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Attitudes of Victims and Offenders toward Restorative Justice

A June 2007 report from the Ministry of Justice in the UK reports the attitudes of victims and offenders participating in three different restorative justice schemes from 2001-2004. The evaluation shows that the majority of victims and offenders found the restorative justice process satisfactory, with communication being listed as one of the most important elements of the process.

Balahur, Doina. Romanian juvenile justice system towards its way to restorative practices.

The practice of VOM in Romania has been experimentally undertaken in Bucharest and Craiova. The two experimental centres have been set up in 2002 based on the partnership between the Department of Reintegration from Romanian Ministry of Justice, Centre for Legal Resources and the Foundation Family and Child Care. The technical assistance has been provided by the experts of DFID from UK. According to the aims and objectives of the VOM experiment only those types of crimes have been selected which are based on the criminal complain of the victim (battering, assault and other crimes against the person, insult etc). The persons - victims and young offenders - have been integrated based on their voluntary consent. (excerpt)

Beckett, Helen and O'Mahony, David and Doak, Jonathan and O'Mahony, David and Campbell, Catriona and O'Mahony, David and Jackson, John and Campbell, Catriona and Doak, Jonathan and O'Mahony, David. Interim Evaluation of the Northern Ireland Youth Conferencing Scheme

This bulletin presents the interim findings of an evaluation of the recently introduced Northern Ireland youth conferencing initiative. The findings are based on research conducted by the Institute of Criminology and Criminal Justice at Queen's University, Belfast and focus on the functioning of the scheme in the early months of its operation, from its inception on the 1st December 2003 until the 31st August 2004. (excerpt)

Bitel, Mark. Preliminary Findings from the Evaluation of Restorative Justice in Schools.

The preliminary evidence from the pupil surveys does not show clear effects between the schools which are in the pilot (programme schools) and the comparator schools (nonprogramme schools). However, when comparing the pre- and post-intervention surveys in schools that have implemented restorative practices to a significant degree, there are clear trends that suggest that restorative practices are having a significant effect. (excerpt)

Blackburn, Maddie. Report on: Oxfordshire Youth Offending Service

The Oxfordshire Youth Offending Service operates across a large county. It is one of the largest youth offending services inspected in the first phase of the inspection program conducted by the Healthcare Commission and other agencies of the national government. The first several years after implementation of the national youth justice reforms in April 2000 have seen significant changes. Youth offending teams (YOT) have been established across England and Wales; new orders and interventions have been introduced; a common assessment system has been developed; and more emphasis has been given to a range of approaches, including prevention, restorative justice, and victim services. This then is the first full inspection in the context of these changes. This report covers the following aspects of the Oxfordshire Youth Offending Service: management and partnership arrangements; children and young people who offend or who are at risk; work with parents and caregivers; and work with victims.

Botchkovar, Ekaterina V. and Tittle, Charles R.. Crime, Shame, and Reintegration in Russia

The article begins with an extensive examination of shaming theory and prior research relating to it. Braithwaite’s shaming theory posits that reintegrative shaming inhibits future misbehavior and that those who participate in the shaming process are less likely to misbehave in the first place. Based on this examination, the authors hypothesize that: 1) participation in shaming is negatively associated with misbehavior; 2) having been reintegratively shamed is negatively associated with misbehavior; and 3) stigmatizing experience is positively associated with future misconduct. Four subsidiary hypotheses were also examined. Data were collected from interviews conducted in July and August 2002 with 224 Russian citizens, of which 70 percent were women. Dependent variables measured were the chance of personally committing one of four specific offenses; independent variables were participating in gossip, being reintegratively shamed, and being disintegratively shamed. Analyses of the data resulted in mixed evidence about shaming theory. The results suggest that contrary to the contention that reintegrative shaming would have a positive effect while disintegrative shaming would have a negative effect, the results provide evidence that shaming of any kind, whether reintegrative or disintegrative, may have negative consequences. The findings also show that participating in gossip is unrelated to future deviance and that guilt or fear of losing respect for others for potential misbehavior do not seem to be related to past shaming experiences nor do they mediate supposed relationships between past shaming experiences and misconduct. These findings, along with previous research, suggest that shaming theory may need further refinement. Study limitations are discussed. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.

Curry, Devinder and Knight, Victoria and Williams, Brian and Knight, Victoria and Owens-Rawle, Derek and Knight, Victoria and Semenchuk, Mike and Owens-Rawle, Derek and Williams, Brian and Semenchuk, Mike and Patel, Sunita and Owens-Rawle, Derek and Knight, Victoria and Williams, Brian. Restorative Justice in the Juvenile Secure Estate

This research was funded by the Youth Justice Board for England and Wales in order to establish the scope of restorative work currently being undertaken within custodial and secure establishments, and to identify and disseminate good practice. It was undertaken by the Community and Criminal Justice Division at De Montfort University, Leicester between 2002 and 2003. The full report describes the use of a range of restorative interventions in Young Offender Institutions (YOIs), Local Authority Secure Units (LASUs)1 and Secure Training Centres (STCs) (collectively known as the juvenile secure estate). The research aimed to establish the extent to which restorative justice influences the regimes and programmes in secure institutions, as well as to identify good practice that might usefully be replicated elsewhere. (excerpt)

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.

Feasey, Simon and Williams, Patrick and Clarke, Rebecca and Williams, Patrick. An Evaluation of the Prison Fellowship Sycamore Tree Programme: based on a statistical analysis of Crime Pics II data.

Within the context of the Sycamore Tree Programme, the questionnaire has been used as an evaluative measure, assessing at both the pre and post programme stages. In doing so a difference measure can be calculated that looks at the degree of change from before to after the programme and therefore can be used to inform about programme impact/effectiveness. Central to the Sycamore Tree programme is the victim empathy area. In this regard, analysis of the V (victim empathy) scale is crucial in terms of evaluating the effectiveness of the Sycamore programme for its participants. (excerpt)

Hartmann, Arthur and Kerner, Hans-Jürgen. Victim-Offender Mediation in Germany

In this article, Arthur Hartmann and Hans-Jürgen Kerner report on the history and current status of victim-offender mediation (VOM) in Germany. The practical implementation of victim-offender mediation in Germany began in 1985 with a few experimental projects concentrating on juveniles or adolescents. In the next decade there was a rapid rise in the number of new VOM projects. However, most of them had only a small caseload. At the same time that VOM developed in practice, a legal framework for VOM in Germany was enacted. Against this background, the authors provide key statistics on VOM in Germany with respect to numbers and types of cases, acceptance among victims and offenders, practices or processes, content of VOM agreements, and outcomes.

Hartmann, Arthur. Victim-Offender Reconciliation: Program and Outcomes

This report presents results of research conducted on two victim-offender reconciliation (VOR) projects in Germany. The research considered two programmatic problems. First, that only a part of the suitable cases was selected for VOR. Second, there were no indications that VOR is being misused as a means to widen the net of social control. The level of acceptance among victims and offenders proved to be high though for apparently different reasons between projects. The author calls for more research.

Hauber, A. R. A Dutch Perspective on Some of the Effects of Alternative Sanctions

A report describes development of the HALT diversion program for juvenile vandals in the Netherlands. Criteria for admission to the program were developed after analysis of interviews with a sample of 550 youths arrested for vandalism. The low-vandalistic group (LVG) accounted for 76% and the high-vandalistic group (HVG) for 24% of the sample. The LVG group should be punished, given 1 or 2 consultations, and required to repair the damage they have caused. The HVG group needs an individualized approach responsive to their many problems.

Henriksen, Claus Syberg. Victim-Offender Mediation in Denmark: English summary of the evaluation - carried out by CASA (the Centre of Social Analysis)

A victim-offender mediation experiment has now been going on for 4 years in Ringsted, Roskilde, and Glostrup police districts. In victim-offender mediation the victim and the offender in minor criminal cases meet voluntarily face to face to talk about what has happened. It is prerequisite that the perpetrator admits his guilt. The aim of victim-offender mediation is to give the victims the opportunity - by meeting the offender - of dealing with their fear, frustration, and irritation; feelings that may be related to the experience of being the victim of a crime. The aim for the perpetrator is to give him a sense of responsibility and is thus a crime preventive perspective. Victim-offender mediation is led by a neutral mediator. At the outset, police caseworkers ask offenders and victims if they are interested in taking part in victim-offender mediation. If both parties say yes, the cases are sent on to the mediators, who then talk to the interested victims and perpetrators and tell them more about the process and maybe make an appointment for mediation. CASA (the Centre for Alternative Social Analysis) has followed the experiment during all 4 years and this is the final evaluation. The evaluation is primarily based on questionnaires and interviews with victims and perpetrators. (Questionnaires from 57% of all participants - 61% of the victims have answered, and 54% of the perpetrators). Moreover, material has been collected from the police's and the mediators' visitation. Furthermore, some caseworkers from the police, the Chief Constables in the three police districts, and the mediators have been interviewed. CASA has participated in a number of meetings in the three police districts. (excerpt)

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.

Introducing Restorative Practices into Scottish Schools

In 2004, the Scottish Executive allocated funding for a 30-month pilot project to introduce restorative practices into schools in three Local Authorities. An August 2007 evaluation report outlines the implementation process for the different areas and the progress made in establishing restorative practices in the school.

Involving Victims in Restorative Youth Justice in England through Youth Offender Panels

Youth Offender Panels in England and Wales seek to hold young offenders accountable for their behaviour while involving victims in the process. A recent evaluation of the programme in Leeds found a positive impact on both victims and offenders. In this article, Adam Crawford, one of the researchers, summarizes the findings.

Kruissink, M and Verwers, C. Diversion of Shoplifters in the Halt Procedure: Evaluation of a Rotterdam Experiment

A study evaluates an experimental program to reduce shoplifting in Rotterdam, NETH. The program offers juvenile shoplifters referred by police the opportunity to avoid prosecution if they work satisfactorily for the injured party. It is an extension of the popular Halt program for vandalism. Of 153 juvenile shoplifters referred to the project, 143 were diverted. In almost all cases, the offender's work took place in the shops where they had been caught. The storekeepers were cooperative and their experiences with the youths were positive. Diverted juveniles tended to show a stronger reduction in shoplifting than a control group, although the results were tentative due to limitations in the study.

Kruissink, M. The Halt Program: Diversion of Juvenile Vandals. Dutch Penal Law and Policy

A study evaluates the Halt program, begun in 1981 in Rotterdam, NETH, in which prevention activities and alternative settlement of juvenile vandals are combined. The program offers vandals avoidance of prosecution if they repair and/or pay restitution for their damage or graffiti. The sample consisted of 179 juveniles sent to the programs and a control group of 90 youths who were handled by police in the traditional way. For more than 60% of the referred vandals, the alternative settlement has resulted in lower self-reported recidivism or even stopping of vandalism, as compared to 25% of the control group. Other advantages of the program are discussed.

Löschnig-Gspandl, Marianne and Kilchling, M. Victim/Offender Mediation and Victim Compensation in Austria and Germany: Stocktaking and Perspectives for Future Research

Victim/offender mediation according to Austrian legal doctrine is the generic term for various ways of compensating victims. This includes compensation for any personal injury, loss, or damage caused, whether directly or indirectly, by an offense; reconciliation talks, apologies, and help for the victim; and community service or payments to public welfare institutions. In Austria, victim/offender mediation is a central feature of juvenile justice processing. Germany's criminal law provides for various forms and benefits of mediation for victims of juvenile and adult offenders. These include face-to-face meetings between victim and offender, as well as requirements that offenders compensate victims. From 1992 to the end of 1995, approximately 5,500 charges against adult offenders were settled through victim/offender mediation in Austria. In Germany, from 1977 to 1993 victim compensation imposed by public prosecutors declined from 1.5 percent to 0.7 percent of all dismissed cases. Compensation imposed in cases of court dismissals, however, remained constant at approximately 8.5 percent. In absolute numbers, this is approximately 5,200 cases a year. Evaluation research indicates that victims are most satisfied with victim/offender mediation programs that result in compensation for the victim. They are less committed to mediation that focuses on reconciliation and the resolution of conflict between the victim and the offender. 98 footnotes

Marsh, Peter and Crow, Gill. Family Partners

In this paper, Peter Marsh and Gill Crow report on a study that provided a detailed examination of eighty family group conferences (FGC) in England and Wales. These FGCs were carried out in four social services departments in 1995 and 1996. This document covers the FGC model for decision-making in child welfare cases, the conference process, outcomes of the eighty conferences studied, and participants’ views on the use of the FGC model. Marsh and Crow also point toward next steps to be taken to expand and improve the practice of FGCs in child welfare cases and other areas of welfare work.