Juvenile Justice

Restorative justice has been seen as a way of diverting young offenders away from formal justice processes that are stigmatising.

. Incarcerating youth as justice? An in-depth examination of youth, incarceration, and restorative justice

Mike Alexander helped create Winnipeg's CP-1879 program in i998. This project came out of the recommendations of the Aboriginal Justice Inquiry, in an effort to bridge the gap between First Nations and Manitoba Justice, and to put First Nations justice into the hands of First Nations people. The program eventually grew into a project called Onashowewin, and was based on conflict resolution combined with First Nations concepts of healing. Rather than based on a punitive approach, this model of justice was restorative, helping to address the causes rather than the symptoms of youth criminality. Alexander explains: "We operated outside the mainstream justice system and so we were free to design processes that dealt with the underlying reasons why youth offended". He adds that these processes also allowed for accountability, because they also involved the victims of youth offenders, as well as their surrounding communities. (excerpt)

. Models for change: Innovations in practice.

Models for Change provides funding, technical assistance, and other forms of support to a range of juvenile justice systems reform efforts in four key partner states: Pennsylvania, Illinois, Louisiana, and Washington. By supporting change in a variety of sites, and on a range of issues, Models for Change is helping to generate multiple models of systems reform—all home-grown, but all capable of being studied, shared, and adapted elsewhere. This report briefl y summarizes four promising practice innovations that have emerged from this work. Each is a locally developed response to a core challenge faced by juvenile justice practitioners everywhere. The four innovations include: Pennsylvania Academic and Career/Technical Training (PACTT) Alliance; Peacekeeping Circles—expanding informal alternatives in Peoria, Illinois; Jefferson Parrish—dealing with racial disparities at the front door in Louisiana; and King County—uniting for youth in Washington.

. No longer a child: Juvenile incarceration in America.

The first section of this note provides a brief history of the juvenile justice system including its creation, changes since its inception, and the modem practices of the juvenile court. This section discusses the original and modem goals of juvenile justice, the differences between juveniles and adults, and the need to treat juveniles differently and separately from adults. The second section of this note details how juvenile institutionalization in the United States is not accomplishing the mission set forth for juvenile justice. Specifically, this section focuses on the crises in juvenile correctional facilities, highlighted by the problems in California (California Youth Authority), Louisiana (Louisiana Department of Public Safety and Corrections, Youth Services, Office of Juvenile Justice), New York (New York Office of Children and Family Services), Ohio (Ohio Department of Youth Services), and Texas (Texas Youth Commission). Investigations in these states show countless illegal practices and procedures. These states provide good examples of the problems that plague juvenile correctional facilities across the country. Finally, the last section of this note optimistically offers hope. Research and analysis of the various issues in juvenile correctional facilities show a real need for change, and not just with a few tweaks, but instead with a radical step away from the culture of institutionalization and a return to the rehabilitative roots of the juvenile justice system. Experts in restorative justice, commissioned by the United States Department of Justice, created a model to implement this type of change. Programs in Missouri, New York, and California speak to the success of restoration and the feasibility of implementation. (excerpt)

. 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)

. 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)

. Theorising rights-based restorative justice: The Canadian context.

This paper investigates theoretical and practice intersections in Canada between the principles and provisions of the UN Convention on the Rights of the Child, and the UN's Basic Principles on the Use of Restorative Justice in Criminal Justice Matters. We undertook this exploratory study from a transdisciplinary standpoint and utilised grounded theory methodological and analytical procedures throughout; data include legal and policy documentary analyses along with eight key informant interviews. Findings indicate that CRC implementation has been impeded by myopic disciplinary approaches that have dissolved its constituent principles by isolating them from its provisions. Young people's human rights are languishing within Canadian juvenile justice contexts, and thus, historical efforts to build an ecosystem of rights-respecting communities in that nation are being compromised. The paper concludes with a reiteration of a CRC implementation model which articulates the balance amongst participation, protection and power relations. (author's abstract)

Ashley, Jessica and Gray, Donyelle L and Newman, Peter and Gray, Donyelle L and Covey, Sharon and Newman, Peter. Spotlight on The Future of BARJ Reform for Illinois: A Vision for the Future

abstract pendingThis article summarizes a longer piece – “Implementing Balanced and Restorative Justice: The Illinois Experience‿ - written by the authors listed above for the Loyola Law Journal. In 1889 Illinois established the first juvenile court. One hundred years later, Illinois adopted the balanced and restorative justice approach in its Juvenile Court Act and initiated a new reform of its juvenile justice system. The authors provide background to the adoption of this approach in Illinois, explain key aspects of BARJ, and identify important questions that must be addressed for the long-term success of the Illinois BARJ initiative.

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)

Bazemore, Gordon and Day, Susan E. Restoring the Balance: Juvenile and Community Justice

From the perspective of restorative justice, the most significant aspect of crime is that it victimizes citizens and communities. The justice system should focus on repairing this harm by ensuring that offenders are held accountable for making amends for the damage and suffering they have caused. A restorative system would help to ensure that offenders make amends to their victims. Juvenile justice cannot do this alone, however. Restorative justice requires that not only government, but also victims, offenders, and communities be involved in the justice process. The most distinctive feature of restorative justice is its elevation of the role of victims in implementing justice policies. In an effort to achieve a balanced approach to juvenile justice, restorative justice articulates three goals: accountability, public safety, and competency development. Balance is attainable when administrators ensure that equitable resources are allocated to each goal. A table provides the measures for achievement and the priorities for practice for each of these goals. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Bazemore, Gordon and Umbreit, Mark S 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.

Bender, Valerie R and Torbet, Patricia and King, Melanie and Torbet, Patricia. Advancing Accountability: Moving Toward Victim Restoration.

This White Paper discusses Pennsylvania’s Juvenile Justice and Delinquency Prevention Committee’s (JJDPC’s) plan to advance accountability within juvenile justice by incorporating a victim restoration program. The core of Pennsylvania’s JJDPC victim restorative approach holds juvenile offenders accountable for the harms their crimes cause and holds them responsible for repairing those harms to the greatest extent possible. The victim restorative approach is rooted in the restorative justice philosophy that brings together the offender, the crime victim, and the community to jointly develop solutions that promote reparation, reconciliation, and reassurance. The JJDPC approach places reparative practices, such as paying restitution or completing community service, at the center of its accountability goal. The JJDPC victim restoration approach also focuses on juvenile offenders’ understanding the wrongfulness of their actions, the impact of the crime on the crime victim and community, and their responsibility for causing the harm. The paper outlines the rights of crime victims and focuses on their rights of participation in the victim restoration program. The roles of juvenile court judges in the victim restorative approach are reviewed, as are the roles of probation officers, crime victim advocates, crime victims, defense counsels, district attorneys, community-based treatment providers, parents/guardians, community members, law enforcement, and schools. Accountability activities are described and include victim impact statements, a victim/community awareness curriculum, juvenile offender apologies, a crime victims’ compensation fund, restitution, and meaningful community services. The actual restorative juvenile practices adopted by the JJDPC include victim/offender conferencing, restorative group conferencing, circles, school restorative conferencing, community justice panels, and victim impact panels. The JJDPC will continue to advocate that restitution be ordered in all cases where it applies and will continue to develop qualified trainers to teach facilitators how to use the victim/community awareness curriculum. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.

Bozarth, Julia Madden and Kethineni, Seesha and Gaines, Cheryl and Bozarth, Julia Madden and Blimling, Lisa and Kethineni, Seesha. "Youth Violence: An Exploratory Study of a Treatment Program in a Central Illinois County"

A local treatment provider has developed an OPTIONS program to prevent adolescent aggression. The program is designed for youths who displayed threatening or abusive behaviors, particularly toward family members. This study described the characteristics of juveniles and their families who were referred to the program and if the program participation helped reduce the severity of violence and improve the communication skills among program participants. Referrals came from law enforcement, juvenile court services, school resource officers, and parents. Information on 100 juveniles and their families were provided by the counselors of the program. The findings showed that a large percentage of juveniles came from unstable families with a family history of criminal convictions, substance abuse, or mental illness. Program participants showed an improvement in communication skills and reduction in their levels of dangerousness.(author's abstract)

Burns, Linda. Juvenile Accountability Conferencing: A Child of Restorative Justice

A new spin on Restorative Justice, the Juvenile Accountability Conferencing Program in Montgomery County, New York, is helping youthful offenders understand the consequences of their crime, not only for themselves, but for others. It is giving victims an opportunity to have nagging questions about the crime answered, establish restitution that they feel ""fits"" the crime and their needs, and most of all, find closure. The youthful offenders are relieved to be able to make things right and put their lives back together. This session is an opportunity to learn how this new program is being run, some of the pitfalls and triumps of actual conferences, names withheld of course, and offers a question and answer period. Author's Abstract.

Charbonneau, Serge. The Canadian Youth Criminal Justice Act 2003: A Step Forward for Advocates of Restorative Justice

Restorative justice involves both the process and the outcome in responding to juvenile offending. The primary outcome sought in restorative justice in the repairing of harms done by the offense. These harms impact not only the victim but also the offender and the community. Processes for achieving desired outcomes typically include mediation, victim/offender meetings, conflict resolution circles, healing circles, and family conferencing. These are designed to improve communication among the parties and facilitate cooperative planning in remedying harms. The YCJA assists restorative justice processing by creating new categories of offenses that call for special forms of treatment and particular sentences. A presumption is built into the legislation that nonviolent offenses will be addressed outside of formal judicial processing; however, violent offenses will continue to be processed by traditional means. The YCJA also includes a presumption that an adult sentence will be imposed on juveniles found guilty of a presumptive offense (murder, attempt to commit murder, manslaughter, and aggravated sexual assault). This provision reflects the traditional belief that punitive adult sentences are effective, which disregards the principles of restorative justice. Thus, the YCJA could lead to diversified practices that have nothing in common with a restorative justice approach. Many of the dispositions of the YCJA apparently increase formal social control and widen the criminal justice net. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.

Church Council on Justice and Corrections. Appearance before Standing Committee on Justice, studying Youth Criminal Justice Act

The Church Council on Justice and Corrections (CCJC) is a Canadian coalition of faith-based individuals and churches advocating for a more humane way to practice criminal justice. The Standing Committee on Justice and Human Rights is a committee of the Canadian House of Commons. This document consists of a transcript of some testimony given by two people from the CCJC before the Standing Committee with reference to Bill C-3, the proposed Youth Criminal Justice Act. The CCJC representatives presented restorative justice values and attitudes that they believe should be incorporated in the Act as the framework for youth justice. In particular, to illustrate these values and attitudes, they sketch stories, cases, and outcomes from family group conference experiences.

Church Council on Justice and Corrections. Response to New Youth Justice Law: Church Council calls for urgent public education on country's "addiction to punishment"

The Church Council on Justice and Corrections (CCJC) is a Canadian coalition of faith-based individuals and churches advocating for a more humane way to practice criminal justice. In this news release, the CCJC responds to a proposed new youth justice law in Canada. The CCJC, in view of the proposed law, urges public education about the extent of crime and Canada’s “addiction to punishment.â€? While the CCJC supports some of the changes envisioned in the new law – such as priorities oriented toward rehabilitation, meaningful accountability, and more alternatives to custody – it also cautions about the prospects for improved youth justice if the public debate is fixated on “getting tough versus being lenient.â€?

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"

Community Planning Team (Dane County). For Us and for R Kids: A comprehensive strategy of balanced and restorative justice in Dane County

The aim of this strategic document is to detail the vision, mission, and implementation of a comprehensive strategy for all citizens of Dane County, Wisconsin, centered around the principles of balanced and restorative justice. The first section introduces the report and Dane County. The second section covers three areas: the integration of prior efforts into a comprehensive strategy for the future; the emphasis on family based services; and an elaboration of balanced and restorative justice in Dane County around four principles – competency development, accountability, community protection, and prevention. The third section elaborates the plan to implement this comprehensive balanced and restorative justice strategy. The last two sections present workgroup reports and Dane County’s comprehensive action plan. At the end of the strategic document is a lengthy set of appendices (about twice the length of the strategic document) on various topics related to balanced and restorative justice in Dane County. Appendix A reports on critical conditions affecting the welfare of African-American youth in Dane County. Appendix B contains a spreadsheet of Juvenile Service System services and program descriptions of Dane County’s community-based services. Appendix C details risk factors for youth and Dane County data collection worksheets. Appendix D includes tools for juvenile delinquency intake assessment. Appendix E presents a number of flowcharts, including system decision points, juvenile court physical custody process, juvenile court process outline, and an event flow for delinquency and juveniles in need of protection and services. Appendix F provides program descriptions for juvenile accountability block grants.

Correctional Service of Canada. Youth Restorative Action Project (YRAP), Edmonton, Alberta

The Youth Restorative Action Project (YRAP) of Edmonton, Alberta, is a justice committee focusing on addressing problems from hate crimes, as well as crimes connected with child prostitution, mental illness, and substance abuse. YRAP was inspired by teenager Jasmina Sumanac. Moving to Canada from Serbia, she was struck by the need to combat hate, racism, and other issues not only in Serbia but also in Canada. Collaborating with her Youth Worker, Mark Cherrington, she and Mark initiated YRAP. As described in this resource paper, YRAP receives referrals from youth courts. Members of YARP meet in a restorative conference with all stakeholders in the problem to deal with the offense and its consequences. YRAP has gained significant recognition, and it is now beginning to expand to Toronto and other areas.

Creating Alternatives for Young Offenders in Toronto

An innovative diversion programme offers young offenders in the Greater Toronto area an opportunity to clear their records and contribute to the community. Called PACT (for participation, acknowledgement, commitment, and transformation), it partners with youth courts to provide a restorative justice and community service alternative in sentencing young offenders.