Vol. 14 No. 4 (April 2004), pp.271-274
REPOSITIONING RESTORATIVE JUSTICE, by Lode Walgrave (ed.).
Devon, UK: Willan Publishing, 2003. 416 pp. Hardback
£50.00 $64.95. ISBN: 1-84392-017-4. Paper £28.50 $39.95 ISBN: 1-84392-016-6.
Reviewed by Larry L. Tifft, Department of Sociology, Anthropology
& Social Work, Central Michigan University. E-mail: tifft1ll@cmich.edu
Restorative justice has increasingly become a significant
theme in public policy and program implementation debates in both juvenile
and criminal justice reform all over the world. Such policies and programs resonate with many different
publics and officials as a more effective way to increase citizen safety
and civility, and dialogically include victims in our responses to harm. While meeting victims’ needs for healing
and restoration, these processes also aim to personalize the need for offenders
to accept responsibility for their harmful actions, help them define their
needs, and offer them reasonable reintegration opportunities. These processes are also organized both
to decrease the rate of individual recidivism and promote constructive preventive
social change, so as to decrease the prevalence of harmful interpersonal
conflict.
REPOSITIONING RESTORATIVE JUSTICE is a collection of revised
keynote speeches and papers that were presented at the 5th international
conference organized by the International Network for Research on Restorative
Justice for Juveniles, held at Leuven, Belgium, in 2001. It is the second book published from this
conference. The first volume,
RESTORATIVE JUSTICE AND THE LAW, presented other keynote speeches, producing
a coherent commentary on the relationship between law and restorative justice.
REPOSITIONING RESTORATIVE JUSTICE is composed of four sections.
The first, “Discussing the Principles of Restorative Justice,” explores
the essentials, especially as these compare and contrast with the principles
of retributive justice, or the punishment paradigm. The second, “Evaluating the Scope of Restorative Practices,”
examines research on the effectiveness of restorative justice programs,
especially mediation and conferencing.
Section three, “Extending the Scope of Restorative Approaches,” presents
research on a number of creative programs and innovations that expand the
scope of traditional restorative justice inquiries. And, the fourth section, “Positioning Restorative Justice in
Several Countries,” describes how various nations have attempted to include
restorative processes in their practices and legislation.
In their lively theoretical essays, Martin Wright, Jolien
Willemsens, and Anne Lemonne question and explore the meanings of punishment,
whether intentional punishment is ethical, and whether restorative interventions
do or do not constitute punishment. Among other succinct points, Wright argues that we ought to
label sanctions according to intention, eliminate those whose primary intention
is to deliver pain, and to maximize voluntary participation in our interventions.
He concludes that in a non-adversarial, non-punitive set of responses
to harm, people would speak more freely, and much could be learned about
the circumstances which make crime and harm more likely.
Such findings [*272] could then more readily influence social policies
directed toward preventing crime and harm.
Joining the fierce debate among restorative justice advocates,
Willemsens sides with those who believe that intended harm (punishment)
should have no place in restorative justice policies and programs.
Her argument is that, while it is possible that those who harm might
experience restorative processes and sanctions as punitive, these processes
are not intended to cause pain and suffering.
Rather, they are organized to be restorative and socially constructive
for the person harmed, for the person who has committed the harm, and for
society. For some transgressions we must collectively
intervene to communicate that the actions taken are truly unacceptable.
Restorative interventions may be perceived as harms, as punishment. They may, when integrated into legal criminal
justice processes, impose restrictions or even the loss of liberty.
But, they are not intended to stigmatize, shame, and exclude the
persons involved in these conflicts.
While discussing the implementation of alternative conflict
resolution in Norway and Denmark, Lemonne cautions about the implementation
of supplementary mediation and other programs that serve to reinforce and/or
legitimate the current retributive, penal system. She further cautions that restorative
justice advocates must recognize and attend the social conditions and structural
violence or structural inequalities that constitute the behavioral context
for many of those whose actions lead them to be processed. If restorative processes are simply substituted
for the current penal system, we will have guaranteed ourselves that no
dent has occurred in the prevalence of crime and injury. The near exclusive and narrowed restorative
process focus on mediation and conferencing, to which most of this and other
books are devoted, offers us essentially no venue in which to dialogue and
address the systemic conditions of stratification. One fears that, like retributive processing,
restorative justice processing will function to legitimate the unjust stratification
and distributive justice arrangements of our societies.
The second section of the book provides four exceptional
articles evaluating restorative practices. Paul McCold assesses thirty years of evaluation research on
mediation and conferencing. His
review is exhaustive and comprehensive, giving us a feel for the many difficulties
of assessing these programs. Of
interest to me is that the effects of restorative justice on recidivism-an
outcome that is generally viewed as secondary-are different for different
types of harms. Restorative
processing experiences seem to have a greater impact in lowering recidivism
rates with serious, rather than minor offences, personal, rather than property
offences, and for offences with a direct victim involved.
The critical variables that make for a successful family group conference
are whether the conference was a memorable event, evoked remorse and also
led the young person to meet with the victim, apologize, and attempt to
make amends. For those of you interested in the comparative
effects of restorative justice (conferencing) to other ways of processing
offenders, recidivism rates for offenders is no higher for restorative conferencing
than it is for court adjudication. I would be most interested in reading future research
that explores [*273] whether the offenders received support and what kind
of support, if any, from their families, kin groups, and others, and if
this makes a difference. I
would, as well, be interested in knowing whether the injured parties received
increased support and if so, what kind of support from whom, as a result
of participating in the project. What
effects do these “follow-up” needs-meeting responses (or not)-have on the
participants’ quality of life?
Nathan Harris’ contribution focuses on an assessment of the
processes rather than the outcomes of restorative justice programs. There is relatively little research concerning
what processes contribute to making conferences successful and how such
a structure might be replicated. Harris’
innovative research is specific to an assessment of family group conferences
and is focused on the degree to which such processes lead to empowerment,
restoration, reintegration, and emotional resolution. The reasons for assessment
include providing qualitative measures against which restorative interventions
can be evaluated. Rather than
measuring whether restorative justice processing is effective, this research
measures the degree to which conference processes do, in fact, empower participants,
reintegrate offenders and victims, repair the harm caused by the offences,
and address emotional issues arising from the initial harm and the restorative
dialogic encounter. It is common for restorative justice advocates to argue that
the emotions of victims and offenders are as, or more important, than the
facts of the incident or conflict, and are often critical to achieving resolution
for both parties. Focus on
the emotional pain caused by an offence and by the restorative encounter
itself is supported by research indicating that the more successful conferences
are those that involve serious interpersonal violence and that include both
the offender and the victim in active interaction. If these encounters are the most successful for the offender,
are they also successful for the victim?
Following this more anthropological or sociological research
approach, Gabrielle Maxwell and her colleagues indicate that girls and boys
respond quite differently to their family group conference experiences.
In their on-going research, girls, more often than boys, felt that
they did not have a real opportunity to say what they wished and were not
allowed to place the events behind them.
Girls were also more likely to report that during the conference
they felt remorse for their actions.
But, on the other hand, girls were less likely than boys to report
that attending their conference had in any way helped them to stop or reduce
their offending behavior. Also taking a sociological approach, Isabelle
Delens-Ravier explores juvenile offenders’ perceptions of community service
in Belgium. Her inquiry sheds
light on whether community service is perceived as supplementary punishment
or a positive opportunity to learn from others. Research like this encourages us to ask whether community
service is truly designed to be perceived as a mutual process wherein community
members really engage with those doing the service, or whether it is organized
as a public shaming, a coercive experience from which one learns the lesson
that serving others and meeting others’ needs is to be avoided.
In expanding the scope of restorative practices, Valerie
Braithwaite and her [*274] colleagues explore how shame acknowledgement
and displacement are important predictors of bullying behavior at school. They conclude that the capacity to manage
shame adaptively needs nurturing in school settings and that a restorative
intervention program to address bullying can be a healthy alternative to
the legalistic approach. Such
programs can strengthen family members’ responsibility for teaching children
to acknowledge intentionality rather than displacing it, and to strengthen
school social organization so that character development is enhanced rather
than stifled.
The two other articles that I found to be most stimulating
and scope enhancing were Vesna Nikolic-Ristanovic’s critical assessment
of the complexities involved in developing an encompassing restorative justice
response to conflict and crime in Serbia and the nations that formerly composed
Yugoslavia, and Buyi Mbambo’s and Ann Skelton’s exploration of the South
African socio-cultural context, the African philosophy of ubuntu, and the receptivity of the nation for further implementation
of restorative programs. The remaining articles provide excellent background
to the historical development of restorative justice in Flanders (Belgium),
Italy, New Zealand, and Norway, representing both common-law and legalistic
nations.
This is a welcome and provocative set of papers that extends
our thinking about restorative justice theoretically and programmatically.
One can only hope that further international conferences organized
by the International Network stimulate such excellent work.
REFERENCE:
Walgrave, Lode (ed.). 2002. RESTORATIVE JUSTICE AND THE LAW. Devon, UK: Willan Publishing.
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Copyright 2004 by the author, Larry L. Tifft