Evaluation

Evaluations looking at the effectiveness of restorative justice programmes show an increase in satisfaction for both victim and offender.

. 'Joe everyday, people off the street': a qualitative study on mediators' roles and skills in victim-offender mediation.

This qualitative study examined multiple perspectives of participants who experienced a Victim-Offender Mediation (VOM) program in a Midwestern city in the United States. Of particular interest are the roles and skills of mediators. Data consisted of 34 face-to-face interviews with 37 participants including adult crime victims, juvenile offenders and their parents, mediators and representatives from referring agencies. Insider perspectives regarding the roles and skills of the mediators in restorative processes were revealed through personal stories. Although the majority of the participants reported that the roles and skills of mediators were consistent with restorative justice principles, this exploratory study also revealed that some roles and skills exhibited by mediators were inconsistent with restorative justice values, which shows the variance of 'real world' restorative justice. Recommendations are made to promote mediators' roles and skills that are compatible with restorative justice principles. (author's abstract)

. Restoration or retribution: An empirical examination of the recidivistic patterns of a group of young offenders from New York City.

This study uses a data set on adolescent offending, originally collected by a team of researchers at the Vera Institute of Justice in New York City, to critically examine the role of incarceration in criminal rehabilitation. A theoretical explanation of recidivism is constructed using four criminological theories: life course theory (Sampson & Laub 1993), differential association theory (Sutherland 1939), deterrence theory, and reintegrative shaming theory (Braithwaite 1989). This thesis uses these theories to investigate societal factors that may contribute to young offenders‘ recidivism (versus successful rehabilitation). It is argued that youths who: (1) come from unconventional family environments, (2) possess deviant peer associations, (3) receive incarceration as punishment, and (4) undergo a stigmatizing shaming process are more likely to recidivate. The combination of these factors is also expected to be intensified during incarceration. An empirical examination of the effects of these factors on recidivism supports the main hypotheses advanced. Although conventional family environments and deviant peer associations are successful in determining first-time offending, results from this study suggest that these are inadequate as predictors of recidivism. Conversely, an extension of Braithwaite‘s (1989) reintegrative shaming concept was found to be a strong predictor of subsequent offending. Medium sentence lengths in prison were associated with increased risk to recidivate. Most importantly, the results gathered some support for restorative justice approaches to criminal rehabilitation. Future considerations for recidivism research are explored. (author's abstract)

. Restorative Justice’s Impact on Participants’ Psychological and Physical Health.

Research on restorative justice has cited many positive benefits for participants. For example, restorative justice processes are satisfying to both victims and offenders. However, despite references made to positive impacts on participants’ well-being, few studies specifically examine the impact of restorative justice processes on participants’ psychological health and physical health using specific health indicators. This study utilized a quasi-experimental, repeated-measures design to assess changes in psychological and physical health in 92 participants (50 victims and 42 offenders) who experienced a restorative justice process. Results indicated that the majority of participants did experience positive changes from pre-program to post-program. Future research directions and limitations are discussed. (excerpt)

. School-based restorative justice as an alternative to zero-tolerance policies: Lessons from West Oakland.

In this report we examine a pilot restorative justice program at a school that primarily served students of color from low-income families. We document the implementation of the program at Cole Middle School in West Oakland, California, and the observations and perceptions of those who participated in it. We also draw lessons from Cole’s experiences that we hope will be helpful to those interested in implementing school-based restorative justice. (excerpt)

. Second chances: An examination of juvenile offenders' experiences with a restorative justice program.

Research indicates that restorative justice diversions programs are becoming increasingly more popular and more successful as alternatives to standard diversion programs for juvenile offenders. Although there is ample research on restorative justice programs for adult offenders, more can be learned concerning the efficacy of these programs for juvenile offenders. This study uses a triangulated research method utilizing two datasets: an official court record dataset containing 4,197 juvenile offenders and a self report dataset with 229 participants. Structural equation models tested the relationships between extralegal variables such as gender, race, age and school status, and legal variables such as prior offenses and severity of current offenses, with the outcome variable of recidivism. A thematic analysis explored the perceptions and experiences of the self-report data participants. These analyses and the conclusions within inform restorative justice policy on the efficacy of restorative justice diversion programs for juvenile offenders as well as illuminate areas of improvement for established diversion programs. Furthermore, this research offers policy implications and suggestions for future research. (author's abstract)

Baffour, Tiffany D. Ethnic and Gender Differences in Offending Patterns: Examining Family Group Conferencing Interventions among At-Risk Adolescents.

This secondary study looked at the importance of ethnicity and gender in influencing the relationship between Family Group Conferencing and (FGC) recidivism. The FGC is a mediation procedure involving offenders, their families, and victims of their crimes in which outcomes of material and emotional restitution are sought. Offenders, randomly sampled to participate in a control or experimental group, were sampled via mail, telephone, and in-person interviews. Data from court records were utilized to obtain recidivism rates over an 18-month period. Multivariate analysis indicated a statistically significant difference between the re-arrest rates of FGC participants and non-participants. Female offenders were more likely to avoid arrest than their male counterparts. This study found that ethnicity was not a statistically significant indicator of re-arrest. The FGC has efficacy for juvenile offenders as (1) a cost-effective method to intervene with offenders in their own communities (2) provides alternatives to formal adjudication for vulnerable populations—females and people of color. (author's abstract)

Balfour, Gillian. Falling Between the Cracks of Retributive and Restorative Justice: The Victimization and Punishment of Aboriginal Women.

In 1996, the Canadian government introduced progressive sentencing law reforms that called for special consideration of the conditions in Aboriginal communities as legacies of colonialism and to limit the use of incarceration. At the same time, feminist-inspired law reforms sought compulsory criminalization and vigorous prosecution of gendered violence. Since that time, there has been a doubling of the rate of imprisonment of Aboriginal women, and gendered violence is three and a half times greater in Aboriginal communities. Using the sentencing decisions of two cases involving Aboriginal women convicted of manslaughter, the author explores the practice of law as a site of backlash and an appropriation of feminist-inspired antiviolence strategies. The author draws on feminist and critical race studies of restorative justice in the context of gendered violence to examine why the victimization–criminalization continuum has not been fully recognized in the practice of restorative justice. (author's abstract)

Baron, Linda. Fourteen Months in a FEMA Field Office: A Special Kind of Community Mediation.

Mediating in FEMA was nothing like the court, community, and agency-based programs that I was familiar with. There were no intake forms, no dedicated mediation rooms, no established protocols or procedures, and no one knew much about mediation and conflict resolution. In most mediation programs, mediation is an alternative to something – an alternative to litigation, prosecution, investigation, or some other kind of more formal process. In FEMA, when workplace disputes become intolerable, someone is usually “released” (i.e., sent home). That person may eventually be deployed to another disaster, and might even find himself working next to the same person he had a conflict with in the last disaster. One of our tasks, as in any workplace mediation program, was to facilitate more satisfactory resolution of conflicts both for the present situation, and for t he future. (excerpt)

Cameron, Angela. Restorative Justice: A Literature Review

This literature review will examine whether current research shows restorative justice to be a safe, effective criminal justice response to cases of intimate partner violence in Canada. ‘Restorative justice’ will be defined in the literature review itself, through an examination of relevant literature and practice. ‘Intimate partner violence’ will be discussed as defined by British Columbia’s Violence Against Women in Relationships Policy (VAWIR). For the sake of brevity, the term ‘intimate violence’ will be used. The term “victim’ will refer generally to victims of crime, including crimes of intimate violence. The term ‘survivor’ will refer specifically to victims of crimes of intimate violence. The primary focus of this research paper will be on adults. Where available materials analyzing intersectionalities such as race, ethnicity, culture, (dis)ability, sexual orientation, age, and poverty will be included. Where there is a significant body of literature (for instance regarding Aboriginal peoples), a separate analysis will be included. (excerpt)

Choi, Jung Jin. Opening the "Black Box": A Naturalistic Case Study of Restorative Justice.

To develop an in-depth understanding of restorative justice process, this study examined multiple perspectives of the participants’ experiences of a Victim Offender Mediation (VOM) program operating in a Midwestern city. The primary data source was 34 face-to-face interviews conducted with 37 participants including adult crime victims, juvenile offenders and their parents, and service providers involving mediators and referral sources. Findings highlight that VOM helped participants put a face on crimes, which led them to acquire the unseen impact of the crimes. In general, the participants, including the victims, overwhelmingly indicated having had positive experiences. However, findings also indicated some insensitive approaches toward the victims, which reflect the offender-focused mind-set of the practitioners. This study brings forth the detailed and rich stories from an insider’s perspective on restorative justice, helping us to take a closer look at what is aptly referred to as the “black box” of restorative justice. (author's abstract)

Cohen and Odgers, Candice and Glackman, William and Cohen and Ray Corrado. and Odgers, Candice. "Serious and Violent Young Offenders' Decisions to Recidivate: An Assesment of Five Sentencing Models

"Five models of sentencing were assessed with respect to their impact on the decisions of young offenders to recidivate. The five sentencing models tested were fairness, deterrence, chronic offender lifestyle, special needs, and procedural rights. A sample of 400 incarcerated young offenders from the Vancouver, British Columbia, metropolitan area were asked questions regarding their attitudes toward these sentencing models and their intentions to recidivate after serving a period of incarceration. Principal components analyses suggested that although these models do not function independently, two composite models do shed some light on the issues that young offenders consider when contemplating their decisions and intentions to recidivate. Despite the ability of these models to predict half of the explained variance in young offenders’decisions regarding recidivism, a majority of the sample appeared to not be affected exclusively by cost-benefit analysis, punishment, or reintegrative motivations. The authors conclude that without additional variables and even higher predictive validity, it is premature for policy makers to focus on any single model of sentencing in constructing juvenile justice laws." "Author's Abstract"

Collaborative Justice Project. Lessons Learned in the Collaborative Justice Project

The Collaborative Justice Project (CJP) is a demonstration project in the Judicial District of Ottawa-Carleton that began in September 1998. The aim of the project is to show how a restorative approach in cases of serious crime can deliver more satisfying justice to victims, offenders, and communities. It is an initiative of the Church Council on Justice and Corrections (CCJC), a Canadian coalition of faith-based individuals and churches advocating for a more humane way to practice criminal justice. This short document lists, with brief explanations, some chief lessons learned from the operation of the CJP. These lessons include, among others, the value of providing more information to victims, offenders, and communities; the need for much more public education about restorative justice; and a restorative model can work within the current justice system, however difficult it is to do so.

County of Santa Clara Family Conference Institute. Santa Clara Family Conference Model (FCM) Executive Summary

The Santa Clara family conference model (FCM) originated in 1996 as a response to the need for families to contribute to the improvement of safety and protection of children in their care. The Santa Clara FCM is a form of family group decision-making (FGDM); this FCM is an adaptation of prototypes from New Zealand and Oregon (USA). This document provides an overview of the principles and processes of FCM, as well as a summary of key findings from a four-year evaluation of Santa Clara’s FCM program. The findings cover perceptions about the Santa Clara FCM from staff members and family participants, and outcomes from FCM processes in the Santa Clara program.

Davis, Robert C.. Brooklyn Mediation Field Test.

Results are presented from a study on the effectiveness of mediation in resolving interpersonal disputes involving criminal acts. Results were consistent with other research which had also found that disputants felt better about their experience in the criminal justice system and about each other after mediation than after the traditional court process. However, the findings also suggest that mediation was no more effective than prosecution in preventing recidivism and that a great many people in felony arrest cases arising from interpersonal disputes prefer not to use mediation as the means of coping with their problems. The value of mediation, then, for the adult felony arrest cases examined lies in increasing participant satisfaction with the adjudication process. Restorative justice is defined as a process whereby all the parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense. Using an experimental design, this study sought to determine if mediation was a more effective method of resolving interpersonal disputes involving criminal acts than was prosecution in the courts. The study examined how the mode of disposition affected victim and offender satisfaction with the process, as well as rates of reoffending. The study consisted of 465 felony arrest cases in Kings County, NY. The cases all involved persons who were acquainted, either intimate partners or other immediate family relationships. (abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov)

Giovannucci, Marilou and Largent, Karen. A Guide to Effective Child Protection Mediation: Lessons from 25 Years of Practice.

What are the essential elements of a successful child protection mediation program? What outcomes are we seeking? How do we define success? How do these inform or direct program development so that it supports these outcomes? How do we know if it is working? And, how do we start out on the right foot? We are in the enviable position now, after 25 or so years, to benefit from lessons learned from the experiences of many programs. This article provides a 25-year perspective on key elements that have contributed to the success of child protection mediation programs. (Author's Abstract)

Hipple, Natalie Kroovand and McGarrell, Edmund F. Family Group Conferencing and Re-Offending Among First-Time Juvenile Offenders: The Indianapolis Experiment.

In an assessment of treatment, this study examined prevalence patterns of reoffending among first-time juvenile offenders involved in family group conferences (FGC) in Indianapolis, IN.The results of the Indianapolis Restorative Justice Experiment using family group conferences (FGC) for first-time juvenile offenders were largely positive. The findings indicate that youths participating in FGC survive longer before being rearrested over a 24-month period. In addition, youths participating in conferences had significantly lower incidence rates. The results indicate the need for continued experimentation and study of the role of restorative justice practices and FGC in the justice system. Restorative justice processes and family group conferences in particular have become increasingly common in justice system practices across the world. In a family group conference, after admission of responsibility by the offender, they, the victim, and the supporters of both the offender and victim are brought together. They are brought together with a trained facilitator to discuss the incident and the harm brought to the victim. The FGC provides an opportunity for the victim to explain how they have been harmed and ask questions of the offender. This study addressed the reoffending among youths involved in FGC. Nearly 800 youths participated in the experiment and the cases were tracked for 24 months following their initial arrest. (Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov).

Hughes, S and Schneider, A.. Victim-Offender Mediation: A Survey of Program Characteristics and Perceptions of Effectiveness

This survey of 240 juvenile justice organizations in the U.S. investigates the characteristics and effectiveness of victim-offender mediation. Mediation programs were most often governed by private/nonprofit organizations and received referrals primarily from the court or probation/intake officials. The majority of mediators were paid staff members who were almost always trained in mediation. The final contract usually involved monetary restitution to the victim, and this was monitored in most cases. Programs were not usually evaluated. In general, staff workers were less optimistic than program administrators in assessing the effectiveness of mediation, and more positive concerning the effects of incarceration and probation.

Huikahi Restorative Circles: Group process for self-directed reentry planning and family healing

from Lorenn Walker's article in European Journal of Probation: ....The Huikahi Circle is a facilitated reentry planning group process for individual incarcerated people, their invited supporters, and at least one prison representative. The incarcerated person determines what they want and the group helps her determine how best to achieve her goals. It can result in better outcomes for people leaving prison or drug treatment programs than case planning and case management where professionals make decisions for others.

Kenney, J. Scott and Clairmont, Don. Using the Victim Role as both Sword and Shield : The Interactional Dynamics of Restorative Justice Sessions.

Recently, criminal justice professionals have advocated restorative justice as an alternative to traditional punitive practices. Extant research has not examined the strategic interpersonal dynamics between victims, offenders, supporters, and facilitators during restorative justice sessions. Our ethnographic study addresses this gap. Building on studies of emotion in reintegrative shaming, we explore how shaming emotions are dramaturgically mediated by the rhetorical use of victim roles. We suggest that this micropolitical shame management facilitates apparently meaningful outcomes, undermines them, or results in agreements based more on realpolitik than reintegration. Our data are derived from detailed field notes at 28 youth restorative justice sessions in a mid-sized Canadian city. Our findings reveal a different picture than the frequently idealized images of restorative justice, thus underscoring the need for further analysis in this important area of criminal justice. (author's abstract)

Knapp, Kay A. "An Evaluation of Community Conferencing: The Central City Neighborhoods Partnership Restorative Justice Program. "

Knapp details an evaluation of a program called community conferencing in Minneapolis. The program, rooted in restorative justice aims and processes, is sponsored and administered by a partnership of several local civic groups. Cases addressed by this community conferencing program consist of misdemeanors for the most part, though some felony offenses concerning theft and drug use are handled. This paper includes an overview of the program as well as the findings of the evaluation. The evaluation presents findings on the program’s processes and the outcomes (oriented around reparation of harm, standards of behavior, community building, and reintegration of the offender).