CriticalRestorativeJustice.com

Restorative justice is used as much for those behaviours often called ‘crimes’ or ‘offenses’ as for those which are (yet) not criminalised and still described as ‘conflicts’ or ‘harms’. This happens in a variety of organisationa settings such as schools, heathcare organisations, workplaces etc. Significant reserach has been conducted on these apllications.

Karp, D. R., & Breslin, B. (2001). Restorative justice in school communities. Youth & Society, 33(2), 249-272.

Abstract

‘In response to recent school violence, most schools in the United States have adopted increasingly punitive disciplinary policies. However, some schools have embraced restorative justice practices. This article explores the recent implementation of these practices in school communities in Minnesota, Colorado, and Pennsylvania, examining how school communities can make use of this approach to address drug and alcohol problems and how this approach may offer an alternative to zero-tolerance policies’.

Commentary

A pioneering study on restorative justice as an alternative to punishment-based disciplinary means in schools.

Knight, D., & Wadhwa, A. (2014). Expanding Opportunity through Critical Restorative Justice: Portraits of Resilience at the Individual and School Level. Schools: Studies in Education, 11(1), 11–33.

Abstract

‘AUTHORS’ NOTE : The stories and portraits presented in this article emerge from our respective experiences with a previous student while teaching in San Francisco and from research at a credit recovery program in a large ur- ban high school in Boston. One of us, David, is a black male and special education teacher at a Boston arts high school. The other, Anita, is a South Asian female who coordinates a restorative justice program at an alternative high school in Houston. We hope that these portraits reveal how relation- ships among adults, students, and communities influence individuals as well as whole-school structures. We also hope to show that resilience is much more than a “special something” possessed by the few, but something experienced by many students and the adults who support them. At the same time, we witness how the school-to-prison pipeline hinders the resilience of many ur- ban students of color. Therefore, to ground ourselves in an issue relevant to our times, we show the promise restorative justice practices hold in the nur- turing of resilience. Yours, in solidarity‘

Commentary

A brilliant, experiential critique of zero-tolerance school discipline indicted of harming marginalised students and a serious proposal for a critical restorative justice as an alternative. Using peacemaking circles, they show how schools can build resilience by fostering trust, dialogue, and supportive adult–student relationships. They argue resilience is not just individual but collective, nurtured through community care. The article closes with practical tips for implementing circles: start small, include diverse voices, and adapt to local school cultures. The real value of this paper lies in the the authors’ understanding of restorative justice not merely as a technical conflcit-resolution tool but as a cultural shift-making school-wide effort, rooted in the awareness of the link between school harms and larger social conflicts, and therefore of the necessary dialogue between restorative and social justice. A must read.

Gonzalez, T. (2012). Keeping kids in schools: Restorative justice, punitive discipline, and the school to prison pipeline. JL & Educ., 41, 281.

Abstract

‘Although the use of restorative justice in schools is hardly new globally, the emergence of school-based restorative justice in the United States as an educational practice to address the far-reaching negative impacts of punitive discipline policies is a more recent phenomenon. School-based restorative justice programs in the United States have grown exponentially in the last five years. Within the school context, restorative justice is broadly defined as an approach to discipline that engages all parties in a balanced practice that brings together all people impacted by an issue or behavior. It allows students, teachers, families, schools, and communities to resolve conflict, promote academic achievement, and address school safety. Restorative justice practice in schools is often seen as building on existing relationships and complementary with other non-discipline practices, such as peer mediation or youth courts. This Article examines the implementation, development, and impact of a school-based restorative justice program across the United States with a specific case study of North High School in Denver, Colorado. Part II details the impact of punitive discipline policies in schools as a framework for understanding the critical importance for schools to adopt alternative practices in addressing student behavior. Part III presents the practice of restorative justice in schools. Specifically, Part ll provides a foundation for understanding the emergence of school-based restorative justice, the philosophy of restorative justice, and models of restorative justice in schools. Part III also discusses preliminary data collected from school-based restorative programs. Part IV contextualizes the school-based restorative justice practice in the Denver Public School District. This article concludes in Part V with reflections on the need for reform of punitive schools’ discipline policies as integral to a fight for educational equity.‘

Commentary

A fundamental reading for those particulary interested in how restorative justice could contribute to disrupt the school-to-prison pipeline in the US.

Pranis, K. (2006). Healing and accountability in the criminal justice system: Applying restorative justice processes in the workplace. Cardozo J. Conflict Resol., 8, 659.

Abstract

‘Efforts to implement restorative justice in the criminal justice system are often undermined by workplace cultures that are not based on restorative justice values and principles (Wonshe, 2004). Implementing a fully restorative approach to crime requires the co- operation and commitment of those working in the criminal justice system. However, people working in the criminal justice system often feel victimized or unfairly treated as employees. When staff are asked to treat victims and offenders with respect and dignity and are asked to allow them a voice, staff often become more acutely aware of the lack of dignity and respect and lack of voice they experience in the workplace. Until workplace cultures are brought more into alignment with restorative values it will be diffi- cult to sustain restorative practices with victims and offenders. This essay will describe efforts to apply the principles and processes of restorative justice to the criminal justice system in prison as a workplace. The initiative began as a pilot project in one facility when prison staff recognized that they could not effectively work with inmates in a restorative way until they changed their relationships with one another. Based on the positive experience of the pilot project the Minnesota Department of Corrections’

Commentary

A pioneering study on the use of restorative justice for workplace disputes, written by an internationally renowned scholar.

Amin, D., Bajaj, K., & Giuntoli, A. (2022). A Need to Embrace Restorative Justice at the Heart of the Patient Safety Movement. Journal of Medical Toxicology, 1-2.

Abstract

‘In 2017, a nurse in Tennessee committed a fatal medication error and was found guilty of criminal negligent homicide and abuse of an impaired adult by a jury in March of 2022…’

Commentary

The development of restorative justice in healthcare contexts is an interesting subject, yet still largerly unexplored. This paper makes a case for restorative justice to handle patient-staff relational breakdowns in healthcare settings

Dhami, M. K., Mantle, G., & Fox, D. (2009). Restorative justice in prisons. Contemporary justice review, 12(4), 433-448.

Abstract

‘Restorative justice (RJ) has found significant utility outside the prison setting. For many reasons, it has not received the same level of consideration inside the institution. While not every case can, or perhaps should be considered for restorative justice processing inside the prison, some could easily fall into the broad purview range of restorative and transformative justice. We provide examples of RJ practices that exist in some prisons focusing on: offending behavior and victim awareness programs, community service work, and victim‐offender mediation, as well as prison systems that exhibit a RJ philosophy. Also considered are the effectiveness of prison RJ practices, and the limitations of such efforts. Although RJ has the potential to have a positive impact on the work of prisons and the experience of imprisonment, it has not found wide acceptance and is currently limited to a relatively small number of prisons and then often only delivered in partial form. We believe that RJ has a realistic future in prison settings and that the contradictions that may be identified are not debilitating.‘

Commentary

An interesting exploration of the potential of restorative justice in prison settings, discussing tensions and possibilities to reconcile restorative justice and the logic of prisons, with some excellent examples from the field.

Ross, R. and Muro, D. (2020) Possibilities of prison-based restorative justice: transformation beyond recidivism. Contemporary Justice Review, 23:3, 291-313,

Abstract

‘Research on restorative justice in prison settings has focused largely on the relationship between restorative and criminal justice, or on the potential of such programs to reduce recidivism rates among participants. Little research focuses on possible other transformations that restorative justice can engender among incarcerated individuals. We address this gap by describing the outcomes of an evaluation of Mending Bridges, a restorative justice program implemented at three men’s correctional institutions in New England. Our research points to the transformative potential of this program, not only among individuals but also in changing behaviors and relationships that have an impact on the prison community as a whole.’

Commentary

A more recent work on restroative justice in prison settings, focussing less on the compatibility between restorative justice and prison and more on the effects of the former on people incarcerated.

Karp, D. R., & Sacks, C. (2014). Student conduct, restorative justice, and student development: Findings from the STARR project: A student accountability and restorative research project. Contemporary Justice Review, 17(2), 154-172.

Abstract

‘The STudent Accountability and Restorative Research (STARR) Project is a multi-campus study of college student disciplinary practices in the USA, comparing traditional conduct hearings that use restorative justice practices alongside traditional college student misconduct hearings. A coherent set of learning goals in college student conduct administration and a robust data-set capable of measuring student learning across different types of disciplinary practice, in particular, comparing traditional ‘model code’ practice with emerging restorative justice processes are examined. Integrating several student development theories, we identify six student development goals: just community/self-authorship, active accountability, interpersonal competence, social ties to institution, procedural fairness, and closure. The STARR Project includes data from 18 college and university campuses across the USA. We analyzed 659 student conduct cases based on surveys of student offenders, conduct officers, and other participants in the conduct processes. Using multiple regression to control for a variety of influences, we determined that the type of conduct process used is the single most influential factor in student learning. In addition, restorative justice practices were routinely found to have a greater impact on student learning than model code hearings.’

Commentary

A fantastic study from international experts on restorative justice in schools, focussing on a specific project (STARR) comparing outcomes of restorative justice for students’ misconduct in higher education settings to outcomes from standard disciplinary processes.