CriticalRestorativeJustice.com

A snapshot into a fast-growing area of research on the micro-mechanisms that make restorative justice practices ‘work’ or ‘fail’.

Gavrielides, T. (Ed.). (2016). The psychology of restorative justice: Managing the power within. London: Routledge.

Excerpt

‘This ground-breaking collection dares to take the next step in the advancement of an autonomous, inter-disciplinary restorative justice field of study. It brings together criminology, social psychology, legal theory, neuroscience, affect-script psychology, sociology, forensic mental health, political sciences, psychology and positive psychology to articulate for the first time a psychological concept of restorative justice. To this end, the book studies the power structures of the restorative justice movement, the very psychology, motivations and emotions of the practitioners who implement it as well as the drivers of its theoreticians and researchers. Furthermore, it examines the strengths and weakness of our own societies and the communities that are called to participate as parties in restorative justice. Their own biases, hunger for power and control, fears and hopes are investigated. The psychology and dynamics between those it aims to reach as well as those who are funding it, including policy makers and politicians, are looked into. All these questions lead to creating an understanding of the psychology of restorative justice. The book is essential reading for academics, researchers, policymakers, practitioners and campaigners.’

Commentary

Gavrielides’ pioneering edited collection remains an excellent introduction to the field of the psychology of restorative justice, providing the reader with critical insights from multiple methodological perspectives.

Rossner, M. (2013) Just Emotions: Rituals of Restorative Justice. Oxford University Press

Excerpt

‘Restorative justice has captured the attention of justice practitioners, academics, and communities worldwide. While most of the research on restorative justice suggests that it has the potential to repair the harm of a criminal offence and reduce offending, there is also evidence that it can have no effect or even make things worse. This book attempts to address these conflicting findings by analyzing how conferences work as a unique form of justice ritual. It pioneers new approaches to the micro level study of the processes and emotions involved in successful conferences and offers clues on how to improve the practice. It explores how rituals unfold dynamically in space and time, analyses both failed and successful rituals, and provides a statistical model of the ritual elements of restorative justice and how these rituals may impact reoffending. These elements combine to form a micro level theory of restorative justice.’

Commentary

A ground-breaking study, at the intersection between micro-sociology and social psychology, pointing to the necessity of exploring the ritual side of restorative encounters, its meanings, conditions and effects on people.

Saulnier, A. and Sivasubramaniam, D. (2015) Restorative Justice: Underlying Mechanisms and Future Directions, New Criminal Law Review: An International and Interdisciplinary Journal, 18(4), 510–36. .

Abstract

‘As the popularity of restorative procedures increases, it is important to reflect on what we do and do not know about restorative justice, in order to enhance the effectiveness of restorative practices. In particular, we know little about the mechanisms that encourage success in restorative procedures. This article reviews research examining how, why, and for whom restorative procedures work. We consider how restorative processes differ from more traditional forms of retributive justice, and review the empirical research on factors driving people’s perceptions of and responses to restorative justice. Through this overview of the existing knowledge base regarding why and for whom restorative procedures work, we draw attention to gaps in the restorative justice literature. We highlight the need for more focused research in understudied areas—in particular, we discuss the need for further development of experimental methods in restorative justice research—which will enable restorative justice scholars to develop more effective procedures that complement existing legal processes..’

Commentary

An excellent introduction to a complex field, highlighting gaps in the literature and calling for experimental research on restorative justice

Witvlieta, C., Worthingtonb, E., Rootc, L., Satod, A., Ludwiga, T. and Exlinee, J. (2008) Retributive justice, restorative justice, and forgiveness: An experimental psychophysiology analysis, Journal of Experimental Social Psychology 44(1), 10-25

Abstract

‘This experiment assessed the emotional self-reports and physiology of justice outcomes and forgiveness responses to a common crime, using a three Justice (retributive, restorative, no justice) × 2 Forgiveness (forgiveness, none) repeated-measures design. Participants (27 males, 29 females) imagined their residence was burglarized, followed by six counterbalanced justice–forgiveness outcomes. Imagery of justice—especially restorative—and forgiveness each reduced unforgiving motivations and negative emotion (anger, fear), and increased prosocial and positive emotion (empathy, gratitude). Imagery of granting forgiveness (versus not) was associated with less heart rate reactivity and better recovery; less negative emotion expression at the brow (corrugator EMG); and less aroused expression at the eye (lower orbicularis oculi EMG when justice was absent). When forgiveness was not imagined, justice-physiology effects emerged: signs of cardiovascular stress (rate pressure products) were lower for retributive versus no justice; and sympathetic nervous system responding (skin conductance) was calmer for restorative versus retributive justice‘.

Commentary

An interesting take on a subject – forgiveness – often (yet not always critically) discussed within restorative justice scholarship.

Poulson, B. (2003), ‘A Third Voice: A Review of Empirical Research on the Psychological Outcomes of Restorative Justice’, Utah Law Review, 1, 167-203

Abstract

‘Within the field of restorative justice, at least three voices may be heard: the voice of theory, the voice of practice, and the voice of research, which is the focus of this Article. Data from seven evaluation studies of restorative justice and court programs from around the world are combined on twelve psychological outcomes, such as judgments of fairness, accountability, increased respect, and reductions in fear. Despite substantial differences in the implementation of the restorative justice programs and the persons and cases included, the data were remarkably consistent: restorative justice outperformed court procedures on almost every variable for victims and offenders. In addition, connections between the benefits of restorative justice and recent psychiatric research on youth suicide are sketched, with the possible benefits of restorative justice (as compared to court) in saving lives. Overall, restorative justice emerged as a compelling and effective alternative to court in all measured outcomes.’

Commentary

A useful, yet now perhaps slightly outdated meta-study on the psychology of restorative justice

Dromet, D. and Darley, J. (2009) Retributive and restorative justice: Importance of crime severity and shared identity in people’s justice responses, Australian Journal of Psychology, 61(1), 50–57.

Abstract

‘Retributive and restorative justice present two different responses to wrongdoing: one that focuses on addressing the moral wrong through punitive sanctions (retribution) and one that focuses on addressing the harm that has been caused through reparative sanctions (restoration). Psychological investigations of what factors influence which justice outcome that people desire (retributive, restorative, or both) have focused on two constructs: crime severity and shared identity. The crime severity approach contends that people can have multiple justice goals, and which justice goals people want to fulfil is dependent on the salient features of the situation (such as offence seriousness). The shared identity approach argues that people’s desire for restoration or retribution is dependent on the shared identity and perceptions of value consensus between offender and victim in the judgement context. The findings related to both of these factors are reviewed, and possibilities for future research integrating these two approaches are discussed.‘

Commentary

An original paper on the relation between crime severity and personal identity in restorative justice settings.

Randall, M., & Haskell, L. (2013). Trauma-informed approaches to law: Why restorative justice must understand trauma and psychological coping. Dalhousie LJ, 36, 501.

Abstract

‘Becoming trauma informed entails becoming more astutely aware of the ways in which people who are traumatized have their life trajectories shaped by the experience and its effects, and developing policies and practices which reflect this understanding. The idea that law and, in particular the criminal justice system, should be trauma informed is novel, and, as a result, quite underdeveloped. In this paper we advance the general argument that more effective, fair, intelligent, and just legal responses must work from a perspective which is trauma informed. We specifically apply this argument to legal work being carried out and developed under the rubric of restorative justice as this way of thinking about law focuses on acknowledging and repairing the harms to individuals and relationships which result from conflict, crime or other wrongdoing’

Commentary

This is an area which particularly among restorative justice practitioners is felt as both crucial and in need of further research. This paper provides an excellent overview of why being ‘trauma-informed’ is important for those delivering restorative justice services. There is need of studies which also unpack critically the notion of ‘trauma-informed’ practice.

Gromet, D. M. (2009). Psychological perspectives on the place of restorative justice in criminal justice systems. In Oswald et al. Social psychology of punishment of crime, 39-54. Wiley.

Excerpt

‘With the growing interest in and use of restorative justice, a number of psychological questions emerge about both the effectiveness and the acceptability of restorative justice procedures. Both psychological and criminological research have examined victim and offender outcomes with regard to restorative justice, but my interest is in the perceptions of the general community towards this process. This chapter will focus on the following questions: Do people find restorative justice an acceptable way to achieve justice? How can restorative justice be included in justice systems so that people feel that justice is being achieved? Before I explore these questions, I will first review what is known about restorative justice and its effectiveness as a justice process’

Commentary

An interesting study on some preliminary benefits of conducting psychological research on restorative justice.

Angel C. M., Sherman L. W., Strang H., Ariel B., Bennett S., Inkpen N., Keane A., Richmond T. S. (2014). Short-term effects of restorative justice conferences on post-traumatic stress symptoms among robbery and burglary victims: a randomized controlled trial. Journal of Experimental Criminology, 10(3), 291–307

Abstract

‘Objectives To examine the impact of face-to-face restorative justice conference (RJC) meetings led by police officers between crime victims and their offenders on victims’ post-traumatic stress symptoms. Methods Two trials conducted in London randomly assigned burglary or robbery cases with consenting victims and offenders to either a face-to-face restorative justice conference (RJC) in addition to conventional justice treatment or conventional treatment without a RJC. Post-traumatic stress symptoms (PTSS) were measured with the Impact of Event Scale-Revised (IES-R) within 1 month of treatment for 192 victims. We assessed the prevalence and severity of PTSS scores following treatment, using independent sample t tests and chi square statistics. We further measured the magnitude of the differences between the groups, using effect size analyses. Results Analyses show that PTSS scores are significantly lower among victims assigned to RJC in addition to criminal justice processing through the courts than to customary criminal justice processing alone. There are overall 49 % fewer victims with clinical levels of PTSS, and possible PTSD (IES-R≥25). Main treatment effects are significant (t=2.069; p<.05). Conclusions Findings suggest that restorative justice conferences reduce clinical levels of PTSS and possibly PTSD in a short-term follow-up assessment. Future research should include longer follow-up, larger and more stratified samples, and financial data to account for the cost benefit implications of RJ conferences compared to ordinary PTSS treatments.’

Commentary

One of the very few quantitative studies available on the psychological effects of restorative justice. It focus on a very specific pool of crime victims and was led by leading scholar in the filed (Sherman, Strang etc.)

Nascimento, A. M., Andrade, J., & de Castro Rodrigues, A. (2022). The Psychological Impact of Restorative Justice Practices on Victims of Crimes—a Systematic Review. Trauma, Violence, & Abuse.

Abstract

‘Background: Restorative justice emerges as a theoretical-practical approach to the criminal legal system, in which the reparation of damage of the victim is a central point. However, the growing empirical production referring to the effects of this approach on victims is sometimes shown to be weakened or dispersed, focusing mainly on their satisfaction. Objective: The present work intended to systematically evaluate the empirical production of the restorative justice field, to aggregate and examine information in the literature regarding the psychological impacts on victims who participated in restorative practices. Methods: A search was made using electronic databases to identify quantitative, qualitative, and mixed-method studies, published between January 2000 and December 2020 that reported psychological impacts on real victims of crimes, who participated in mediations/conferences victim–offender. Results: 35 studies were identified as focusing on the psychological impacts on victims resulting from restorative practices. These studies have shown effects on post-traumatic symptomatology, on the emotions and emotional needs resulted from victimization, as well as on the victims’ perceptions of their offenders. Conclusions: The present research showed that restorative justice practices have a positive psychological impact on victims, who are frequently forgotten in conventional justice, and that some of these impacts persist over time.’

Commentary

One of the most recent systematic assessments of the literature on the psychological impact of restorative justice. A must read.

Tapp J., Moore E., Stephenson M., Cull D (2020). The image has been changed in my mind”: a case of restorative justice in a forensic mental health setting. The Journal of Forensic Practice, 22(4), 213–222. 

Abstract

‘Purpose This paper aims to describe the process and outcomes of restorative justice (RJ) between a detained patient with autism and a person he harmed. Design/methodology/approach A single case study design was used to provide an in-depth description of a RJ referral. Findings Restorative outcomes that align with the theories of RJ, in particular trauma processing and emotional reconnection, were observed by RJ practitioners and reported by participants. The person harmed reported a “safer” memory of the offence. Research limitations/implications The absence of outcome assessments limits the findings to observational data and self-reported experiences from participants. A triangulated outcome approach is recommended. Practical implications RJ practices can safely be applied within a secure hospital environment. The RJ process can also be followed by a person with difficulties in social and emotional processing. Originality/value The RJ process provides a safe framework within which forensic mental health services can respond to the needs of victims, which are not routinely addressed in standard clinical practice, and in worst case scenarios, may even be overlooked.’

Commentary

Restorative justice in forensic mental health settings is an area which recently has been attracting both scholars and practitioners. This study provides interesting material on what happens when restorative justice is practised in those settings and its psychological impact

Velez, G. and Gavrielides, T. (2022) Restorative Justice: Promoting Peace and Wellbeing. Springer

Excerpt

‘Illuminates the connection between peace psychology and restorative justices Demonstrates the importance of psychological theory in restorative practices Emphasizes the elements of dialogue and the role of restorative justice values for achieving peace’

Commentary

A rich and interesting edited collection including contributions from international scholars and practitioners on the links between restorative justice and peace psychology

Regalia, C., Pelucchi, S., Paleari, F. G., Manzi, C., & Brambilla, M. (2015). Forgiving the terrorists of the Years of Lead in Italy: The role of restorative justice beliefs and sociocognitive determinants. Group Processes & Intergroup Relations, 18(5), 609-623.

Abstract

‘The period of political terrorism named the “Years of Lead” (Anni di Piombo) started in Italy at the end of the 1960s and lasted until the late 1980s. The social wounds of this bloody time are still not healed, and there is a social debate about the opportunity to concede forgiveness to those responsible for those crimes. Drawing from the intergroup forgiveness literature, we tested a model explaining under which conditions forgiveness towards terrorists could be supported by Italian citizens. The model was tested in two generations: 331 Italian citizens who were adolescents or adults during the terrorism period and 208 Italian young adults born after the end of the Years of Lead. Findings showed that restorative justice beliefs and sociocognitive variables, like outgroup empathy and trust, were uniquely linked to forgiveness towards the terrorists.’

Commentary

A very interesting work on one specific experience of restorative justice and a historical case of terrorism in Italy.

Katterl, S. (2022) Preventing and responding to harm: Restorative and responsive mental health regulation in Victoria, Australian Journal of Social Issues, https://doi.org/10.1002/ajs4.242

Abstract

‘Mental health systems are built on imperfect foundations. Rather than reflect the “dark old days” of psychiatry, mental health systems, still, commit wide-spread breaches of mental health and human rights laws. During such time, mental health regulators have failed to adequately enforce mental health laws and respond to harms in ways that are transparent and include the community. The Victorian mental health system, with the Mental Health Complaints Commissioner as the principal regulator, provides a case-in-point. Following a Royal Commission into Victoria’s Mental Health System, the state government will dissolve the current regulator and establish a new Mental Health and Wellbeing Commission, with enhanced powers. This paper argues that this new regulator should adopt a more conscious implementation of restorative justice and responsive regulation, termed here restorative and responsive regulation. Of particular value is the use of restorative practices such as conferences and an augmenting of sentencing circles within a broader responsive regulatory framework.’

Commentary

A recent study advocating for structural changes in the overseeing of mental health services in Australia, using restorative justice as a responsive regulatory tool

Hansberry, W., Williams, S., Lennox, J. B., George, G., Abramson, L., Hutchison, K., … & Casey, M. (2014). The psychology of emotion in restorative practice: How affect script psychology explains how and why restorative practice works. Jessica Kingsley Publishers.

Abstract

‘How and why does restorative practice (RP) work? This book presents the biological theory, affect script psychology (ASP), behind RP, and shows how it works in practice in different settings. ASP explains how the central nervous system triggers ‘affects’ which are the basis of all human motivation and emotion. The book presents a clear explanation of what ASP is, how it relates to RP, and how ASP helps practitioners to understand relationships, emotions and dynamics in their work. The chapters are based around case studies which demonstrate RP in criminal justice, organizational and education settings. They show how theory links to practice, and how having a deep understanding of the theory has helped practitioners to be successful in their work. Providing an accessible explanation of how RP works, this book will be invaluable to all RP practitioners in any setting, as well as RP students and academics’

Commentary

An original sets of analysis on how a specifc psychological theory (affect script psychology) may help understand some of the dynamics taking place within restorative encounters.

Halsey, M., Goldsmith, A., & Bamford, D. (2015). Achieving restorative justice: Assessing contrition and forgiveness in the adult conference process. Australian & New Zealand Journal of Criminology, 48(4), 483–497.

Abstract

‘This paper examines the key processes and outcomes of a pilot adult restorative justice programme initiated in one Australian state. We focus particularly on the methods used to ‘capture’ expressions of contrition and forgiveness in various conference settings. In addition, we examine the legal and procedural considerations arising from the pilot, and draw, importantly, on victim and offender narratives of ‘the conference experience’. In concluding, we note the substantive potential for restorative justice to play a meaningful role in adult contexts and briefly consider the future for initiatives of this kind.’

Commentary

A study on how contrition and forgiveness are shaped and registered during restorative encounters, highlighting the necessity of socio-psychological analyses of such dynamics and particularly of how facilitators deal with them

Meléndez, A. (2021). The role of criminogenic needs and emotions in restorative justice: Offenders’ experiences in victim–offender mediation. European Journal of Probation, 13(1), 21–40..

Abstract

‘Restorative interventions can deal with some criminogenic needs. They can address the offenders’ antisocial attitudes, lack of problem-solving strategies, empathy and self-control or, substance use problems (Moraleda et al., 2004; Raynor et al., 2012; Vanstone and Raynor, 2012). At the same time, restorative justice practices offer the possibility to express emotions and feelings, which are essential elements in a transformative process. The purpose of this article is to identify both, criminogenic needs and emotions expression through offenders’ experiences in Victim–Offender mediation (VOM). The research is developed in three phases and include qualitative and quantitative research methods. This article focuses in the second and third phases. The second involves non participant observation of VOM (40); and the third requires a post-analysis of the process (questionnaires 40), which includes an interview (12) occurring six months after VOM. General data give us a variety of results, and qualitative analysis exemplifies the different cases.‘

Commentary

A recent empirical study on the growing field of ’emotions in restorative justice’, focussing on victim-offender mediation. The analysis of the relations between criminogenic needs and emotions is particularly original and useful when designing specific practical interventions

Spacey, M. and Thompson, N. (2021) Beyond Individual Trauma: Towards a Multi-Faceted Trauma-Informed Restorative Approach to Youth Justice That Connects Individual Trauma With Family Reparation and Recognition of Bias and Discrimination, British Journal of Community Justice https://doi.org/10.48411/vcqn-0794

Abstract

‘This article outlines findings from surveys and interviews with young people and their parents/caregivers in a Youth Offending Service (YOS) in London. The YOS worked to a model of three elements, these being: trauma-informed practice; restorative justice; awareness of unconscious bias. The article presents a literature review that explores these key elements of the YOS model before presenting the findings that emerge from the data. We found the trauma-recovery approach builds resilience, hope for the future, and a positive sense of self-identity in young people. Within this, restorative practice between young people and parents was identified as a unique and impactful form of the trauma-recovery process. Awareness of bias and a non-judgemental approach also appeared to impact positively on young people, with some limitations. Integrating restorative practice and awareness of bias into the trauma-informed approach built a unique multi-faceted approach to trauma-informed care that took account of individual, family and institutional trauma. This integrated approach makes possible trauma-informed restorative practices centred on reparation of harm done to young people, including by the professionals and institutions that should protect them. We argue that truly restorative trauma-informed youth justice interventions need a combined focus on the individual and systemic traumas experienced by young people in order to recognise how their lives are impacted not just by individual or family problems but by broader issues of structural inequality.‘

Commentary

A very interesting paper on a critical analysis of trauma in restorative justice in the youth justice system, providing a valuable analysis of trauma-informed practice in this field

Lloyd, A., Borrill, J. Examining the Effectiveness of Restorative Justice in Reducing Victims’ Post-Traumatic Stress. Psychol. Inj. and Law 13, 77–89 (2020). https://doi.org/10.1007/s12207-019-09363-9

Abstract

‘Crime victimisation is a significant life event that can lead to the development of post-traumatic symptomology. Compared with the general population, victims of crime are significantly more likely to present with symptoms of post-traumatic stress disorder (PTSD). Restorative justice is an approach to criminal justice that considers the goal of the justice system to restore victims to their state pre-victimisation. The purpose of this review was to evaluate the effectiveness of restorative justice in reducing symptoms of post-traumatic stress that develop following victimisation. Relevant databases were searched to identify quantitative studies measuring post-traumatic symptoms in victims of crime who successfully completed either a restorative justice or customary justice intervention. A total of seven studies were identified examining one or more facet of post-traumatic symptomology. These studies provide modest support that restorative justice did produce a greater improvement on post-traumatic symptoms than customary justice procedures. However, this was only consistently evidenced for symptoms of avoidance and intrusion, whereas there were mixed findings with regard to the subscales of negative alterations in mood and cognition, and arousal and reactivity. Reasons for these inconsistencies are discussed and recommendation made for further empirical work on this subject.‘

Commentary

A very useful paper testing the ambitious claim that restorative justice may reduce victims’ PTSD symptoms. It calls for further research in the field and more caution when considering the psychological impact of restorative justice

Pycroft, A., & Christen-Schneider, C. (2021). An exploration of trauma-informed practices in restorative justice: a phenomenological study. International Journal of Restorative Justice, 2

Abstract

‘While several studies identify trauma as a main risk factor for developing offending behaviour, the criminal justice system still largely ignores the problem, and the same seems to be true of restorative justice. This article offers a critical exploration of trauma-informed work with offenders using interpretative phenomenological analysis. The interviewees perceive a growing interest in the topic of trauma and trauma-informed care (TIC). However, they also identify several areas that seem to hinder a trauma-informed approach, not only with offenders but also with victims. One concern is the tendency to institutionalise restorative justice with an emphasis on efficiency, effectiveness and outcome orientation. The interviewees also perceive a revengeful and retributive attitude in their societies that does not condone restorative measures that seemingly favour offenders. This tendency appears even stronger in societies that have suffered from collaborative trauma and not recovered from it. Interviewees therefore advocate for raising awareness of trauma, the consequences of unhealed trauma and the need to work trauma-informed with all stakeholders, including offenders and the extended, affected community. They also appeal for increased training to be provided for practitioners in TIC and self-care as these areas seem essential to provide safe and beneficial processes for all stakeholders.’

Commentary

An in-depth phenomenological analysis of this recent development of restorative justice combined with trauma informed practice, providing thought provoking insights and interesting findings

Batchelor, D (2023). Talking punishment: How victim perceptions of punishment change when they communicate with offenders, Punishment and Society, 25(2), 519-536.

Abstract

The myth that restorative justice is the opposite of retributive justice persists, despite a long history of rhetorical challenges. Only empirical evidence can advance the debate, so this article investigates the relationship between punishment and victim–offender communication from the victim’s perspective. Interviews with 40 victims of crime established that some victims saw victim–offender communication and punishment as alternatives, and others saw them as independent. However, more than half the participants expected that communicating with the offender would increase their satisfaction with the offender’s punishment or reported afterwards that this was in fact the case, suggesting that some victims fulfil punishment objectives through communication with the offender. The changes occurred when victims received information about the offender’s punishment, received feedback from the offender or used communication with the offender to impose a mild punishment of their own. Victims were not excessively punitive, but this study demonstrates the existence of an association between punishment and victim–offender communication from at least some victims’ perspectives. This article argues that we should not ignore or attempt to eliminate this relationship. Rather, acknowledging and examining the existence of punishment within victim–offender communication would improve practice and generate better outcomes for victims, offenders and society.

Commentary

A recent work on some psychological dynamics affecting the communication between parties within restorative justice encounters, documenting the effects of communication with ‘offeders’ on victims’ closure.