All Restitution

Victims' advocate says more energy should be invested in restitution programs

from Michael McKiernan's article on Legal Feeds: Justice systems in the North should invest more energy in developing restitution processes that work, according to a leading Canadian victims’ advocate. Irvin Waller, a professor at the University of Ottawa and the president of the International Organization for Victim Assistance, was a speaker at Justice for All: A Comparison of the Crime Victims’ Rights in the U.S. and Canada, put on by the American Bar Association’s Criminal Justice section this morning.

Art helps heal crime's wounds

from the article by Howard Zehr in the Philadelphia Inquirer: I admit it. Sometimes I have Philly envy. Philadelphia has a Mural Arts Program, and the community in which I live does not. ....I have been drawn to the arts as a way of reframing the challenges of crime and trauma. The arts can engage the whole person to express or understand the harm done and help harness heart and intelligence to reduce isolation. The arts can provide a way to explore what can be done to give back, and to give voice to the full range of human experience. The act of creation can restore a sense of meaning and agency to those who harmed and those who have been harmed.

Ellin, Joseph. Restitutionism Defended

Restitutionism is a perspective that most of what is now considered a crime would be treated as a tort. Criminal law as a distinct body of rules would be abolished, along with most prisons and public police. In civil proceedings victims would seek damages for harms they suffered, and offenders would pay compensation to victims instead of serving time in jail or prison. In this essay, Joseph Ellin defends restitutionism. He contends it would be less expensive and would put the cost of crime back on the criminal. Also, it would aid victims in ways they are not being aided under the current criminal law system. Restitutionism, Ellin writes, holds that compensation is a better response than retribution. It seeks justice through compensation rather than through punishment. Proponents of restitutionism regard the preference for punishment over restitution as morally disturbing. Ellin explores all of this in relation to issues such as deterrence, the needs and rights of victims, types of crimes, and certain practical problems pertaining to restitutionism.

Wilkinson, Reginald A. The Impact of Community Service Work on Adult State Prisoners Using a Restorative Justice Framework

This study is an analysis of the impact of community service work assignment on recidivism of Ohio adult state prisoners. The primary research question posed asks, do prisoners who participate in community service work return to prison less often than those who did not have any community service work experience? The other three research questions ask: does it make a difference with respect to the number of hours of community service work an inmate might accumulate; does participation in community service makes a difference in terms of the length of time between release and return to prison; and lastly, do community service participants return to prison for less serious violations compared to offenders who do not participate in community service work? The restorative justice paradigm is the theoretical underpinning for this research. This restorative model stresses community participation, victim reparation, and offender rehabilitation as a holistic approach to crime prevention and community/victim restoration. This study furthermore proposes that the educational foundations philosophy supports the restorative justice model because of its concentration on community participation in pedagogy and educational development, in this case for offenders. Author's abstract.

Roht-Arriaza, Naomi. Reparations Decisions and Dilemmas

Naomi Roht-Arriaza asserts that it is a basic maxim of law that harms should be remedied. All legal systems, including international human rights law, provide for redress of wrongs in some form – with restitution, compensation, and reparation being common legal means of redressing wrongs. Yet, few reparations have actually been paid in the wake of mass atrocities. Roht-Arriaza poses the question why there is this discrepancy between word and deed, between the legal acknowledgement of reparation and the actual payment of reparation. To address this question, she looks at difficulties in considering reparation for mass atrocities, legal guideposts and past practices that might be applicable to reparation in this context, and alternatives to court-ordered reparations.

Strehorn, Molly Ryan. Restorative Probation in Franklin County, Massachusetts: A Qualitative Evaluation

In Franklin County, MA, Restorative Probation, which began in 1996 serving residents of the county through the courts, is a partnership program under the Reinventing Justice Project. Restorative Probation is an alternative rehabilitation program in which offenders meet with a group of community volunteers, the victim, and anyone else impacted by the crime. Restorative justice is used around the world to heal the relationships damaged by crime. With the main goal of restorative work to heal relationships damaged by crime, it is extremely difficult to measure its outcomes through evaluation. Since its inception in 1996, Restorative Probation has not had a formal assessment. This qualitative evaluation of Restorative Probation concentrates on the impact that the program has on offenders. A survey was utilized which concentrated on the probationers who successfully completed the program in the past 4 years. The evaluation indicates that the program is making great strides in the process of healing the relationships damaged by crime. The key values provide a solid framework for programs such as Restorative Probation to offer holistic approaches to community justice. The implementation of the Reinventing Justice project in Franklin County shows strong community activism and willingness on the part of the civic leaders to try new methods. Recommendations were presented on ways to improve Restorative Probation. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Quigley, William P. Prison Work, Wages, and Catholic Social Thought: Justice Demands Decent Work For Decent Wages, Even for Prisoners

Outside of prison, work and wages, or the lack of either, are often occasions for injustice. However, when the issues of work, lack of work, and fair wages arise within the prison system, a hothouse of injustice flourishes. Currently most of the two million people in jails and prisons in this country are not working. Those who do work overwhelmingly do not receive fair pay for their labor. Because prisoners are mostly idle, they are not able to support their families on the outside, make restitution to victims, or contribute to their own support. Work is a social good, as are support of families and restitution to victims. Yet two million are idle. Catholic social thought has some simple yet profound justice ideas to contribute to this issue, such as essential human dignity of all, reconciliation, rehabilitation, and the right to a work for a family wage. This article briefly explores these ideas and examines the intersection of prison work, prison wages, law, Catholic social thought, and justice and ends with a call for a new way of looking at prison work and prison wages. (excerpt)

Mackay, Robert. A Humanist Foundation for Restitution

This paper makes a case for an ethical underpinning for restorative justice. This approach is developed from a neo-Aristotelian perspective. It adapts the conceptual framework of Alasdair MacIntyre for the articulation and resolution of epistemological crises in traditions of enquiry, to the task of providing a critical and analytic framework for considering the crisis of rationale and practice in the contemporary criminal justice-penal archipelago. The author argues that Restitution, conceived in neo-Aristotelian terms, provides a resolution of that crisis. Finally, he foreshadows a debate to be had between the neo-Aristotelian position, and that of Critical Theory on the issue of legitimizing Restitution. (author's abstract)

Khoza, V. I. and Potgieter, P. J. and Cilliers, C. H. and Khoza, V. I. and Michell, L. J. and Potgieter, P. J.. Correctional Officers' Perceptions of Restorative Justice

The contemporary criminal justice model has focused heavily on retribution and on the punitive punishment of offenders. Shifts have been occurring in this dominant criminal justice ideology that push for more restorative models of justice, which involve the active participation of the offender, victim, and community in restoring justice to all parties. An integral part of this process is the acceptance of responsibility by the offender. The current study assessed how correctional officers at seven correctional centers in South Africa perceive aspects of restorative justice. Participants were 401 arbitrarily selected correctional officers, representing all ranks, who completed a closed, structured questionnaire that probed perceptions of restitution, restoration between the offender and victim, rehabilitation, and prison overcrowding. Results are delineated based on gender and rank of responding correctional officer. Overall, the findings suggest support for a restorative justice model, particularly the aspects of monetary compensation for crime victims and the rendering of services by offenders to communities impacted by their offenses. Results also indicate that correctional officers believe a restorative justice model can reduce recidivism and reduce prison overcrowding. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Smith, Hayden P.. Violent Crime and Victim Compensation: Implications for Social Justice.

Restorative justice offers several innovative methods designed to heal the injury that the offender may have caused to the victim. One of these innovative methods is victim compensation, a form of income redistribution designed to redistribute wealth from offenders to victims of crime. Restitution, particularly through the Victim of Crime Act (VOCA), is a needs-based form of justice designed to assist the most needy victims of violent crime. Recent studies suggest that while state-level compensation programs may target poor, young, African American men, compensation at the national level tends to be received more by older. White women who experienced domestic violence. The author suggests that this disparity between state and local resource distribution in the allocation of victim compensation is a reflection of the ideological differences between the established theoretical frameworks of liberalism and radical feminism.

. Integrating restorative approaches in victim's compensation and assistance.

This paper provides a critical assessment of the legislation establishing criminal injuries compensation and victim assistance schemes across the states and territories of Australia. These programs are assessed in terms of the extent to which they limit a victim’s participation in the criminal jurisdiction for an alternative administrative milieu that actually removes the victim from the criminal law. The extent to which this restoration occurs in an administrative framework as an adjunct to the criminal jurisdiction is assessed with the view to provide the victim of crime greater access to the criminal law as the site of the resolution of the criminal offence. Issues regarding the integration of victim interests, such as the need to preserve defendant rights, is discussed. (author's abstract)

Restorative justice and the challenge of prison reform

from Brian Steels' recent paper: Crucially, prisoners have to learn to accept responsibility for the harm their criminal activities have caused to individual victims, family and neighbourhood. This largely transformative component is implemented at the beginning of any given prison sentence and is maintained throughout the term of custody. ....Wherever practical and possible, prisoners are made responsible for any financial compensation owed to victims. To this end, a restoration fund may be established and prisoners able to earn money in order to pay victim compensation. This encourages a degree of responsibility in prisoners whilst providing reparation for victims.

'Why I confronted the man who raped me’

from David Barrett's article in The Sunday Telegraph: Dr Claire Chung, who has agreed to waive her anonymity in The Sunday Telegraph, was raped twice in the stinking stairwell of a multi-storey car park, and the crime caused her life to collapse “like a pack of cards”. Dr Chung, a highly regarded GP with more than 20 years’ medical experience, lost her job, her marriage and her home after being raped by Stephen Allen Gale, who had been released from prison for another sexual offence just one day earlier. But following the attack, which she described in chilling detail, Dr Chung negotiated with the authorities to allow a meeting with Gale in prison. The meeting was organised as part of a “restorative justice” scheme, which brings criminals face to face with their victims.

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Restorative Justice Centre helps change Roman Dutch law:

from the RJC's website: ....The Restorative Justice Centre entered as amicus curiae in Le Roux v Dey, represented by the Centre for Child Law. Their submissions argued the common law should be developed to include a procedural step requiring reasonable engagement before court proceedings can be lodged. This way attempts to apologise must be the first resort, that failing, court proceedings may then be implemented. This is particularly important in cases involving children, as they are still developing and will naturally make mistakes as they grow and develop. The submissions were largely successful.

Lisa Rea interviews Stephen Watt

by Lisa Rea: The following interview is with Stephen Watt, a former Wyoming state trooper and two term state legislator who was shot multiple times by a fleeing bank robber. Lisa Rea's interview focuses on how the impact of a severely violent crime continues 20 years later. Mr. Watt has met with the offender, forgiven him and a friendly relationship has grown up between them. Nevertheless, he continues to suffer. Can restorative justice open doors for further healing in a victim of violent crime who is suffering continuing, severe trauma?

Submission of Victims' Rights

A response prepared by the Restorative Justice Centre at AUT University in New Zealand to the Ministry of Justice's discussion document, "A Focus on Victims of Crime: A Review of Victims' Rights."

Africville apology is a start, not an end

from Mike Barber's entry on Internet Health Info: This week's apology by city of Halifax Mayor Peter Kelly, for the evictions and razing of the African-Canadian community of Africville in Nova Scotia during the 1960s, marks a small but significant moment in the history of slavery and racism in Canada. The official apology issued February 24, 2010, made on behalf of Halifax Regional Council and Halifax Regional Municipality (HRM), was accompanied by terms of the 2005 agreement reached between the municipality and the Africville Genealogy Society, which, along with a formal acknowledgment of loss, included: * $3 million (CAN) contributed towards the reconstruction of the Seaview United Baptist Church which will serve as a memorial to Africville; * 2.5 acres of land at Seaview Park to be provided to the Africville Heritage Trust Board; * a park maintenance agreement to be established between Africville Heritage Trust and HRM for the lands known as Seaview Park; * and, the establishment of an African-Nova Scotian Affairs function within HRM.

"Belinda's Petition" a perfect primer on the subject of reparations

from Mike Barber's entry on The Huffington Post: Only 65 pages in length, Belinda's Petition is exactly what it describes itself to be: a concise overview of the long history of struggle to repair the damage wrought by the transatlantic slave trade, making it a perfect primer on the subject of reparations. Winbush begins with the story of the first formal record of a petition for reparations made in the US, which was made in Massachusetts in 1783 by an ex-slave known only as "Belinda". Belinda, who was about 70 years old at this time and had been kidnapped from her home in Ghana before her 12th birthday, petitioned the Massachusetts legislature for the years of unpaid labour for her former slave master. Belinda argued that Isaac Royall--who had since escaped to Nova Scotia--profited from her labour, which entitled her to lay claim to his estate. She won and was granted £15,12 shillings per year payable from the Royall family estate. From there, Belinda's Petition moves through the different epochs of the reparations movement from the early 15th Century to the present. By correcting misconceptions and exposing myths about the reparations movement, Winbush shines a light on what is arguably the greatest crime against humanity to date.

. Mending fences: reparation and the reorientation of young people in the secure estate.

The paper is informed by the findings of mixed method study of the Duke of Edinburgh intervention at selected secure estate establishments in England and Wales, drawing on the findings of an Attitude to Offending instrument (CRIME-PICS11) and accounts of young people and secure estate staff. Young people’s CRME-PICS responses are examined through qualitative data from focus groups with young people and interviews with staff delivering the intervention. The findings highlight the importance study participants placed on development of interpersonal relationships between young people, and between them and others within and outwith the secure estate. The authors suggest that, notwithstanding constraints on delivering interventions in the secure estate, reparation activities can be achieved with incarcerated young people, which may assist young offenders’ short-term strategies in managing day to day incarceration and long-term strategies of re-integration, acceptance by the community, and improved life opportunities in the future. The authors argue that while reparation activities, which do not involve face to face contact with victims, are often presented as a poor relative of restorative justice ‘proper’, they are not only more realisable in custody, but offer potential to facilitate development of fundamental social interpersonal skills which underpin young people’s rehabilitation. (author's abstract)