the offender, discuss their spirituality, and may also express forgiveness to the offender in their opening statements. Offenders begin by talking about the difficulty of engaging in the mediation session, discussing their identity in relation to their crime, offering an apology, and responding to the victims’ forgiveness when forgiveness is granted. Author's abstract.
McNeice, Julie A. Bridging Restorative Justice and Crime Prevention through Social Development
My Master of Arts Leadership and Training degree major project report investigates the opportunity to improve linkages between restorative justice and crime prevention through social development by defining them and exploring their inter-relationships. Study results will help bridge the information gap between the two social development approaches. This may lead to the real possibility of permanent positive change to improve social cohesion within my community of Yellowknife, Northwest Territories (NT) in Canada. Sponsorship of this study is provided by the Northern Director of the National Crime Prevention Centre of Canada in hopes of enabling a seamless, integrated approach to crime prevention through social development, restorative justice initiatives, and aboriginal justice strategies that arise from native self-governance. The research component of this study involves numerous individual interviews (8) and two focus group sessions. Author's abstract.
Vernon-Scott, Sarah A. Rethinking Elder Abuse: Words and Actions
The main purpose of this study was to determine the quality and impact of various presentations of elder abuse information to establish the most effective ways to educate the public about elder abuse. Secondary to this purpose was to explore aspects of restorative justice interventions for elder abuse cases. The first experiment involved three pamphlets with similar content that were presented with titles reflecting different conceptual frameworks; elder abuse, conflict resolution, and empowerment. The pamphlets were simultaneously made available at a seniors centre to determine any differences in frequency of pamphlet selection. Elder abuse was the least selected pamphlet, offering empirical evidence to the claim that people avoid materials with the words elder abuse on them. The second experiment involved students reading one of 6 pamphlets with similar content but with the wording varied on two dimensions; type of conceptual framework, and tone (emotional versus neutral wording). The student participants rated the quality and impact of the information, answered items about their knowledge, beliefs and attitudes about elder abuse, and provided some basic demographic information. Elder abuse pamphlets were rated to have higher impact than other messages. It appears that although elder abuse messages have the most impact for students, the seniors are less likely to pick up educational material using this language; so alternate wordings may be the best solution to deliver the message about elder abuse to the most people. Author's abstract.
Cannon, Joanna B. A Case Study of a Restorative Community Justice Initiative for Juveniles in the Southeastern United States
Restorative community justice has been called a new paradigm in the field of criminology and criminal justice and it is attracting a great deal of attention nationally and internationally. Community sanctioning panels are a promising example of how this model can be put into practice. There are numerous theoretical and practical issues to resolve when developing these projects. This dissertation is a case study of the Piney Ridge Project (PRP), which was a restorative community justice initiative that utilized community sanctioning panels for youth in the southeastern United States. The implementation and effectiveness of this initiative were evaluated to shed light on the viability of this new approach. Five research techniques were used to collect data: participant observation, surveys, interviews, focus groups, and official data analysis. Data was triangulated from criminal justice personnel, project staff, community members, and the projects’ clients. Many lessons were learned through this study. Analysis show that PRP made beginning steps toward realizing key principles of the model, however the project encountered significant obstacles, and shortcomings were evident. It is anticipated that lessons learned from PRP will be valuable for scholars as well as practitioners intending to implement restorative community justice projects. Author's abstract.
Andrus, Julie and Downes, Ken and Umbreit, Mark S. Community Reconciliation Through Facilitated Dialogue & Restorative Justice
Central to the notion of community reconciliation through restorative justice is the process of facilitated dialogue. This usually involves trained mediators or facilitators. The purpose of restorative justice dialogue is to provide a safe place for the people most affected by a specific hate crime, hate incident, or criminal act (victim, offender, family members of both, and other support persons or community members) to have the opportunity to enter into a direct dialogue with each other in order to talk about the full impact of the crime upon their lives, to address any lingering questions, and to develop a plan for responding to the harm caused to the greatest extend possible. This type of facilitated dialogue provides the opportunity for entirely new directions and changed perspectives in the lives of the involved parties. Currently, there are very few examples of this in response to acts of intolerance and hate.
Biermans, Nadia. Restorative justice and the prison system
For about two years now, Nadia Biermans, along with others, has been trying to apply restorative justice ideas and practices in Flemish prisons. Based on her experiences, in this paper she raises some questions and makes certain observations about restorative justice in the prison system. She begins by explaining how restorative justice in Belgian prisons began and how it is organized. This leads to discussion of the question of whether restorative justice has a place in prison, the issue of educating and persuading the wider public about restorative justice, and successful ingredients for introducing restorative justice in prisons.
O'Dwyer, Kieran. A program of restorative cautioning by the police in the Republic of Ireland
This paper presents an overview of findings from recent and current evaluations of restorative justice initiatives for young offenders in the Garda Siochána, the national police service of the Republic of Ireland. The restorative interventions are of two kinds, both of which occur under the Garda Juvenile Diversion Programme. The first involves the victim in formal cautions and offers the possibility of apology and reparation. The second provides for family conferences that operate in much the same way as restorative cautions but go on to discuss the offending behaviour in more depth and develop action plans to avoid a recurrence. The paper addresses the place of the initiatives in the Irish criminal justice system and presents relevant results from evaluations of 83 cases. Among the issues raised are: case selection (criteria, suitability, barriers to greater use), the voluntary nature of participation and the type of outcomes achieved. Author's abstract.
Editor. Sycamore Tree programme: ‘a journey for them all’
A community-based restorative justice programme that involves groups of crime victims meeting with groups of offenders is to be introduced to prisons in Palmerston North, Wanganui and Invercargill over the next six months. The Sycamore Tree programme, run by the Prison Fellowship of New Zealand, has been operating successfully at Hawke's Bay Prison for the last three years.'We've had glowing feedback from our participants,' says Jackie Katounas, who has been facilitating the programme in Hastings. The Department of Corrections is funding an extension of the programme into Manawatu Prison from August, Wanganui Prison from September, and Invercargill Prison from November. The voluntary programme involves groups of six inmates and six victims of unrelated crimes coming together for eight two-hour sessions. (excerpt)

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