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Barnes, Geoffrey. Procedural Justice in Two Contexts: Testing the Fairness of Diversionary Conferencing for Intoxicated Drivers

Fairness is a central issue in our scientific understanding of the law and criminal behavior. The fairness of legal proceedings has long been of interest in a variety of disciplines, but only recently have theory and research in criminology begun to focus upon the effects of fairness on illegal behavior. Procedural justice theory suggests that offenders who believe that they have been treated fairly will also be less likely to reoffend in the future. Empirical research has been generally supportive of this prediction, but is rather limited in volume and has been unable to establish an unambiguous direction of causality. The analysis presented here is a preliminary effort to bring the power of randomized experimentation to the criminological study of fairness. An Australian field experiment has randomly assigned 900 persons, all arrested for intoxicated driving, to one of two methods for dealing with their offense. Half of these drivers have had their cases referred to the courts in the traditional manner, while the other half have been offered the opportunity to attend a diversionary conference instead of going to court. Among other things, these conferences--which are broadly based upon the restorative justice ideals outlined by Braithwaite (1989; 1998)--are thought to be substantially different from court in terms of the fairness they offer to the offenders who participate in them.

Brignell, Georgia and Smart, Jane and Lawrie, Rowena and Brignell, Georgia and Potas, Ivan and Lawrie, Rowena and Thomas, Brendan and Brignell, Georgia and Smart, Jane and Potas, Ivan. Circle Sentencing in New South Wales: A Review and Evaluation

Part 1 presents the background and concept of circle sentencing. The process involves community members and offenders coming together to discuss the offense, the offender, and the consequences of the offense. The goal is to jointly arrive at an appropriate sentence for the offender. This justice process enjoyed success in Canada, spurring officials in New South Wales to adapt the process for use with Australian Aboriginal communities. A pilot circle sentencing initiative was undertaken at Nowra beginning in February 2002. The pilot program had 13 offender participants: 11 male and 2 female offenders. Part 2 reviews the circle sentencing procedures used in Nowra. Eight case examples of circle sentencing proceedings are presented throughout part 2 in order to demonstrate its practice. The case studies describe the circumstances of the offense, the proceedings, the sentence, and the progress reports at follow-up. Part 3 presents program evaluation results for the first 12 months of the programxe2x80x99s operation. Participants in circle sentencing were surveyed throughout 2002. Surveys were completed by community members, defense solicitors, police, prosecutors, the magistrate, defendants, and victims. The evaluation indicates that circle sentencing in Nowra has been effective in many ways. This type of justice model has been effective at reducing barriers between the courts and Aboriginal people; raising the level of support for Aboriginal people; incorporating victim support; empowering the Aboriginal community; offering relevant sentencing options with community support; and reducing recidivism. Part 4 assesses the role of circle sentencing in New South Wales given the success of the first circle sentencing pilot program. Given the positive results of the program, the only deficit discovered was the time commitment required to process an offender through circle sentencing. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.org.

Cunningham, Teresa. Pre-court diversion in the Northern Territory: impact on juvenile reoffending.

A juvenile pre-court diversion scheme was introduced in the Northern Territory in 2000. Administered by police, it uses warnings and conferences to divert selected juveniles from the court process. This paper reports on an analysis of Northern Territory police records on 3,597 apprehended juveniles over a 5 year period. Findings showed that the great majority of juveniles (76%) did not reoffend within the first year after their initial diversion or court appearance. However, there were significant differences between juveniles who attended court and those who were diverted, both in terms of risk of reoffending and time to reoffending. Those who were diverted reoffended less than those who attended court and those who went to court reoffended more quickly. Property offenders who attended court were 30 percent more at risk of reoffending than violent offenders. Further work is required to see if the different effects for court versus diversion remain if prior offending history is taken into account. The significant differences in offending related to age, gender, Indigenous status and location confirm the need for specific responses to particular groups of juveniles. (author's abstract)

Daly, Kathleen and Curtis-Fawley, Sarah. Restorative Justice for Victims of Sexual Assault

This article analyzes the use of restorative justice (RJ)practices in cases of juvenile sexual assault through the use of two case studies from South Australia. Following the analysis, the authors conclude that the empowering process of RJ for victims of sexual assault may be one way of “redefining the realities” of these crimes. The two cases of sexual assault involved youthful male offenders and youthful female victims and both were finalized by a family conference in South Australia. The first case involved a confident victim who was described as knowing what she wanted from the family conference process. Although she had a positive experience, the victim had two main criticisms of the process. First, she believed the process was procedurally unfair in that she had no influence over what should be included in the agreement. Second, the victim believed the agreement was too lenient on the offender. In the second case study, which involved intrafamilial sexual intercourse, family conflict clouded the conference and the victim reported feeling intimidated by the offender during the process. Each case is followed by a discussion of the problems and benefits of using RJ practices in sexual assault cases in light of the experiences of the victims. One of the main problems cited with the use of RJ for sexual assault cases was the power imbalances that were evident between victims and offenders as well as between victims and offender advocates and youth court staff. Benefits to utilizing an RJ approach included victim empowerment through telling their stories and the requirement that offenders take responsibility for the offense. The case studies presented here were drawn from an in-depth study of 14 sexual and family violence cases finalized by family conference during the last part of 2005 in South Australia. An archival analysis was also performed on 387 juvenile sexual offenses finalized between 1995 and 2001 by formal caution, conference, or in Youth Court.

Diverting Young Adults from Prison in NSW

The New South Wales (NSW) Bureau of Crime Statistics and Research recently released an evaluation report of a pilot community conferencing programme targeting young adults. The programme seeks to divert persons between the ages of 18 and 24 from prison to community conferences. The report discusses results from a survey of conference participants as well as interviews and focus group meetings with key stakeholders in Liverpool and Tweed Heads – the two local courts participating in the pilot programme.

Harris, Nathan. Family Group Conferencing in Australia 15 Years On.

This paper provides a comparison of the implementation and use of conferencing in Australian States and Territories, and discusses the implementation of conferencing relative to the original conferencing model developed by New Zealand. While Australian States may not systematically empower families in the same way as New Zealand, this does not mean that the conferencing programs in Australia are not of considerable value. Conferences that are conducted offer families an important chance for reflection, empower families to develop their own plans to various degrees, and have many other benefits. A number of Australian jurisdictions have developed strong conferencing programs in which there is considerable expertise in facilitation. Family group conferences were first legislated for in New Zealand in 1989 and today family group conferences represent a significant innovation in child protection practice. Their success in engaging families and communities in problem-solving seems to be unique. Child protection systems in Australia, as in many other countries, have subsequently introduced conferencing programs. The first trial in family group conferencing was initiated in Victoria in 1992. This paper is based on a report that was prepared for the Australian Center for Child Protection. A workshop sponsored by the Center in 2005 brought together conferencing practitioners from a number of States and Territories to discuss the current use of conferencing in Australia. What emerged was a sense that little information was available about those programs and a fear that the early progress made had stalled. In response, the Australian Center for Child Protection decided to conduct a study that mapped the adoption of conferencing in child protection systems across Australia. This paper provides a synopsis of the project report.(Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov).

Harris, Nathan. Reintegrative Shaming, Shame, and Criminal Justice.

This study tested the implication of reintegrative shaming theory (RST) (Braithwaite, 1989) that social disapproval (shaming) has an effect on the emotions that offenders feel. Interviews were conducted with 720 participants who had recently attended a court case or family group conference in the Australian Capital Territory, having been apprehended for driving while over the legal alcohol limit. Analyses show that shame-related emotions were predicted by perceptions of social disapproval, but that the relationship was more complex than expected. Differences between the shame-related emotions may have implications for theory. Comparisons between the court cases and family group conferences were consistent with expectations that restorative justice interventions would be more reintegrative, but also showed that they were not perceived as less stigmatizing. (author's abstract)

Hassall, I and Maxwell, Gabrielle and Robertson, J. and Maxwell, Gabrielle. A Briefing Paper: An Appraisal of the First Year of the Children, Young Persons and Their Families Act 1989

Three papers describe changes brought about by the New Zealand Children, Young Persons, and Their Families Act 1989. The first paper examines the Family Group Conference as an innovative method of involving families in statutory care and protection and youth justice processes. The second paper presents statistical data for 1990 on the disposition of children and youth who came to attention, under either the care and protection or youth justice provisions of the Act. The third article finds that the number of arrests, court appearances, convictions and court orders sharply decreased following passage of the act.

Hayes, Hennessey and Prenzler, Tim and Palk, Gerard and Hayes, Hennessey. Restorative justice and community conferencing: summary of findings from a pilot study

Empirical research in juvenile justice has not kept up with the central momentum of 'restorative justice' reforms. While there seems to be growing support for the restorative notion of various initiatives like victim-offender mediation and conferencing, there has been relatively little systematic research on the effectiveness of such initiatives. Recognizing the need for systematic evaluation of these types of initiatives, the Queensland Department of Justice commissioned an evaluation of its 'community conferencing' pilot project. (excerpt)

Hayes, Hennessey. Youth Justice Conferencing and Re-Offending in Queensland

Community conferencing was introduced in Queensland with proclamation of the amended Juvenile Justice Act 1992. A community conference is a meeting where young offenders, their victims and supporters come together to discuss the offence and what should be done about it. In April 1997 the Queensland Department of Justice initiated a "pilot" conferencing project in two southeast jurisdictions (Logan and Ipswich). From February to May 1998, colleagues and I (Hayes et al. 1998) evaluated the two southeast projects. Results showed that participants (ie., offenders, victims and supporters) were largely satisfied with conferencing processes and felt they had been treated fairly and with respect. In this paper I summarise findings from the first conferencing and re-offending study undertaken in Queensland. The study is grounded on data collected from young offenders conferenced from April 1997 to May 1999 (N=200). The main findings are consistent with results from similar studies in New Zealand and South Australia and show that young persons’ prior offending histories bear heavily on post-conference behaviour. Just over half (51%) of young people conferenced came to their restorative event with prior officially detected offending, and a similar proportion (56%) went on to commit a further offence. While post-conference offending did occur, median annual post-conference offending rates were nominal (one offence per year). Furthermore, in Queensland, the effect of conference features in dissuading further offending behaviour was difficult to discern largely because conferences in the Queensland context are less variable events compared to other jurisdictions. That is, levels of participant satisfaction with conference events and outcomes were very high (mid- to high-90% range) and stable across participant groups; conference size and duration were not related to post-conference outcomes. Author's Abstract.

Juvenile Re-Offending after Family and Victim Offender Conferences

In 2000, the Australian state of Northern Territory implemented a juvenile pre-court diversion scheme. Teresa Cunningham summarizes her research study into the scheme’s impact on re-offending.

Maxwell, Gabrielle and Morris, Allison. Research on Family Group Conferences With Young Offenders in New Zealand

This analysis reports data on family group conferences for more than 200 juvenile offenders in New Zealand in 1990 and 1991. The principles underlying family group conferences are new, radical, and exciting in that they emphasize diversion, restorative justice, and responding to the needs of youth through strengthening families and acknowledging cultural differences. Results revealed that these conferences achieved diversionary outcomes for the great majority of young offenders. However, crucial questions have been raised about the system's fairness and its ability to achieve its ideals. Although the process has greater potential than traditional processes to achieve these goals, much depends on practice, resources, and the systems that support the processes.

Maxwell, Gabrielle. Achieving Effective Outcomes in Youth Justice: Implications of new research for Principles, Policy and Practice

New research from New Zealand follows up the file outcomes over three years for 1003 young people aged 16 years who had family group conferences in 1998. Five hundred and twenty of them were interviewed. Observational data and interviews were collected from another 115 cases in 2001/2002. Findings are presented on the extent to which restorative goals have been implemented. Critical factors predicting outcomes are identified and the implications of these for policy and practice are discussed. The research demonstrates that the nature of the youth justice does affect critical outcomes for young people: both in terms of reducing offending and increasing the probability of other positive life outcomes. Restorative practices that include empowerment, the repair of harm and reintegrative outcomes make a positive difference while the extent of embeddedness in the criminal justice system, severe and retributive outcomes and stigmatic shaming have negative effects. There are also important findings for crime prevention that suggest the need to focus on support for families, the importance of educational qualifications and the need to respond effectively when children first come to the attention of the welfare and youth justice systems. Proposals are made for standards against which practice can be assessed. Abstract courtesy of the Centre for Justice and Peace Development, Massey University, http://justpeace.massey.ac.nz.

Maxwell, Gabrielle. Achieving Effective Outcomes in Youth Justice:Implications of new research for Principles, Policy and Practice

New research from New Zealand follows up the file outcomes over three years for 1003 young people aged 16 years who had family group conferences in 1998. Five hundred and twenty of them were interviewed. Observational data and interviews were collected from another 115 cases in 2001/2002. Findings are presented on the extent to which restorative goals have been implemented. Critical factors predicting outcomes are identified and the implications of these for policy and practice are discussed.The research demonstrates that the nature of the youth justice does affect critical outcomes for young people: both in terms of reducing offending and increasing the probability of other positive life outcomes. Restorative practices that include empowerment, the repair of harm and reintegrative outcomes make a positive difference while the extent of embeddedness in the criminal justice system, severe and retributive outcomes and stigmatic shaming have negative effects. There are also important findings for crime prevention that suggest the need to focus on support for families, the importance of educational qualifications and the need to respond effectively when children first come to the attention of the welfare and youth justice systems. Proposals are made for standards against which practice can be assessed. Author's Abstract.

Moore, David B and Forsyth, Lubbica and O'Connell, Terry and Forsyth, Lubbica. A New Approach to Juvenile Justice: An Evaluation of Family conferencing in Wagga Wagga

This report is concerned with a process known as the family group conference, the basic principles of which are simple. In the wake of an offence, and where guilt is admitted, victims, offenders, and their supporters are given an opportunity to meet in the presence of a coordinator or facilitator. Conference participants are encouraged to discuss the direct or indirect effects of the incident on them. They may then negotiate plans for repairing the damage and minimising further harm arising from that incident. The conference process is guided by participatory democratic principles. It seeks a just response to a harmful breach of social and/or legal norms.

Moore, David B and O'Connell, Terry. Family Conferencing in Wagga Wagga: A Communitarian Model of Justice

Originally part of a contribution to a debate at Melbourne University, this paper describes the Wagga Model and engages with academic critics, giving particular regard to the perspective of local police, welfare and legal workers. The origins of the Wagga Wagga model of family group conferences is explained, difficulties in its implementation described, and its modification based upon Braithwaite's theories discussed. The theoretical basis for the model is discussed and the authors respond to some of the criticisms of this version of FGCs. The early evaluation effort and its results are briefly described and the application of the approach to schools is discussed. Finally, seven case studies are presented describing case background, police intervention, the caution process, outcomes and issues for each.

Palk, Gerard and Johnson, Lyn and Pollard, Gail and Johnson, Lyn. Community conferencing in Queensland

Community conferencing for juvenile offenders began in Queensland in 1997. This report covers the legislation in Queensland behind community conferencing. Three pilot projects are described, including information on project evaluation, data collection about actual conferences, project outcomes, and participant responses (with respect to accountability, reintegration, and recidivism). Two common concerns about the program are addressed – victim participation, and fair agreement outcomes for offenders. Future considerations for implementation of community conferencing are recognized. They relate to pre-conference preparation, conference convening, and ongoing monitoring of outcomes.

Paulin, Judy and Kingi, Venezia and Lash, Barb and Kingi, Venezia. The Wanganui Community-Managed Restorative Justice Programme: An Evaluation

The Ministry of Justice, in consultation with the Wanganui providers, commissioned this evaluation of the Wanganui Community-Managed Restorative Justice Programme in 2003. The programme is funded by central government through the Crime Prevention Unit, Ministry of Justice. The programme was selected for evaluation because it was considered to be well managed and effective. The evaluation objectives were to: 1. describe the programme - its history, the context in which it operates, delivery, objectives and resources; 2. determine the effectiveness of the programme, in relation to its objectives; 3. contribute to the development of best practice principles for community-managed restorative justice programmes; and 4. describe the extent to which this programme has contributed to the further development of the partnership between government and communities. The extent to which the programme has developed its services to meet the needs of M�ori, Pacific, and other cultural groups was also to be examined. (excerpt)

Paulin, Judy and Lash, Barb and Kingi, Venezia and Lash, Barb and Huirama, Tautari and Kingi, Venezia. The Rotorua Second Chance Community-Managed Restorative Justice Programme: An Evaluation

The Ministry of Justice, in consultation with Mana Social Services, commissioned this evaluation of the Rotorua Second Chance Restorative Justice Programme in 2003. The programme is funded by central government through the Crime Prevention Unit, Ministry of Justice. The programme was selected for re-evaluation so that best practice principles for community-based restorative justice programmes utilising tikanga-based practices might be identified. The evaluation objectives were to: 1. describe the programme - its history, the context in which it operates, delivery, objectives and resources; 2. determine the effectiveness of the programme, in relation to its objectives; 3. contribute to the development of best practice principles for community-managed restorative justice programmes utilising tikanga-based practice; 4. describe the extent to which this programme has contributed to the further development of the partnership between government and communities. (excerpt)

People, Julie and Trimboli, Lily. Evaluation of the NSW Community Conferencing for Young Adults Pilot Program.

This evaluation of a pilot community conferencing program for young-adult offenders (ages 18-24) in New South Wales (Australia) measured conference participants' and key stakholders' satisfaction with the program.The vast majority of victims, offenders, and their support persons who participated in this evaluation were satisfied with the various stages of their conferences, from the preconference preparation stage, through to the conference itself and the draft intervention plans developed by the participants. Most stakeholders (magistrates, senior and operational police, conference facilitators, and program management staff) believed that the conferencing program was effective in achieving its objectives of increasing offenders' awareness of the consequences of their offenses for the victims and the community, encouraging offenders to take responsibility for their offenses, and meeting the needs of victims and the community. Some police officers believed, however, that the extent to which the offender was willing to cooperate determined whether or not these objectives were met. The pilot program was intended to target offenders who were likely to be facing imprisonment, which should have reduced the proportion of offenders sentenced to prison in the two pilot sites. This did not occur for either of the sites. Recommendations by stakeholders include a gradual expansion of the program across the State, clear articulation of program objectives, modification of eligibility criteria to include all adult offenders, clearer delineation of the police role in the conference process, and more consistent application by magistrates of the eligibility criteria. Participants' satisfaction with the program was measured with a short, structured questionnaire completed at the end of each conference. Questionnaires were returned from 171 conferences held between September 12, 2005, and October 31, 2006. Interviews or focus groups were held with stakeholders. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.