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Sherman, Lawrence W and Strang, Heather and Woods, Daniel and Strang, Heather. Captains of restorative justice: Experience, legitimacy and recidivism by type of offense

The authors report on the substantial variety of effects on offenders resulting from restorative justice programs based on the same model, but run by different people with various levels of experience and with different systems of caseload management. Their study examined over 500 restorative justice conferences conducted during the Reintegrative Shaming Experiments (RISE) in Canberra, Australia, 1995-2000. This paper provides key findings from the RISE programs. The focus is on the critical role the leader of the conference plays in influencing the effects of the program on participants.

Maxwell, Gabrielle and Morris, Allison. Family Group Conferences and Re-offending

This article presents some preliminary information on the reconviction patterns of youth processed by family group conferences (FGC) in New Zealand. Among the 161 young people 35% had no convictions for either criminal or serious traffic offenses in either youth court or in an adult court. Results indicate five groups of reoffenders: persistent recidivists, intermediate recidivists, occasional recidivists, traffic recidivists, and occasional traffic recidivists. Those who became persistent recidivists were more likely to have originally committed more serious and a larger number of offenses, to have had a previous history, were more likely to be Maori, and were more likely to have been dealt severely with at the FGC.

Daly, Kathleen and Jane Christie-Johnston and Liz Mumford and Jane Christie-Johnston and Mary McKenna and Jane Christie-Johnston and Michele Venables and Mary McKenna and Liz Mumford and Jane Christie-Johnston. South Australia Juvenile Justice (SAJJ) Research on Conferencing. Technical report no. 1: Project overview and research instruments.

The South Australia Juvenile Justice (SAJJ) Research on Conferencing project consists of observations of conferencing in response to juvenile offenses. SAJJ focuses on ways of measuring restorative justice practices and assessing variability in the conference process and participants' understandings of the process. Technical Report No. 1 provides an overview of the project and its research instruments. Part I covers the following topics: the legal and organizational context of conferencing in South Australia; research leading up to SAJJ; key research questions; time frame; differences with the Reintegrative Shaming Experiment (RISE); design considerations; theoretical aims; sampling plan; data gathering plan; conference numbers; and procedures in conducting interviews. Part II describes the research instruments used - background material, design of each instrument, source and rationale of the questions, and problems in using the instruments. Technical Report No. 1 should be read in conjunction with Technical Report No. 2, which can be found at this Internet address: http://www.aic.gov.au/rjustice/sajj/tech-report-2.pdf

Sherman, Lawrence W and Strang, Heather and Woods, Daniel and Strang, Heather. Recidivism Patterns in the Canberra Reintegrative Shaming Experiments (RISE)

In this intermediate report on the data collected by the Canbera Reintegrative Shaming Experiment, the researchers discuss the recidivism patterns of three types of offenders: violent offenders, drunk drivers, and shoplifters. The data showed the before and after one-year recidivism rates for the groups randomly assigned to either the conferencing or the court.

Umbreit, Mark S. "Mediation of Criminal Conflict: An Assessment of Programs in Four Canadian Provinces: Executive Summary Report."

This executive summary describes a study of community based non-profit organizations that provide mediation services for referrals from the criminal justice systems in cities in four Canadian provinces. The four program sites offer a wide range of diversity in program design, community acceptance, caseload size, history, management procedures, and impact on the criminal justice system.

McCold, Paul and Wachtel, Benjamin. The Bethlehem Pennsylvania Police Family Group Conferencing Project

This is a report on the Bethlehem Pennsylvania Police Family Group Conferencing Project. 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 family group 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 offenderxe2x80x99s actions and to develop an agreement to repair the harm. Victim and offender participation is voluntary. The effect of the program was measured through surveys of victims, offenders, offenderxe2x80x99s parents and police officers and by examining outcomes of conferences and formal adjudication. Results are related to six questions about restorative policing. Findings include: 42% participation rate, 100% of conferences (n=67) reaching an agreement, 94% of offenders (n=80) fully complying with agreements, and participant satisfaction and sense of fairness exceeding 96%. Results suggests that recidivism was more a function of offenders choice to participate than the effects of the conferencing, per se. Violent offenders participating in conferences had lower rearrest rates than violent offenders declining to participate, but this was not true for property offenders.

Sherman, Lawrence W and Strang, Heather. Restorative Justice and Deterring Crime.

The authors contend that experiments in reintegrative shaming by the Canberra police (Australia) indicate that offenders are more deterred from repeat offending after experiencing the restorative justice approach of diversionary conferencing than after court proceedings. These preliminary findings of the Canberra police conferencing program are especially important because some critics have called shaming conferences a "soft option."

Harris, Nathan and Burton, Jamie B. The Reliability of Observed Reintegrative Shaming, Shame, Defiance and Other Key Concepts in Diversionary Conferences

The Reintegrative Shaming Experiment, which began in the Australian Capital Territory in July 1995, is a comparison between the court system and an alternative to traditional criminal justice interventions, called Diversionary Conferencing. The experiment is primarily focused upon testing differences in the level of recidivism resulting from the two interventions. The experiment also measures a large number of factors which have been predicted by a variety of theoretical perspectives to impact upon criminal activity and recidivism. This report presents the results of that study.

Umbreit, Mark S. Restorative Justice Through Victim-Offender Mediation: A Multi-Site Assessment

The relatively new and emerging practice theory of restorative justice emphasizes the need to provide opportunities for those most directly affected by crime (victims, communities, and offenders) to be directly involved in responding to the impact of crime and restoring the losses incurred by victims. Victim-offender mediation, a process which allows crime victims to meet fact-to-face with the offender to talk about the impact of the crime and to develop a restitution plan, is the oldest and most empirically grounded restorative justice intervention. This article reports on a study of victim-offender mediation in four sites with juvenile offenders and their victims, along with related studies. High levels of victim and offender satisfaction with the mediation process have been found, along with high successful restitution completion rates and reduced fear among crime victims

Schiff, Mara F.. "Restorative Justice Interventions for Juvenile Offenders: A Research Agenda for the Next Decade."

Restorative justice is about healing the harm done to victims and communities as a result of criminal acts, while holding offenders accountable for their actions (Zehr 1990; Van Ness and Strong 1997). The lack of rigorous empirical research on restorative justice, however, makes it difficult to know the effects of restorative justice on victims, communities, and offenders. The goal of this article is to examine the current state of research on restorative interventions for juvenile offenders. The article distinguishes what we know from what we need to know and suggests a future restorative justice research agenda.

McCold, Paul. Evaluation of a Restorative Milieu: CSF Buxmont School/Day Treatment Programs 1999-2001. Evaluation Outcome Technical Report

The Community Service Foundation (CSF) and Buxton Academy operate six school/day treatment programs in southeastern Pennsylvania. They are community treatment settings for adjudicated delinquent and at-risk youth. CSF also operates other programs for youth in trouble. All of the programs use restorative practices. McCold speaks of a "restorative milieu" because the CSF Buxmont culture consists of many restorative techniques and processes, not just isolated restorative interventions, and because the restorative approach extends beyond staff interaction with youth to staff-to-staff and student-to-student relationships. In this paper McCold presents results of an evaluation of the CSF Buxmont school/day treatment programs to assess the effectiveness of their restorative practices in encouraging positive changes among youth in the programs. The analysis covers the outcome experiences of more than 900 youth discharged from the programs over a two year period between 1999 and 2001.

Miers, David and et al. Exploratory Evaluation of Restorative Justice Schemes

This report presents the results of a 15-month study of the effectiveness of seven British restorative justice (RJ) schemes conducted between December 1999 and June 2000, two of them dealing primarily with adult offenders and the other five with juveniles. The objectives of the research were to identify which elements, or which combination of elements, in RJ schemes were most effective in reducing crime and at what costs, as well as to provide recommendations on the content of and best practice for schemes to be mainstreamed. Following an initial feasibility study, fieldwork for the main body of the research began in December 1999. The main elements of the fieldwork were the collection of descriptive information about the schemes' status, history, philosophy, policies, and practices; and the collection and analysis of process and output data about the practical operation of schemes, the impacts of the schemes, data relevant to measuring outcomes, and data relevant to the determination of cost-effectiveness. The schemes evaluated were diverse in their understanding of the notion of "restorative Justice," their degree of focus on victims and offenders, and their implementation of the interventions which they undertook. The schemes were also fragile in being vulnerable to funding cuts, and they were often dependent on intensive labor commitments by small numbers of exceptionally committed individuals. Even at the times when they were receiving substantial numbers of referrals, most schemes made unambiguously "restorative" interventions in relatively few cases. Victims who had experienced some form of restorative justice were broadly favorable toward the concept, appreciating the opportunity to express their views and experience some restoration based on offender action.

Nugent, William R and Paddock, Jeff and Umbreit, Mark S and Paddock, Jeff and Wiinamaki, Lizabeth and Umbreit, Mark S. Participation in Victim-Offender Mediation and Reoffense: Successful Replications?

A study was conducted to determine the extent to which four investigations of the effect of participation in victim-offender mediation (VOM) on reoffense were successful replications. Method: The data from these four studies were combined and statistical analyses performed to determine if differences between studies were attributable to sampling variability. If the differences between studies were statistically nonsignificant, the results would be consistent with the four studies being successful replications of each other. Results: The results were consistent with the four studies representing a successful replication series. Analyses of the combined samples of 1,298 juveniles indicated that VOM participants reoffended at a rate 32% lower than nonparticipants. Conclusion: The difference in reoffense rates was more than three times larger than the average effect associated with interventions for delinquency found in a recent meta-analysis. These results suggested that VOM participation was associated with significant reductions in delinquent behavior.

Daly, Kathleen and Hayes, Hennessey. "Youth Justice Conferencing and Re-offending."

The literature on conferencing, restorative justice processes, and re-offending has largely been of comparative analyses of justice system interventions and re-offending, e.g., comparisons of conference and court by using experimental designs or by conducting meta-analyses. That researchers find few or no differences in comparing conference/court outcomes is disheartening to some and surprising to others, when the comparative approach itself may be part of the problem. We take an alternative approach in assessing the impact of conferencing on re-offending, utilising data from the South Australia Juvenile Justice (SAJJ) Conferencing Project and police records. Drawing from conference observations and official police data, we explore the relative importance of conference dynamics and offender characteristics in predicting future offending. We find that in addition to well-known predictors of re-offending, such as previous offending and social marginality, when youthful offenders were remorseful and when the outcome was reached by genuine consensus, young people were less likely to re-offend. These findings suggest that when attention is focused on the claimed benefits of conferencing in its own right, it is possible to identify those elements of restorative processes that are associated with reductions in crime. SAJJ observational and interview data also show that of the five groups in the conference process -- coordinators, police officers, young people (offenders), victims, and the SAJJ observers -- the victims were least able to correctly predict a young person's post-conference offending and most likely to wrongly think the young person would re-offend. Despite this, over 90% of victims recommended the government keep conferencing in the justice system.

Harris, Nathan and Burton, Jamie B. Testing the reliability of observational measures of reintegrative shaming at community accountability conferences and at court

The inter-rater reliability of reintegrative shaming concepts was tested at Community Accountability Conferences and at court proceedings in Canberra, AUS. Data were collected from observation of 45 cases: 15 violence or property-related conferences; 15 drunk-driving conferences; and a mix of 15 drunk-driving, property-related, and violence-related court cases. The results indicate that components of reintegrative shaming theory can be observed reliably using systematic observation and global rating observation methods.

Paiement, Robert. Peacemaking Circles Pilot Project in St. James Town and Regent Park (Toronto, Canada) Phase Two: January 30, 2005-June 30, 2006. Evaluation Report.

This report provides findings from a process evaluation of the Peacemaking Circles Pilot Project in the St. James Town and Regent Park communities from January 30, 2005 to June 30, 2006. A previous evaluation was completed on the first year of the implementation of the project. The report begins with the historical context of the initiative, an overview and description of Peacemaking Circles, the goals and objectives of the initiative, its structure and the design of the evaluation and a summary of the findings of the evaluation. The remainder of the report focuses upon findings from the evaluation related to both the implementation process and outcomes. (excerpt)

Triggs, Sue. New Zealand Court-Referred Restorative Justice Pilot

This study measured the reoffending rate, measured as the reconviction rate, 2 years after a sample of offenders participated in New Zealand's court-referred restorative justice pilot program. The 206 offenders who had participated in a court-referred restorative justice conference had a 2-year reconviction rate of 41 percent, compared to their predicted rate of 45 percent. The reconviction rates for the 10 matched comparison groups ranged from 42 percent to 49 percent (45 percent average). The proportion of the conference group that had not yet reoffended after 2 years was higher than for all 10 comparison groups, but not to the level of statistical significance. The subsequent imprisonment rate for the conference group was 10 percent, which was not significantly different from the average of 12 percent for the comparison groups. The severity of offenses committed did not differ significantly between the conference and comparison groups. Offenders referred to conferences were more likely than those not referred to have fewer and less serious previous convictions and to be traffic offenders. The offender groups with no reduction in reoffending were most likely to be under age 20; to have had their first conviction at age 18 or under; to be Maori; and to have committed burglary, fraud, or serious assault. The study concluded that overall conference outcomes did not significantly affect reoffending rates. Reoffending was assessed throughout the 2-year follow up period and at the end of the 1-year and 2-year follow up periods. The seriousness of reoffending and the subsequent imprisonment rate were also examined. The results for the conference group were compared with their predicted reconviction rates, which were derived from a logistic regression model. The results for the conference group were also compared with the results for 10 matched comparison groups that were selected from eligible offenders who were not referred to the pilot program. 17 tables, 4 figures, and appended description of methodology and group profiles Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.

Holdaway, Simon and Desborough, Sonia. National Evaluation of the Youth Justice Board's Final Warning Projects

Under the Final Warning provisions, if a juvenile's first offense is within a prescribed range of severity, he/she receives a Final Warning, which is delivered by a police officer in the presence of parents or a responsible adult. Police then refer the juvenile to a Youth Offending Team (YOT) for assessment and placement in a suitable intervention program. Failure to comply with defined elements of the program is citeable in court if the juvenile reoffends. Soon after the Final Warning scheme was launched, the Youth Justice Board (YJB) established a development fund, inviting bids to establish a range of interventions for youth, including those linked to the Final Warning scheme. This report pertains to an evaluation of 30 YJB-funded development projects that sought to establish Final Warning intervention programs. The projects spanned a range of interventions based on restorative justice, educational and career advice, mentoring, and drug and alcohol treatment. Using a questionnaire, data were collected from YOTs and program staff; and 91 interviews were conducted with participants in 21 Final Warning cases sampled from 18 projects. A total of 708 juvenile offenders were included in the sample. The evaluation determined that few of the YOTs that received YJB funds were ready to develop and implement their plans. For various reasons, intervention programs and other aspects of the Final Warning were not a priority. Still, there was evidence of good practice when systematic, coordinated planning was involved. Improvement requires thorough planning for the delivery of warnings, an empirically based assessment of offenders, and the design and delivery of programs tailored to assessments. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.

McCold, Paul. An Experiment in Police-Based Restorative Justice: The Bethlehem (PA) Project.

In 1991, writes Paul McCold, police-based family group conferencing as a community policing technique was pioneered in Wagga Wagga, New South Wales, Australia. Prior to his own study, McCold states that empirical evaluation of restorative policing has been based on a “before/afterâ€? design. That evaluation indicated a reduction in referrals to court following the introduction of conferencing in Wagga Wagga. Qualitative studies of restorative policing have suggested significant, positive changes in the attitude of the police toward their own role and work. McCold builds on previous research with a study of restorative policing in Bethlehem, Pennsylvania. Specifically, he examines the effects of restorative policing practice on police, victims, offenders, and the community. He also compares his results with equivalent data on formal adjudication and with other restorative approaches (e.g., victim-offender mediation).

Edgar, Kimmett and Bowen, Gillian and Bitel, Mark and Bowen, Gillian and Thurlow, Jane and Bitel, Mark. The evaluation of the Lambeth Restorative Justice Conference Pilot Project in Schools.

In May 2000, the Youth Justice Board in England initiated a plan to test, in two schools in Lambeth, restorative justice approaches in response to robbery and bullying in school settings. This was part of the Board’s overall exploration of interventions that might reduce youth crime. The project was devised in partnership with the Metropolitan Police in Lambeth. To evaluate the project, the Youth Justice Board engaged Partners in Evaluation and the Oxford Centre for Criminological Research. The evaluation, reported in this document, reviewed a number of key areas: levels of victimization, bullying, and robbery in the two schools; means for introducing restorative justice approaches in the schools; satisfaction of participants (victims and offenders) in the schools’ restorative justice conferences; short-term and long-term effects of the conferences on participants; and the larger effects of conferences, if any, on the nature and frequency of acts of victimization in the two schools. This paper presents research findings and analysis in these key areas, as well as a number of recommendations to enhance the use of restorative justice conferences in school settings. Additionally, several appendices provide further information on the study methodology, data-gathering, and research instruments.