Advancing Restorative Justice in Criminal Justice Settings and Beyond

A special issue of Laws (ISSN 2075-471X). This special issue belongs to the section "Criminal Justice Issues".

Deadline for manuscript submissions: closed (10 November 2021) | Viewed by 32787

Special Issue Editor

School of Sciences, Bath Spa University, Newton Park, Bath, BA29BN, United Kingdom.
Interests: restorative justice; therapeutic jurisprudence; problem solving justice

Special Issue Information

Dear Colleagues

Thank you for your interest in this Special Issue on advancing restorative justice in criminal justice settings and beyond. There is no denying that restorative justice is now firmly lodged in the mainstream of many criminal justice systems. It has developed as both a movement and as a philosophy designed to give victims a stronger voice in the criminal process, to solve problems and to provide a forum by which conflicting parties are brought together.

While traditionally associated with the criminal justice system, the use of restorative justice and its principles have extended far beyond criminal justice settings. It has undergone significant change, and the term ‘restorative’ is now applied to a variety of settings and practices. While use of the term restorative justice is appropriate for an association with the criminal justice system, the term restorative practice might be better suited to the use of restorative principles in other environments.

This Special Issue seeks contributions from scholars, researchers, practitioners and policy makers on the development of restorative justice in criminal justice settings and of restorative practice in non- criminal justice settings. These can include (but are not limited to) the development of restorative justice / practice within the police, prisons, probation, transitional justice settings, schools, communities and the workplace. We are especially interested in pieces which identify challenges to the development of restorative justice / practice in particular settings and what has been done to overcome such challenges. 

Dr. Paul Gavin
Guest Editor

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Keywords

  • restorative justice
  • restorative practice
  • criminal justice
  • conflict resolution
  • problem solving.

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Published Papers (4 papers)

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Research

12 pages, 247 KiB  
Article
Can Restorative Justice Provide a Better Outcome for Participants and Society than the Courts?
by Liam J. Leonard
Laws 2022, 11(1), 14; https://doi.org/10.3390/laws11010014 - 14 Feb 2022
Cited by 7 | Viewed by 11736
Abstract
This article will examine understandings that underpin restorative justice outcomes for participants in order to propose that restorative justice conferences may provide better outcomes for participants than the formal courts of the criminal justice system. The analysis will attempt to shed light on [...] Read more.
This article will examine understandings that underpin restorative justice outcomes for participants in order to propose that restorative justice conferences may provide better outcomes for participants than the formal courts of the criminal justice system. The analysis will attempt to shed light on the benefits of the restorative justice conferencing process. These benefits will be shown to include positive individual and community outcomes, which ‘restore’ participants in a manner which may be closer to concepts of ‘justice’ than the formal court process. Full article
(This article belongs to the Special Issue Advancing Restorative Justice in Criminal Justice Settings and Beyond)
17 pages, 298 KiB  
Article
Restorative Practice in the Criminal Justice System: Examining a Restorative Reasoning Programme in a Women’s Prison
by Ella Rees and Jonathan Hobson
Laws 2021, 10(4), 95; https://doi.org/10.3390/laws10040095 - 15 Dec 2021
Cited by 6 | Viewed by 6239
Abstract
This paper is an analysis of a six-week Restorative Reasoning Programme that took place with 13 women in a UK women’s prison. It is an exploratory evaluation based on an adapted version of the QUALIPREV scheme. This two-stage evaluation examines both the processes [...] Read more.
This paper is an analysis of a six-week Restorative Reasoning Programme that took place with 13 women in a UK women’s prison. It is an exploratory evaluation based on an adapted version of the QUALIPREV scheme. This two-stage evaluation examines both the processes of the programme, in terms of how well it ran, as well as the outcomes of the programme, in terms of how effective it was in supporting the women to address problem behaviours. Data comprise interviews with the two programme designers and facilitators and with two Prison staff responsible for activities and training; the programme materials used during the scheme; session evaluation forms; and post-programme self-completion reflections from the women engaged in the programme. Overall, the scheme had a range of positive impacts for the women: many expressed a change in attitude, including being more open for discourse and discussion around the harm they may have caused, being more willing to consider the repair needed in their personal relationships, and in some cases seeking subsequent referrals for further restorative work. Full article
(This article belongs to the Special Issue Advancing Restorative Justice in Criminal Justice Settings and Beyond)
9 pages, 252 KiB  
Article
Is Restorative Justice an Effective Approach in Responding to Children and Young People Who Sexually Harm?
by Lisa Mary Armstrong
Laws 2021, 10(4), 86; https://doi.org/10.3390/laws10040086 - 12 Nov 2021
Cited by 4 | Viewed by 6697
Abstract
In the UK, Australia, and further afield, restorative programmes have been developed as a response to the failure of the criminal justice system to give victims of sexual violence a voice in the legal process. The restorative justice literature has tended to focus [...] Read more.
In the UK, Australia, and further afield, restorative programmes have been developed as a response to the failure of the criminal justice system to give victims of sexual violence a voice in the legal process. The restorative justice literature has tended to focus on sexual offences perpetrated by adults and the importance of being victim centred. When it is a child or young person (CYP) who sexually harms, it poses a unique set of challenges for law and society and the restorative practitioner. This article explores the reasons why a different approach may be warranted given the perceived failure of conventional criminal justice in addressing the growing problem of child and adolescent harmful sexual behaviour (HSB) in Scotland. It discusses the difficulties with balancing the rights of the victim with the CYP who perpetrates the HSB and considers the challenges encountered by practitioners in the implementation and application of restorative programmes in HSB cases involving CYP. Although the evidence supports a growing need for a different approach, and restorative justice may offer just that, problems with net widening, the referral process, and resistance from other professionals and victim advocacy groups present real barriers. Consequently, restorative practitioners are likely to find practising in this area more challenging due to a lack of support and cooperation. Full article
(This article belongs to the Special Issue Advancing Restorative Justice in Criminal Justice Settings and Beyond)
16 pages, 273 KiB  
Article
Restorative Practices in Institutional Settings: The Challenges of Contractualised Support within the Managed Community of Supported Housing
by Jonathan Hobson, Brian Payne, Kenneth Lynch and Darren Hyde
Laws 2021, 10(3), 60; https://doi.org/10.3390/laws10030060 - 25 Jul 2021
Cited by 7 | Viewed by 5981
Abstract
Supported housing services provide help to some of the most vulnerable in society, yet across the world face increasing pressures from residualisation in the form of service reduction and stretched budgets. In response to these challenges, providers of supported housing and other similar [...] Read more.
Supported housing services provide help to some of the most vulnerable in society, yet across the world face increasing pressures from residualisation in the form of service reduction and stretched budgets. In response to these challenges, providers of supported housing and other similar community-focused services have sought alternative and innovative methods of engagement. This paper reports on one such example, the Restorative Communities Programme, which took place in 2018 in a residential supported housing setting for males aged 16–25. Designed as a five-week programme, it aimed to offer a proactive intervention promoting the benefits of restorative thinking. The research team observed the sessions and conducted follow-up qualitative interviews after two weeks and one year. This paper considers the challenges and success of the programme, reflecting particularly on issues of contractualised support and its impact on participation, and the dynamics of running such programs within the ‘managed community’ of a supported housing project. As such, the paper provides a useful analysis for others exploring the development and use of restorative projects in institutional settings, such as prisons, probation, and schools, and particularly those services struggling with the pressures of residualisation. Full article
(This article belongs to the Special Issue Advancing Restorative Justice in Criminal Justice Settings and Beyond)
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