Restorative practices

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Restorative practices (or RP) is a social science field concerned with improving and repairing relationships and social connections among people. [1] Whereas a zero tolerance social mediation system prioritizes punishment, RP privileges the repair of harm and dialogue among actors. [2] In fact, the purpose of RP is to build healthy communities, increase social capital, decrease crime and antisocial behavior, mend harm and restore relationships. [3] It ties together research in a variety of social science fields, including education, psychology, social work, criminology, sociology, organizational development and leadership. RP has been growing in popularity since the early 2000s and varying approaches exist. [4]

Contents

Overview

The social science of restorative practices offers a common thread to tie together theory, research and practice in diverse fields such as education, counseling, criminal justice, social work and organizational management. Individuals and organizations in many fields are developing models and methodology and performing empirical research that share the same implicit premise, but are often unaware of the commonality of each other's efforts. [4]

In education, restorative practices, such as circles and groups, provide opportunities for students to share their feelings, build relationships and solve problems, and when there is wrongdoing, to play an active role in addressing the wrong and making things right. [5] Schools that implement restorative practices (RP) have been found to provide safe school environments through building quality relationships and a supportive community. [6] Further, urban educators who carry out RP have observed a decrease in disciplinary issues and absenteeism, a heightened sense of community, as well as an increase in school safety and instructional time. [7]

For example, in criminal justice, restorative circles and restorative conferences allow victims, offenders and their respective family members and friends to come together to explore how everyone has been affected by an offense and, when possible, to decide how to repair the harm and meet their own needs. [8] In England's Criminal Justice System (CJS), prisons use RP to stimulate positive social interactions and decrease tension when situational challenges arise. [9] Introduced in the 1990s in some of Europe's CJS, RP has improved relationships between the prisons' residents and their relatives through restorative family interventions. [9]

In social work, family group decision-making (FGDM) or family group conferencing (FGC) processes empower extended families to meet privately, without professionals in the room, to make a plan to protect children in their own families from further violence and neglect or to avoid residential placement outside their own homes. [10]

These various fields employ different terms, all of which fall under the rubric of restorative practices: In the criminal justice field the phrase used is "restorative justice"; [11] in social work the term employed is "empowerment"; [12] in education, talk is of "positive discipline" [13] or "the responsive classroom"; [14] and in organizational leadership "horizontal management" [15] is referenced. The social science of restorative practices recognizes all of these perspectives and incorporates them into its scope.

Functions

The use of restorative practices has the potential to:

History

Restorative practices has its roots in restorative justice, a way of looking at criminal justice that emphasizes repairing the harm done to people and relationships rather than only punishing offenders. [11]

In the modern context, restorative justice originated in the 1970s as mediation or reconciliation between victims and offenders. In Elmira, Ontario, Canada, near Kitchener, in 1974 Mark Yantzi, a probation officer, arranged for two teenagers to meet directly with their victims following a vandalism spree and agree to restitution. The positive response by the victims led to the world's first victim-offender reconciliation program, in Kitchener, with the support of the Mennonite Central Committee and collaboration with the local probation department. [8] [17] The concept subsequently acquired various names, such as victim-offender mediation and victim-offender dialogue as it spread through North America and to Europe through the 1980s and 1990s. [18]

Restorative justice echoes ancient and indigenous practices employed in cultures all over the world, from Native American [19] [20] and First Nations [21] to African, [22] Asian, [23] Celtic, Hebrew, [24] [25] Arab [24] and many others.

Eventually modern restorative justice broadened to include communities of care as well, with victims' and offenders' families and friends participating in collaborative processes called conferences and circles. Conferencing addresses power imbalances between the victim and offender by including additional supporters. [26] In the 2010s, federal and local governments in the US, as well as community organizations, requested schools decrease suspension rates. To provide an alternative to disciplinary measures like suspension, large urban school districts, like New York City Public Schools and the Los Angeles Unified School District, started implementing RP. [27]

A major aspect of any restorative practice is neutrality. Though restorative practice aim to resolve issues within a group, the facilitation of the resolution is supposed to remain impartial. It is, therefore, important that facilitators of any restorative practice are neutral to the situation at issue. [28] Some researchers also classify the study of restorative practice through the concept of process and values. In this framework, process refers to the specific actions taken to repair harms and/or build community. Values refer to the overarching principals that guide those actions and that differ from more traditional justice that may be punitive. [29]

Terminology

Family group conference

The family group conference (FGC) started in New Zealand in 1989 as a response to native Māori people's concerns with the number of their children being removed from their homes by the courts. It was originally envisioned as a family empowerment process, not as restorative justice. [30] In North America it was renamed family group decision making (FGDM). [31]

Restorative conferences

In 1991 the FGC was adapted by an Australian police officer, Terry O'Connell, as a community policing strategy to divert young people from court, into a restorative process often called a restorative conference. It has been called other names, such as a community accountability conference [32] and victim-offender conference. [33] In 1994 Marg Thorsborne, an Australian educator, was the first to use a restorative conference in a school. [34]

Circles

A "circle" is a versatile restorative practice that can be used proactively, to develop relationships and build community or reactively, to respond to wrongdoing, conflicts and problems. Circles give people an opportunity to speak and listen to one another in an atmosphere of safety, decorum and equality. The circle process allows people to tell their stories and offer their own perspectives. [35]

The circle has a wide variety of purposes: conflict resolution, healing, support, decision making, information exchange and relationship development. Circles offer an alternative to contemporary meeting processes that often rely on hierarchy, win-lose positioning and argument. [36]

Circles can be used in any organizational, institutional or community setting. Circle time [37] and morning meetings [14] have been widely used in primary and elementary schools for many years and more recently in secondary schools and higher education. [38] [39] [40] In industry, the quality circle has been employed for decades to engage workers in achieving high manufacturing standards. [41] In 1992 Yukon Circuit Court Judge Barry Stewart pioneered the sentencing circle, which involved community members in helping to decide how to deal with an offender. [42] In 1994 Mennonite Pastor Harry Nigh befriended a mentally challenged repeat sex offender by forming a support group with some of his parishioners, called a circle of support and accountability, which was effective in preventing re-offending. [43]

Circles can be both proactive and reactive. Proactive circles aim to create a positive classroom or environmental climate as facilitators solicit the expression of opinions and ideas in a safe environment. [44] Reactive circles, often called restorative circles, work in conjunction with proactive circles. When a specific behavior or incident impacts individuals in the class or group, restorative circles aim to restore the climate and culture of the group through conflict resolution. Sometimes specific restorative conferences may transpire, which are direct and individual conferences between specific parties to discuss and resolve troubling behaviors and emotions. [45]

Difference between restorative justice and restorative practices

The notion of restorative practices evolved in part from the concept and practices of restorative justice [ broken anchor ]. But from the emergent point of view of restorative practices, restorative justice can be viewed as largely reactive, consisting of formal or informal responses to crime and other wrongdoing after it occurs. Restorative practices also includes the use of informal and formal processes that precede wrongdoing, those that proactively build relationships and a sense of community to prevent conflict and wrongdoing. [16]

Other terminology

The term restorative practices, along with terms like restorative approaches, restorative justice practices and restorative solutions, are increasingly used to describe practices related to or derived from restorative conferences and circles. These practices also include more informal practices (see Restorative Practices Continuum).

Use of restorative practices is now spreading worldwide, in education, [46] criminal justice, [47] social work, [48] counseling, [49] youth services, [50] workplace, [51] college residence hall [52] and faith community [53] applications. Notably, restorative practices can and do serve as reactionary tools in these settings but have also been successful when implemented as proactive pedagogy. [54]

Restorative practices continuum

Continuum of Restorative Practices (Wachtel) Continuum-of-restorative-practices.gif
Continuum of Restorative Practices (Wachtel)

Restorative practices are not limited to formal processes, such as restorative conferences or family group conferences, but range from informal to formal. On a restorative practices continuum, [16] [55] the informal practices include affective statements that communicate people's feelings, as well as affective questions that cause people to reflect on how their behavior has affected others. Impromptu restorative conferences, groups and circles [ broken anchor ] are somewhat more structured but do not require the elaborate preparation needed for formal conferences. Moving from left to right on the continuum, as restorative practices become more formal, they involve more people, require more planning and time, and are more structured and complete. Although a formal restorative process might have dramatic impact, informal practices have a cumulative impact because they are part of everyday life. [56]

The aim of restorative practices is to develop community and to manage conflict and tensions by repairing harm and building relationships. This statement identifies both proactive (building relationships and developing community) and reactive (repairing harm and restoring relationships) approaches. Organizations and services that only use the reactive without building the social capital beforehand are less successful than those that also employ the proactive. [57]

Social discipline window

Social Discipline Window. (Wachtel & McCold, adapted from Glaser, 1969) Social-discipline-window.gif
Social Discipline Window. (Wachtel & McCold, adapted from Glaser, 1969)

The social discipline window [16] [55] is a concept with broad application in many settings. It describes four basic approaches to maintaining social norms and behavioral boundaries. The four are represented as different combinations of high or low control and high or low support. The restorative domain combines both high control and high support and is characterized by doing things with people (collaboratively), rather than to them (coercively) or for them (without their involvement).

The social discipline window also defines restorative practices as a leadership model for parents in families, teachers in classrooms, administrators and managers in organizations, police and social workers in communities and judges and officials in government. The fundamental unifying hypothesis of restorative practices is that "people are happier, more cooperative and productive, and more likely to make positive changes when those in positions of authority do things with them, rather than to them or for them." [58] This hypothesis maintains that the punitive and authoritarian to mode and the permissive and paternalistic for mode are not as effective as the restorative, participatory, engaging with mode. [59]

The social discipline window reflects the seminal thinking of renowned Australian criminologist John Braithwaite, who has asserted that reliance on punishment as a social regulator is problematic because it shames and stigmatizes wrongdoers, pushes them into a negative societal subculture and fails to change their behavior. [60] The restorative approach, on the other hand, reintegrates wrongdoers back into their community and reduces the likelihood that they will reoffend.

Implementations of restorative practices

Educational system

There has been an accumulation of RP experiences in schools. Research on these seems to validate that RP has led to a decrease in disciplinary measures and slight diminishment in racial exclusionary gaps. [61] One goal of RP has been to close the racial disciplinary gap since students of color, especially African American children, are suspended more frequently than white students. [62] According to a 2018 US Office of Civil Rights study of the 2015-16 school year, Black boys made up approximately one twelfth (8%) of enrolled students but one fourth (25%) of suspended students. [63]

In a 2020 survey of fifth and eighth graders, students found RP's restorative circles (RC) as a valuable method of expression and of sharing perspectives about problems. [63] Students use RP as a way to express their thoughts and feelings, and encourage intercommunication. [63] Schools have used classroom conferencing to address disruption that has had an effect on learning. In such a situation, RP has helped teachers and students discuss behavioral expectations from one another. [6] In New Zealand, schools have experienced best restorative outcomes when all parties actively participate and understand how the problem originated, what should be done, and how the parties can reach a shared commitment that the issue not repeat itself. [64]

Prison system

RP has served to attend concerns of legitimacy, fairness, and accountability. Restorative conversations and circles, and family interventions, have played a positive role in building relationships between residents, officers, and families. [9] In one of England's prisons, residents and officers made use of a restorative circle to resolve a kitchen issue. Since the residents left the kitchen untidy on repeated occasions, the officers punitively closed the kitchen for a couple of days. However, the closing of the kitchen created bitterness among the residents, one of whom proposed to carry out a restorative circle to establish a kitchen code of conduct. Initially hesitant to participate, the officers eventually helped mediate the residents' agreement; the officers' presence provided a sense of security to the prisoners. [9]

Criticisms

There have been criticisms of RP from different perspectives. RP interventions among elementary-aged school children seem to be more impactful than among early teens or teenaged children. The effectiveness of interventions across grade levels must be examined. [63] Additionally, RP expectations may be unrealistic. Out of numerous RP components, schools may only implement RP circles yet await a shift in school climate. [63] In prison systems, RP is viewed as a soft option and counter to prison values by some officers. [9]

Related Research Articles

Transformative justice is a spectrum of social, economic, legal, and political practices and philosophies that aim to focus on the structures and underlying conditions that perpetuate harm and injustice. Taking up and expanding on the goals of restorative justice such as individual/community accountability, reparation, and non-retributive responses to harm, transformative justice imagines and puts into practice alternatives to the formal, state-based criminal justice system.

<span class="mw-page-title-main">Restorative justice</span> Restitution with input from victims and offenders

Restorative justice is an approach to justice that aims to repair the harm done to victims. In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm. For victims, the goal is to give them an active role in the process, and to reduce feelings of anxiety and powerlessness. Restorative justice programs can also complement traditional methods, such as retributive justice, and it has been argued that some cases of restorative justice constitute punishment from the perspectives of some positions on what punishment is.

<span class="mw-page-title-main">Juvenile delinquency</span> Illegal behavior by minors

Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. These acts would otherwise be considered crimes if the individuals committing them were older. The term delinquent usually refers to juvenile delinquency, and is also generalised to refer to a young person who behaves an unacceptable way.

<span class="mw-page-title-main">Juvenile court</span> Court to try minors for legal offenses

Juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults who have committed the same offense. Juveniles have a lack of capacity for understanding their criminal acts, meaning they also have diminished criminal responsibility compared to their adult counterparts.

<span class="mw-page-title-main">Positive youth development</span>

Positive youth development (PYD) programs are designed to optimize youth developmental progress. This is sought through a positivistic approach that emphasizes the inherent potential, strengths, and capabilities youth hold. PYD differs from other approaches within youth development work in that it rejects an emphasis on trying to correct what is considered wrong with children's behavior or development, renouncing a problem-oriented lens. Instead, it seeks to cultivate various personal assets and external contexts known to be important to human development.

A teen court is a problem-solving court within the juvenile justice system where teens charged with certain types of offenses can be sentenced by a jury of same-aged peers. Their purpose is to provide an alternative disposition for juveniles who have committed a delinquent act, have committed a minor offense, or have been charged with a misdemeanor, and are otherwise eligible for diversion. Depending on their training, community support, and agreements with traditional court systems, most teen or youth courts are recognized as valid, legal venues for the process of hearing cases, sentencing and sentence fulfillment. Teen courts and their verdicts are not authorized by public law.

<span class="mw-page-title-main">American juvenile justice system</span> Aspect of American justice system

The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.

<span class="mw-page-title-main">Howard Zehr</span> American criminologist

Howard J. Zehr is an American criminologist. Zehr is considered to be a pioneer of the modern concept of restorative justice.

<span class="mw-page-title-main">Parole and Probation Administration (Philippines)</span> Law enforcement agency

The Parole and Probation Administration, abbreviated as PPA, is an agency of the Philippine government under the Department of Justice responsible for providing a less costly alternative to imprisonment of first-time offenders who are likely to respond to individualized community-based treatment programs.

<span class="mw-page-title-main">Participatory justice</span>

Participatory justice, broadly speaking, refers to the direct participation of those affected most by a particular decision, in the decision-making process itself: this could refer to decisions made in a court of law or by policymakers. Popular participation has been called "the ethical seal of a democratic society" by Friedhelm Hengsbach, a professor of Christian Social Science and Economic and Social Ethics at the Philosophical-Theological College Sankt Georgen in Frankfurt and "the politics of the future" by Gene Stephens, professor of criminology at the University of South Carolina. It is about people and relationships.

Circles of Support and Accountability (CoSA) are groups of volunteers with professional supervision to support sex offenders as they reintegrate into society after their release from incarceration. Evaluations of CoSA indicate that participation in a CoSA can result in statistically significant reductions in repeat sexual offenses in 70% of cases, relative to what would be predicted by risk assessment or matched comparison subjects. CoSA projects exist throughout Canada, the United Kingdom, and some regions of the United States.

The International Institute for Restorative Practices Graduate School (IIRP) is a private university in Bethlehem, Pennsylvania, focused on restorative practices.

<span class="mw-page-title-main">Alternatives to imprisonment</span> Types of punishment or treatment other than time in prison

The alternatives to imprisonment are types of punishment or treatment other than time in prison that can be given to a person who is convicted of committing a crime. Some of these are also known as alternative sanctions. Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all. Capital punishment, corporal punishment and electronic monitoring are also alternatives to imprisonment, but are not promoted by modern prison reform movements for decarceration due to them being carceral in nature.

<span class="mw-page-title-main">Management of domestic violence</span>

The management of domestic violence deals with the treatment of victims of domestic violence and preventing repetitions of such violence. The response to domestic violence in Western countries is typically a combined effort between law enforcement, social services, and health care. The role of each has evolved as domestic violence has been brought more into public view.

<span class="mw-page-title-main">Incarceration prevention in the United States</span> Methods to reduce prison populations in America

Incarceration prevention refers to a variety of methods aimed at reducing prison populations and costs while fostering enhanced social structures. Due to the nature of incarceration in the United States today caused by issues leading to increased incarceration rates, there are methods aimed at preventing the incarceration of at-risk populations.

Social justice educational leadership emphasizes the belief that all students can and will reach proficiency, without exceptions or excuses, and that schools ought to be organized to advance the equitable learning of all students. Rather than focusing on one group of students who traditionally struggle, or who traditionally succeed, social justice leaders address the learning needs of all students. Social justice educational leadership specifically addresses how differences in race, income, language, ability, gender, and sexual orientation influence the design and effectiveness of learning environments. Social justice leadership draws from inclusive education practices from disability education, but extends the concepts further to support students from diverse groups with a wide range of needs. Through restructuring staff allocation and assessing student progress through disaggregated data, school leaders strive to create schools with equal access and equitable support for all students.

Positive criminology is based on the perspective that integration and positive life influences that help individuals develop personally and socially will lead to a reduced risk of criminal behavior and better recovery of offenders. Integration works in three levels: inter-personal, intra-personal and spiritual. Positive influences include participation in recovery programs, such as those for substance use disorders. Factors that can make growth difficult include a long-standing pattern of criminal activity, serious adverse life events, and chronic mental health illness.

Thomas Trenczek is a German law professor and mediator. He studied both law, and social sciences (M.A.) in Tübingen (Germany), and Minneapolis (USA). He is owner of the Steinberg Institute for Mediation and Conflict Management (SIMK) Hannover and works as a mediation trainer.

<span class="mw-page-title-main">Zvi Gabbay</span>

Zvi Gabbay is a partner and the head of the Capital Markets and Financial Regulation Department at the Barnea & Co. law firm. Prior to this, Dr. Gabbay served as the Head of Enforcement and a member of management at the Israel Securities Authority (ISA).

<span class="mw-page-title-main">Theo Gavrielides</span>

Theo Gavrielides is a legal philosopher. He is the founder and director of the Restorative Justice for All (RJ4All) international institute.

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