Developing restorative practice: contemporary lessons from an English juvenile diversion project of the 1980s (original) (raw)
Related papers
Restorative Approaches, Young People and Criminal Justice
Youth Crime and Justice, 2006
Restorative justice has become a core element of much youth justice policy and practice internationally. Within the UK, it has been incorporated into several aspects of the youth justice system, notably through new police cautioning procedures and referral orders. In this chapter we critically analyse restorative approaches to youth justice, focusing on the UK, and question how they fit within a system that attempts to deliver 'justice' for children. We start by looking at definitions of restorative justice before considering some examples of restorative approaches, how they have been incorporated into policy and practice and the evidence as to whether such schemes achieve their objectives. We then move on to question how restorative justice is located within traditional and punitive models of justice and how the needs of children are incorporated into restorative approaches.
Laws
Since the establishment of Youth Offending Teams (YOTs) in England and Wales in 1999, all victims of youth crime, must, in accordance with national instruments, be consulted by YOTs as to their wishes and provided with the opportunity to get involved in a restorative justice (RJ) initiative. RJ should be the underlying principle for all youth justice disposals and victims must be invited to be part of the process. If, as evidenced and consistently outlined in guidance, policy and research, the fundamental principle of inclusivity and victim participation are imperative to RJ, then to what extent are YOTs in England and Wales ‘fully’ restorative? Drawing upon the findings of a larger empirical study, this article specifically examines the use of RJ in seven YOTs in England and Wales to demonstrate that RJ has not been fully integrated into practice nor widely embedded into YOT culture. Victims of youth crime, continue to be systematically excluded from RJ. This paper outlines the dis...
British Journal of Criminology, 2002
This article examines some recent attempts to introduce elements of restorative justice into the youth justice system. We focus on the introduction of referral orders and youth offender panels and, in particular, consider the issues of community participation and representation. In examining the early experiences of these new ways of working we highlight a series of questions that arise out of the tension between the participatory character of restorative justice and the managerialist nature of much contemporary youth justice in England and Wales.
Restorative justice and therapeutic jurisprudence measures have recently been introduced into youth justice systems. As gatekeepers to these measures, Children's Court magistrates play a crucial role in their success. However, little research has been undertaken on magistrates' views of these measures. This article addresses this gap by presenting results of interviews undertaken with Children's Court magistrates in New South Wales, Australia. Our research suggests that magistrates are enthusiastic about the philosophy of both restorative and therapeutic measures, but are reluctant to embrace them if they consider them under-resourced, poorly understood and/or poorly implemented. The implications of these findings are discussed.
International Handbook of Juvenile Justice, 2006
Though Northern Ireland is a relatively small jurisdiction within Ireland and the United Kingdom, it has its own unique system of youth justice which very recently has undergone significant transformation. A restorative justice approach to deal with young offenders and victims has been mainstreamed through a process called “youth conferencing.” This new approach offers valuable insights in terms of youth justice policy and practice to the international forum and in this chapter we explore some of its potentials and limitations.
Restorative Justice and Youth Justice: Bringing Theory and Practice Closer Together in Europe
Reforming Juvenile Justice, Springer Publications, 2009
Restorative justice can be viewed as a victim-centred approach which conceptualises criminal behaviour in a very different manner from which it has been traditionally conceived within orthodox models of criminal justice. In recent years, it has come to exert an increasingly strong influence over juvenile justice systems as policymakers have become increasingly concerned about the capacity of the traditional criminal justice system to deliver participatory processes and fair outcomes that are capable of benefiting victims, offenders and society at large.
Restorative justice and the prevention of youth reoffending
2014
This thesis is made up of three papers. The first is a systematic literature review investigating the effectiveness of restorative justice interventions on reducing the reoffending rate of young people. The review consists of nine studies, the majority of which (N=8) found that there was no significant difference between the impact of restorative justice interventions, and other interventions targeting young offenders, on the rate of reoffending. One study found that restorative justice interventions had a significant positive effect at a three-year follow-up period. Following this, recommendations were made for future research. This included the exploration of the views of restorative justice Case Managers as to what factors are important in enabling restorative justice interventions to prevent young people reoffending. The second paper is a bridging document which explains how key decisions throughout the process of completing this piece of work were made, and makes explicit the j...
Contemporary Justice Review, 2010
Research investigating the impact of restorative responses on offenders has increased in sophistication and complexity over the last decade. Extending beyond earlier studies documenting satisfaction with restorative justice, investigators have considered its relationship with recidivism, reparation compliance and perception of fairness. A few experimental studies have compared conventional and restorative approaches, with results generally favoring the latter. This study focuses on intermediate outcomes of justice approaches on adolescents responsible for harm. These outcomes represent benefits of restorative justice often theoretically argued but rarely empirically evaluated. The study employed a quasi-experimental design and scales developed through previous qualitative research and consultation with stakeholders. Adolescents participating in conventional vs restorative responses, in both court and school contexts, were compared on eight variables in three areas: accountability, relationship repair and closure. While some variation in outcome depends on context, the results add to the growing literature documenting the benefits of restorative approaches.