Juvenile Justice

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

Krisberg, Barry. Rediscovering the Juvenile Justice Ideal in the United States.

This chapter traces the evolution of the American juvenile justice system from the 1960s through the early 2000s. In 1968, the U.S. Supreme Court decision in In re Gault, which proclaimed that minors were entitled to due process and equal protection in court proceedings, changed the course of juvenile justice. The sentiment throughout the country during the 1970s was that juvenile offenders should be deinstitutionalized and emphasis should be placed on rehabilitation rather than punishment. In 1974, Congress enacted the Juvenile Justice and Delinquency Prevention Act (JJDPA), which established the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to conduct research and training and make funding available to States and jurisdictions. While OJJDP made great strides for juvenile justice in its early years, both Presidents Reagan and Bush (the elder), curtailed funding for the OJJDP and appointed conservative people to head OJJDP who had limited or no qualifications. The moral panic created by a surge in juvenile violence during the early 1990s also prompted public sentiment to shift away from rehabilitation and back toward confinement. President Clinton’s appointment of Janet Reno as the U.S. Attorney General guided the OJJDP back on its course and provided it with a focus on delinquency prevention as the key component to combating youth crime. President George W. Bush, on the other hand, appointed a leader with little experience and then succeeded in decreasing OJJDP funding. The author contends that at the dawn of the 21st century, there are three major juvenile justice initiatives that have the potential to revolutionize the American juvenile justice system: (1) balanced and restorative justice; (2) the OJJDP Comprehensive Strategy; and (3) the Juvenile Detention Alternatives Initiative. Following a brief description of these initiatives, which focus on restorative justice practices and the value of crime prevention, the author contends that major changes are needed to save the under-funded, under-staffed American juvenile justice system. (Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov).

Law is more than a profession, it's a calling: "Making a difference" through restorative justice

from the article by Michael C. Deering: Before entering law school, a soon-to-be attorney dreams of “making a difference.” He dreams of representing clients as he advocates for truth and justice, as he lends his voice to those who cannot speak, as he defends the innocent and the young, and sets the wrong to right. Then, reality sets in. Dreams of justice and zealous representation give way to stress and the everyday rigors of law school. Reading, briefing, and writing overwhelm the student. After three years of arduous work, the student graduates. Facing bar preparation, job searching in an economy that causes seasoned attorneys to shudder, and a mountain of educational debt, the graduate accepts work wherever he can find it.

Lee County Victim Offender Conference Program

The Lee County Victim Offender Conference (VOC) Program is a relatively new outgrowth of the Illinois Balanced and Restorative Justice Initiative. VOC provides victims with an opportunity to meet with first time young offenders as a diversion from court. In this article, Mary Huffman of Lee County Probation provides an overview of the development of Lee County VOC.

Lee, Bethany and Weinstein, Stanley and Carlson, George and Park, Juyoung. Restorative Healing Model: Implementation at the Woodbourne Center.

The RHM developed by the Woodbourne Center provides an example of how evidence-based interventions can be integrated into a residential treatment program to improve socially adaptive functioning and behaviors among residing youth. By creatively matching the needs of their clients and the interventions that have the strongest evidence base, the Woodbourne Center has developed a unique contribution to residential treatment models. Although currently lacking empirical evidence for its effectiveness as a treatment model, the interest in applying evidence-based models to residential treatment settings is noteworthy. The RHM integrates aggression replacement training (ART), community restorative justice (CRJ), and trauma-focused care in a residential program. Each of these components has been recognized as evidence-based or promising practices. Real-life examples of the program at Woodbourne show how youth learn specific skills in the program and how youth and staff work collaboratively to learn lessons through discussions and role play. Above all, the RHM was designed to provide empowerment and strength-based perspective to vulnerable youth. (abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov).

Lewis, Christie. Relational Aggression and Middle School Girls: Why They Participate and What Meaning They Make of This Aggression.

Relational aggression seems to invoke more emotional and academic difficulties for girls in middle school than any other age group. In this research, the author describes the different types of aggression often used by middle school girls in their social relationships. The author sought to find out why girls participate in relational aggression, either as perpetrators or as victims and what meaning they make of this aggression. The author concludes with implications for school personnel with emphasis on school counselors. (Excerpt).

Loftus, Patrick J.. Restorative Justice in Secondary Schools.

This thesis discusses adolescent psychology, experiential education, adventure education, service-learning, and restorative justice in the context of creating a restorative justice curriculum for a low income, inner city, and secondary school in Santa Fe, New Mexico. The curriculum was developed throughout a year of working with students at Capital High School and refined throughout the implementation process. The curriculum includes standards, administrative set up, unit outlines, and specific restorative justice encounters. It is designed in a way that allows it to adapt in order to fit the facilitator and specific site needs of any secondary school. (Excerpt).

Léger, André. 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)

Maher, Michael. Why do you want to know my name?

Michael Maher is the president 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. He wrote this article for the Catalyst, the publication of Citizens for Public Justice, of which he is a board member. In the article he addresses the issue of making public the names of youth offenders. The Youth Justice Act of Canada bans publication of the names of young offenders. Some people vigorously object to this policy. From principles and practices of restorative justice, Maher argues in favor of this ban as a more principled and more fruitful way of treating young offenders.

Maiden, Kristin M.. 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)

Maynard, Robyn. 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)

McCormick, Anna C. Confronting the Past and Building a Future: Peacemaking Circles in a Northern Canadian Community

The most significant changes in the administration of youth justice, based on a transformative philosophy, are occurring in First Nations communities, in response to a history of oppression, near-genocide, culture conflict with, and proven ineffectiveness of the Western criminal justice system. In efforts to reassert power and take responsibility for local issues, address crime and victimization, build community, revive traditional values, increase community capacity and self-sufficiency, create a healthier reality for future generations, and prepare for eventual self-government, one primarily First Nations community in the Yukon has developed and implemented peacemaking circles. This thesis is a result of field research conducted in this community. Based on participant observation and interviews with community justice practitioners, community members, justice personnel, young offenders and victims who have experienced peacemaking circles, it explores several individual, community, and system level challenges which may affect the potential of circles to accomplish objectives. The initiative operates within a community and political environment that is plagued by misinformation, skepticism, mistrust, resistance, apathy, dysfunctionality, power imbalances, state paternalism, and minimal ideological and financial support. Project evaluations cannot be imposed from the outside, before these issues have the opportunity to be addressed, or before the initiative has sufficient time to reach long-term objectives. Failure to address these and other issues could be devastating to the entire restorative justice movement, and doom communities to continued intervention by and subordination to an ineffective and oppressive retributive justice system. Author's abstract.

McKinnon, Peter. Squaring the Circle With At-Risk Youth

The Peacemaking Circle project, which involves Crown prosecutors, provincial court judges, social workers and community activists, aims to help youth who have committed criminal offences, along with those likely to come in conflict with the law. In essence, youth participate in a series of meetings to identify issues and problems, devise effective solutions, and track progress. (excerpt)

Medlicott, Diana. Seeing the Child, Restoring the Citizen: Restorative Justice in South Carolina.

So it was with some relief that I encountered the Juvenile Arbitration Program in Charleston, a mechanism for diverting from custody those children who plead guilty to first-time minor offences. It started up in South Carolina in 1983, and in recent years has expanded across the state. It enables children to purge their record by actively participating in a series of requirements drawn up by volunteer arbitrators. Once these requirements have been met, the Arbitration Program Director will inform the Solicitor’s Office. No criminal record will be created, and no conviction recorded. The child has a completely clear record, free of any conviction. (excerpt)

Mitchell, Richard C and Moore, Shannon . Rights-based Restorative Justice: Evaluating Compliance with International Standards.

The authors' aim is to promote compliance with international legal standards by articulating intersections between young people's human rights and restorative justice principles — for legal theorists through transdisciplinary thinking and for practitioners by introducing the Rights Based Restorative Practice Evaluation ToolKit developed through this conceptual framework (Moore, 2008). This comprehensive approach was developed within the Canadian legal, social policy and youth justice contexts. Notwithstanding potential bias stemming from cultural or political milieu, the authors argue that rights-based restorative justice could contribute to the advancement of ethical practice in many UN-member states attempting to adopt these common frameworks. (author's abstract)

Mitchell, Richard C and Moore, Shannon. 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)

O'Brien, Kevin and Rodziewicz, Paulette. Alberta Program Opens Communication Between Communities and Young Offenders

YJC's are comprised of groups of volunteers working in partnership with the justice system, assisting in its response to young offenders ages 12 to 17. YJC's bring together these offenders, victims, and community members to explore and resolve issues, determine and administer non-judicial sanctions, and recommend formal sanctions. They provide an important and valuable opportunity for communities to assume greater ownership of the criminal justice response to offending youths and provide an effective alternative to the formal court process. Throughout Alberta, the solicitor general has formally designated 98 total committees, and more than 1,300 community volunteers are now active in the program providing services to 1,600 youths in conflict with the law. The guidelines for appointment to a YJC include a commitment to the interests of young people, victims, and the community; a representation from the community at large; and the ability to consider all deliberations of the YJC regarding individuals to be confidential. Alberta’s current rate of incarceration for youths is the third lowest among Canadian provinces and territories. It has the second lowest probation rate for youths in the country. Young offenders that have committed a first or second nonviolent offense and have accepted responsibility for their crimes can be referred to the alternative measures program. Alternative measures sanctions can include community service, compensation, education programs, written or personal apologies to victims, and essays or presentations about how offenders’ crimes have affected others. The number of offenders appearing before YJC's has steadily increased each year. The program has earned a gold medal from the Institute of Public Administration of Canada, which is the country’s top award given for excellence in public service administration. Abstract courtesy of National Criminal Justice Refrence Service, www.ncjrs.org.

O'Brien, Sandra. Toward Juvenile Justice Reform.

Pennsylvania has emerged at the forefront of being a model for juvenile justice reform by addressing the needs of its crime victims and its communities by holding juveniles accountable for their crimes. In 1995, the state's legislature thoroughly integrated the balanced approach and restorative justice into its Juvenile Act (42 Pa.C.S. S6301). (excerpt)

O'Connor, Lisa A and Nakashian, Mary and Gibson, Fay and Morgenstern, Jon. "Nothing About Me Without Me": Leading the Way to Collaborative Relationships with Families

This article discusses the National Center on Addictionand Substance Abuse's CASA Safe Haven, an evidence-based, community-driven intervention program for children and families in child welfare whose lives have been adversely affected by substance abuse, and for staff in the agencies that work with them. CASA Safe Haven builds collaborative relationships that feature a blend of multidisciplinary teams that share responsibility for helping families; family group conferencing, in which families are equal and welcome participants in designing and driving a service plan; and the influence of family court to hold families and service providers accountable for progress. CASA Safe Haven is a framework for collaboration. Author's abstract.

Phoebe Prince bullies sentenced, but how do they make things right?

from Stacy Teicher Khadaroo's article in Christian Science Monitor: Five teens who faced criminal charges for bullying in connection with the 2010 suicide of Phoebe Prince in South Hadley, Mass., have been sentenced to probation and community service. While the courtroom chapter of the drama in central Massachusetts is largely over, bullying-prevention advocates hope that the work of “restorative justice” has just begun. Now, they say, the defendants should use their experience to help other young people steer clear of bullying and the deep harm it causes.

Pillari, Timothy J.. Rethinking Juvenlie Justice: Catholic Social Thought as a Vehicle for Reform

The article explores the multi-faceted issue of juvenile offenders and how they ought to be treated by tracing multiple historical modes of thought about their presence in the American criminal system. The author then discusses the tension between retributive and restorative justice, harmonizing the two in a paradigm that takes its lead from the social teachings of the Catholic church.