Government

With a focus on juvenile justice, governments have turned to restorative justice as a response to crime.

Breaking the Cycle of Violence in Jamaica

Rising rates of violent crime in Jamaica have led to increasing instability and societal polarization. In August 2001, the National Committee on Crime and Violence was created to study the problem of crime and its root causes and to recommend strategies for breaking the cycle of violence. The Committee recommended breaking down political tribalism, reestablishing legitimate community leadership in place of patronage of criminal groups, and improving relations between the police and the community.

van Gelder, S. Genesee Peacemakers

Reviews the Genesee county justice system in upstate New York which supports victims, gets accountability from offenders, and empowers the community. Reports the costs savings and space savings to the county jail of the program of offender diversion and community sanctions which afford offenders the opportunity to make amends. Genesee justice reports a 94% success rate, with only 6% of those who have received community based sentences either failing to complete their sentence or being rearrested.

Dooley, Michael. "Vermont Reparative Probation."

This report summarizes Vermont's (as state in the U.S.) restructuring of its corrections philosophy and practices. This includes a "Reparative Programs" service track designed for offenders who commit non-violent offenses who demonstrate a low risk of re-offending. The focus of this track is to require the offender to make reparations to the victim and to the community. This track features a program called Reparative Probation-which directly involves the community in the sentencing and monitoring functions of the Vermont state criminal justice process. Vermont's reparative "model" is based on a "paradigm shift" from a more "Retributive" to a "Restorative" form of justice.

Torbet, Patricia and Thomas, Douglas. Balanced and Restorative Justice: Implementing the Philosophy

This article describes the progress of one state (Pennsylvania) in the U.S. in implementing the Balanced and Restorative Justice philosophy statewide and across the full spectrum of juvenile justice system interventions and the victims and communities impacted by juvenile crime.

Stevenson, Phillip. Juvenile Justice Reform Act

Illinois has adopted the Juvenile Justice Reform Act of 1998, an act that incorporates the philosophy of balanced and restorative justice as its guiding principle. The act attempts to balance three broad concepts in juvenile justice: (1) hold each offender accountable for his or her conduct; (2) have a mechanism in place that allows juvenile justice professionals to intervene early in an offender’s career; and (3) increase the participation of the community in the juvenile justice process, including victims. The act also identifies what persons are considered juvenile authorities and articulates the rights of crime victims.

La Prairie, Carol. Some reflections on new criminal justice policies in Canada: restorative justice, alternative measures and conditional sentences

A review analyzes significant changes in sentencing policy in Canada in the past 2 years. New legislation in 1996 contains 2 provisions that have the potential to reduce the use of imprisonment, especially at the provincial and territorial levels: the introduction of conditional sentences, which allows the courts to order that a prison sentence of up to 2 years (less 1 day) may be served in the community, subject to good behavior and provided that such an order would not endanger the community; and the formal introduction of alternative sentences for adult offenders, with each provincial or territorial jurisdiction having flexibility to establish guidelines for the administration of the measures. Another related change in Canadian criminal justice policy has been the adoption of the concept of "restorative justice." A general over-reliance on the use of imprisonment and the overrepresentation of Aboriginal offenders in prison have been longstanding problems in Canada. But without the provision of appropriate guidelines as well as adequate community resources to support them, it is unlikely that the new initiatives will have much impact on incarceration levels or indigenous overrepresentation.

Pranis, Kay. The Minnesota Restorative Justice Initiative: A Model Experience

As Kay Pranis remarks in this paper, she has worked for the Minnesota Department of Corrections (DOC) promoting restorative justice throughout the state. Her responsibilities also included providing technical assistance to jurisdictions and organizations interested in implementing the principles of restorative justice. She identifies restorative justice as a vision of a society which honors the dignity of human beings and the centrality of relationships for meaning in human existence. Progress toward such a society requires a new paradigm for thinking about how we respond to crime. In this framework, she describes the history, aims, activities, and results of the Minnesota DOC Restorative Justice Initiative.

Bazemore, Gordon and O'Brien, Sandra and Umbreit, Mark S. Restorative Juvenile Justice in the States: A National Assessment of Policy Development and Implementation

Balanced and restorative justice, a new framework for juvenile justice reform, seeks to engage citizens and community groups both as clients and resources in a more effective response to youth crime. The approach attempts to ensure that juvenile justice intervention is focused on basic community needs and expectations. Balance is achieved when there is improved public safety, sanctioned juvenile crime, and rehabilitated offenders are reintegrated. Restorative justice emphasizes that crime damages people, communities, and relationships. Sanctioning practices include victim-offender mediation and various community decision-making or conferencing processes. A national telephone survey of restorative justice professionals was conducted. Results showed that virtually every State was implementing some aspect of the restorative justice principles at various levels and in its programs and policies. A majority of the States had crafted or revised their statutes and codes to reflect restorative justice principles and had encouraged their use in the juvenile justice system. Restorative justice reform efforts involve a number of major stakeholders both within and outside of government and often necessitate a significant role to be played by a reform initiator. Under a different approach to reform, the stakeholders are primarily governmentally related and roles are tied to traditional hierarchical and bureaucratic structures and processes. Interview respondents expressed multiple impressions of what constitutes a restorative justice program. Funding and resource availability played a mixed role in restorative justice implementation. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.org.

Cesaroni, Carla. Releasing Sex Offenders Into the Community Through "Circles of Support" -- A Means of Reintegrating the "Worst of the Worst"

Using the philosophy of restorative justice, the Mennonite Central Committee, Ontario, created a program entitled Circles of Support and Accountability. The program attempts to return sex offenders to the community in a productive, supportive fashion while still holding the ex-offender accountable. Volunteers, primarily from the faith community, assist with practical life-skills, emotional needs and in mediation with the wider community. Most ex-offenders appear to join a Circle as a means of self-protection. All seem aware of the reality that often surrounds the release of a high-profile sex offender. A number of former Circle members have indicated that they would have returned to a lifestyle conducive to re-offending had it not been for the Circles. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Coates, Robert B and Vos, Betty and Umbreit, Mark S. A Case Study of Developing a Systemic Approach Toward Restorative Justice in Washington County, Minnesota.

Robert Coats, Mark Umbreit, and Betty Vos begin this article with the observation that restorative justice programs frequently provide significant resources for serving victims and offenders, and for involving community members in the justice process. Often, however, such programs have minimal impact on a jurisdiction’s total or systemic response to crime. In view of this, the authors point to an initiative to develop a systemic restorative justice approach. Washington County Community Corrections in Minnesota is endeavoring to adapt restorative justice principles as the basis for shaping their responses to crime with respect to victims, offenders, and communities. Coates, Umbreit, and Vos – of the Center for Restorative Justice and Peacemaking at the University of Minnesota – report on a study conducted by the Center to document this process of change. The study deals with key elements of change; barriers and resistance to change; the effects of changes on staff, justice officials, and community members; and issues relating to ongoing progress in integrating restorative justice into the department’s responses to

Lightfoot, Elizabeth and Umbreit, Mark S. Analysis of State Statutory Provisions for Victim-Offender Mediation

Restorative justice practices are taking root around the country, however there is little empirical data related to restorative justice policies and programs. One such practice is VOM; the current article documents the existing statutory authority among States relating to the restorative justice practice of VOM in criminal cases. State code provisions are important for providing a framework for the implementation of VOM statewide. A LexisNexus search of all State codes using VOM language and types of activities produced 29 States that have VOM-related statutory authority. The comprehensiveness of the statutes ranged widely, with some including details related to training requirements, costs, evaluation, confidentiality, and liability, while others simply mentioned VOM as an alternative sentencing option. The specific provisions are discussed in turn. Statutory authority over VOM is important to establishing a standard through which practitioners can work; as the practice of VOM continues to grow, more States will begin to enact legislation governing its use as a criminal justice practice. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Kelly, Cathy Ann. Government and the Voluntary Sector: Meeting at the Crossroads of Restorative Justice

According to Cathy Ann Kelly, restorative justice is at a crossroads in Canada. This consists of a fine line between ensuring the safety of participants by insisting on safeguards and limiting communities by being overly prescriptive. It is in this context that she sketches and lauds a process of dialogue between the government and the voluntary sector about restorative justice principles. The dialogue took place when, between 2002 and 2003, the Canadian government helped organize and fund a consultation on Draft UN and Draft Canadian Principles of Restorative Justice. The consultation involved both a National Policy Review Panel and the broader restorative justice community in Canada, including the St. Leonard’s Society of Canada.

Macaulay, Lawrence. Notes for an address

At the time of this speech, given at the opening conference plenary, Lawrence Macaulay was Solicitor General of Canada. He begins by noting the pressing needs in the world to seek common ground in resolving differences and conflicts. Hence, he continues, organizations that employ mediation and conflict resolution have an increasingly important role to play with respect to families, communities, criminal justice systems, and nations. On these bases, Macaulay focuses in his address on restorative justice as a growing and promising approach to conflict and wrongdoing. In particular, he highlights ways the Canadian government is seeking to integrate restorative justice ideas and practices in criminal justice policies and programs.

O'Brien, Sandra. National survey looks at states’ development and implementation of restorative justice policy

Several years after restorative justice first appeared in the United States, the staff at the BARJ Project decided it was time to assess if and how restorative justice principles are being used in all fifty states. Conducted from January through March 1999, the National Restorative Juvenile Justice Policy Development and Implementation Assessment (forthcoming) inquired about the development and implementation of restorative justice policies and practices in the juvenile justice system. Previous less formal surveys indicated that approximately twenty-six states have implemented restorative justice at either the program, institutional, system, and/or state level (Freivalds, 1995; Klein, 1996). This survey represents the first national survey undertaken in the field of restorative justice relating to organizational reform and policy implementation at the state level. The following is a brief summary of the methodology and findings of the assessment. (extract)

O'Brien, Sandra. National survey looks at states’ development and implementation of restorative justice policy--Part 3

According to Sandra O’Brien, several years after restorative justice first appeared in the United States, the staff at the Balanced and Restorative Justice Project (Florida Atlantic University) embarked on a study to assess if and how restorative justice principles are being developed and implemented in all fifty states. Conducted through interviews with an appropriate person in each state between January and March 1999, the BARJ staff surveyed five key questions or areas. Hence, the results of the study are organized into five sections. Here O’Brien summarizes the findings and analysis for Sections 4 and 5. Section 4 covers the question as to how restorative justice is put into operation in each state. Section 5 deals with the question of levels of funding and resources appropriated for restorative justice programs and practices.

Blackburn, Susan. Spotlight on Pennsylvania: Balanced and Restorative Justice implementation making significant progress

In 1995 the Pennsylvania state legislature passed Act 33. This Act amended the Juvenile Act to redefine the purpose of juvenile justice intervention in Pennsylvania in terms of balanced and restorative justice (BARJ) principles. Since then, two surveys have been conducted – one in 2000 and the other in 2002 – to identify relevant statewide and local planning and development efforts, and to measure outcomes of this BARJ initiative in Pennsylvania. This report presents findings from the second survey. It also includes comparative data from the first survey. Specifically, the article provides an overview of the 2002 survey design and data from the survey results.

Walker, Lorenn and Hayashi, Leslie. Pono Kaulike: A Pilot Restorative Justice Program

According to Lorenn Walker and Leslie Hayashi, the purpose of restorative justice is to address the needs of victims, offenders, and the community after wrongdoing has occurred. While the modern restorative justice movement has origins in the 1970s in Western societies, the concepts and practices of restorative justice are not new nor solely Western. Walker and Hayashi maintain that many indigenous cultures, including Hawaiians and other Pacific Islanders, have long practiced these ideas and values, and continue to do so. Against this background, the authors note the Hawaiian state judiciary’s commitment to operate in accord with restorative justice and the concept of pono kaulike (equal rights and justice for all). This commitment led in 2002 to the establishment of a pilot restorative justice program in the District Court of the First Circuit in Honolulu, described herein by Walker and Hayashi.

Saskatchewan Justice. Use of Adult Alternative Measures in Saskatchewan: 1999-2000 and 2000-2001. Appendices: Alternative Measures Policies

Over the past several years, many agencies and justice organizations have developed alternative measures programs as a way of dealing with conflict. As a result, both the federal and provincial governments have developed policies and guidelines regarding the use of alternative measures and the development of alternative measures programs. This booklet introduces the concept of alternative measures and provides the legislation and policies that govern the use of alternative measures in Saskatchewan. (excerpt)

Coates, Robert B and Umbreit, Mark S and Vos, Betty. Restorative Justice Systemic Change: The Washington County Experience.

Organizational change is rarely easy, particularly when it must occur in a large organization marked by political agendas, such the American correctional system. Since the 1980's, the correctional and criminal justice systems have been struggling with incorporating the voice of victims within the routine response to crime and criminal offenders. Washington County Court Services in Minnesota recently undertook a reform effort to include restorative justice principles as the basis for their response to crime; the Center for Restorative Justice and Peacemaking at the University of Minnesota was asked to document the reform effort and identify barriers to change. Data included existing records and interviews with 16 key individuals. The precursors leading to the reform effort are described followed by a discussion of the change strategies that were employed by the County Court Services. The change strategies involved three separate groups: (1) department staff; (2) criminal justice system decisionmakers; and (3) community members. The key to successful reform was identified by one interviewee as the partnerships made with community service organizations capable of incorporating restorative justice practices into their operations. The outcomes of the reform efforts and how they impacted each of the three groups is described; the reform effort was largely successful in bringing restorative justice practices to Washington County and sustaining them over a number of years. In the end, it seems that reform efforts that are properly managed in terms of resolving inevitable conflicts will be successful more often than reform efforts that only focus on sharing a philosophy. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.org.

Daubney, David. Establishing a Framework for the Use of Restorative Justice in Criminal Matters in Canada

The Canadian House of Commons Standing Committee on Justice and Solicitor General, which I had the honour of chairing, began its review of sentencing, conditional release and related aspects of the correctional system in the spring of 1987, about the time a protracted and difficult national debate on capital punishment was coming to an end. Many of the issues raised in the House of Commons and across the country during that debate went beyond the question of capital punishment. They demonstrated that public confidence in many aspects of our criminal justice system was low. Many Canadians felt that they were not being fully protected and that crime was out of control. The Committee believed that this public perception, whether well-founded or not, had to be addressed and the issues raised by it be faced. The Committee undertook this study partly as a result of this sense of public unease. (excerpt)