Restorative Justice, Youth Violence, and Policing: A Review of the Evidence
Abstract
:1. Introduction
1.1. Restorative Justice, Restorative Practice, and Its Applications
‘not limited to formal processes, such as restorative conferences or family group conferences, but range from informal to formal […] 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. […] As restorative practices become more formal, they involve more people, require more planning and time, and are more structured and complete.’
- Direct contact (face-to-face): for example, victim-offender conferences, circles;
- Indirect contact (non-face-to-face): for example, letter writing, shuttle work;
- Potentially overlapping processes: for example, victim and offender circles that may or may not intersect, surrogate offender interactions;
- Discrete processes: for example, healing circles for victims, community or family to repair relationships.
1.2. Policing, Young People, Violence, and Restorative Justice
1.3. Context for the Study
2. Method
2.1. Eligibility Criteria
2.2. Academic Database Searching Approach
2.3. Non-Academic Database Searching Approach
2.4. Inclusion and Exclusion Sifting Process
- Reporting empirical research, policy analysis or reflection, restorative justice intervention evaluations, applied research, and exploratory research (D). Papers could be qualitative, quantitative or mixed methods (R). Opinion pieces, personal blogs, reviews of literature, and descriptive papers with no empirical component or reflective pieces were excluded.
- Centred on an intervention aimed at reducing youth violence or improving victim outcomes (D). Reviewed studies included the varied experiences in the implementation and development process in both criminal and non-criminal justice settings (such as schools).
- Describing any restorative justice technique/approach; the search was not confined by a narrow understanding of restorative justice limited to face-to-face conferencing/interventions (PI).
- Nature of the intervention
- Target population?
- Intervention?
- Location?
- What was found to work well?
- What problems were identified?
- What potential solutions were identified?
2.5. Quality Evaluation
3. Results
3.1. Included Studies
3.2. Details of the Studies Included
4. Discussion
4.1. Benefits
4.2. Challenges
4.3. Delivery Considerations
5. Conclusions
Author Contributions
Funding
Institutional Review Board Statement
Data Availability Statement
Acknowledgments
Conflicts of Interest
References
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Author(s) | Location | Focus of Study | Findings Summary |
---|---|---|---|
Armstrong (2021) | Scotland | An analysis of prior work exploring the reasons why a restorative approach may be of benefit give the perceived failure of conventional criminal justice in addressing the growing problem of child and adolescent harmful sexual behaviour (HSB) in Scotland. | Restorative approaches may be warranted given the perceived failure of conventional criminal justice in addressing child and adolescent HSB in Scotland. Such approaches can empower victims and offer them the opportunity to seek answers to the questions the CJS cannot provide. |
Banks (2011) | Southern Sudan and East Timor | Comparative examination of draft laws in Southern Sudan and East Timor to provide insights into policy choices and the relationship between international norms of child protection and traditional restorative practices. | The importance of considering the relationship between international norms of child protection and traditional and cultural restorative practices. |
Barretto et al. (2018) | New Zealand | A qualitative analysis of an open-ended survey from a nationally representative sample on public sentiments to address youth justice issues. | Public sentiments showed considerable support for a multi-faceted approach that utilised a combination of rehabilitative, punitive, and restorative forms of justice. |
Blackley and Bartels (2018) | Australia | Examination of sentencing and treatment practices for juvenile sex offenders in Australia, using examples of judicial reasoning in sentencing. | Multi-systems and ecological approaches to treatment that promote offender rehabilitation and accountability while also providing justice and safety for victims and communities. These included restorative justice conferencing and therapeutic treatment orders, which showed promising results in reducing sexual recidivism. |
Bonell et al. (2018) | England | Cluster randomised trial, with economic and process evaluations, of the Learning Together intervention compared with standard practice (controls) over 3 years in secondary schools in south-east England. | Learning Together consisted of staff training in restorative practice; convening and facilitating a school action group; and a student social and emotional skills curriculum. Primary outcomes were self-reported experience of bullying victimisation (Gatehouse Bullying Scale) and perpetration of aggression (Edinburgh Study of Youth Transitions and Crime School Misbehaviour Subscale) measured at 36 months. Data was analysed using intention-to-treat longitudinal mixed-effects models. |
Brathay Trust (2017) | England | Analysis of the Turning the Spotlight Programme led by Cumbria Office for the Police Crime Commissioner and delivering programmes to prevent and reduce incidents of hate crime and domestic abuse. | High numbers of participants from the programmes reported an increased sense of empowerment in relation to keeping themselves safe, including personal development factors such as: increased feelings of self-worth, improved communication skills, increased awareness of self and situational context, and recognition of personal strengths. |
Clark (2012) | South Africa | Examination of the potential merits of restorative justice as a response to the problem of youth violence, focusing particularly on the 2009 Child Justice Act based on fieldwork in South Africa. | This research draws on both the author’s qualitative interview data and a range of surveys with young people conducted by the Centre for Justice and Crime Prevention in Cape Town. |
Cossins (2008) | Australia, the United Kingdom, and New Zealand | Re-analysis of the data reported in Daly (2006) (see below) and comparing restorative justice with other reforms to sexual assault trials. The research looked to explore whether restorative justice is one of the ways forward in the difficult area of prosecuting child sex offenses. | There is insufficient evidence to support the view that there are inherent benefits in the restorative justice process that provide victims of sexual assault with a superior form of justice. The major concern is that restorative justice will not be able to defuse the power relationship between victim and offender and will re-traumatize victims. |
Criminal Justice Joint Inspection (2012) | England and Wales | Joint Inspection by HM Inspectorate of Constabulary, HM Inspectorate of Probation, HM Crown Prosecution Service Inspectorate, and HM Inspectorate of Prisons. Fieldwork comprised an inspection of police forces, probation trusts, and youth offending teams (YOTs) in six areas: Sussex, Norfolk, Merseyside, West Midlands, Greater Manchester, and North Wales. In each area the researchers interviewed staff, victims, and offenders; conducted focus groups with the public; examined a sample of case records, and; inspected custodial establishments. | Over three-quarters of victims participating directly in youth offender panels were happy with their experience of restorative justice and said that it was effective in achieving reparation for the harm done to them. However, not enough victims are engaging directly with youth offender panels. |
Daly (2006) | Australia | Drawing on the South Australia Juvenile Justice project dataset to analyse youth peer violence (‘punch-ups’) with a focus on girl-on-girl assaults. | Debate on the appropriateness of RJ for cases of gendered violence is polarized, in part, because there is a lack of empirical evidence and, in part, because of the symbolic politics of justice in responding to violence against women and child victims. However, the conference process was found to be less victimizing than the court process and may produce more effective outcomes. |
Daly (2006) | Australia | Findings from an archival study of nearly 400 cases of youth sexual assault, comparing conference cases to community service cases over a six-and-a-half-year period. | For conference cases, participation in the Mary Street Programme (RJ) was associated with the lowest prevalence of reoffending (43 per cent), and community service was associated with higher levels (56 per cent). |
Froggett (2007) | England | Analysis of video data from a creative writing project with young offenders in the context of individuated restorative justice programmes. | It was found that a crucial step in moral learning for these young people is the willingness to self-reflectively acknowledge their own destructiveness in a context which fosters an internal sense of guilt and concern for the hurt caused to others. |
Gal (2021) | International | Review of existing findings from the fields of RJ, children’s rights, psychology, and victimology. | A positive RJ process can provide a constitutive event for children that can affect the way they develop, can strengthen and even repair support systems, enhance resilience, and reduce use of maladaptive coping mechanisms such as self-blame and aggression. |
Harden et al. (2015) | USA | Analysis of a youth violence prevention and intervention program involving 44 high school-age youth from violence-exposed urban communities in a nine-month, multidisciplinary, after-school program. | Youth in the communities experienced pervasive traumatic stress and in multiple manifestation, and the evaluated the programme showed statistically significant pre- and post-test differences in mean scores for participants on 41 outcome measures (for school, community, family, experience, and self) as compared to just 4 statistically significant pre- and post-test differences in mean scores for the comparison group for measures of community and self. |
Harland (2011) | Northern Ireland | Qualitative study carried out by the Centre for Young Men’s Studies with 130 marginalized young men aged 13 to 16 from 20 different communities across Northern Ireland addressing themes of violence, conflict, and safety. | Multi agency approaches with local community-led programs and peacebuilding processes can help to engage marginalized young men in peacebuilding, better prepare them for living in a multicultural society, and help alleviate the fear, apprehension, suspicion, and distrust of others. |
Kelly (2017) | USA | Data from National Centre for Educational Statistics study of US schools (n = 2648), used to identify use of interventions intended to reduce school violence. | Identified interventions intended to reduce school violence. Schools that used Conflict Transformation Education interventions and Restorative Justice/Discipline interventions were predictive of lower rates of violence reported in schools. Schools which reported using both mental health and restorative justice/discipline together reported lower rates of disciplinary actions. |
Kim and Gerber (2012) | Australia | Australian data from Reintegrative Shaming Experiments between 1995 and 1999 examining juvenile offenders’ perceptions on preventing reoffending, repaying the victim and society, and the degree of repentance. | There was no significant relationship between RJ conference and the offenders’ own perceptions on the prevention of future offending. However, those who experienced RJ conferences are significantly more likely to perceive that they were able to repay the victim and repay society than those who had experienced traditional court processing. |
Lane et al. (2007) | USA | Randomized experiment, comparing youths in the experimental group, who had interventions that were restorative, with those on routine probation, using interviews with youths in both the experimental and control groups 1 year after random assignment. | Youths who had the restorative treatment were less likely to have taken drugs recently and less likely to have been involved in violence or homicide. |
London Assembly Police and Crime Committee (2016) | England | London Assembly Police and Crime Committee report on causes of youth serious crime and how best to prevent offending | Approaches to tackling serious youth violence should include RJ, which would build London’s focus on young victims. |
Mann (2016) | USA | Examination of the perceptions of school discipline administrators on implementing Peer Jury as an alternative school discipline strategy. Analysed the impact on attendance, instruction, recidivism of negative behaviour, and the disproportionality in the issuance of sanctions. | Peer Jury approaches in schools: (1) promotes leadership, accountability, ownership, and civic engagement; (2) increases student attendance and instructional time; (3) decreases discipline problems and negative behaviour, including recidivism rates; (4) are recommended as an alternative to suspension and expulsion; (5) can support parents and community engagement; (7) addresses disproportionality of sanctions issued; (8) are an effective discipline option. |
Mateer (2010) | USA | Using a case study format with interviews of involved administrators, teachers, and juvenile justice practitioners to document how a junior high school community recovered from a planned copycat to the Columbine shooting. | Restorative justice practices used in the school were uniquely suited to the event and responsive to the healing needs of the community at the time. In this situation not only was the harm repaired, but the community used the pain created by the harm to create a transformation improving the school. |
Movsisyan (2014) | USA | A qualitative case study which included interviews of students from grade 9–12 who had experience with school violence and with the assistant principal. | Youths at the school felt that the use of restorative justice and other similar communication approaches helped them to feel safe and not fear violence at school. The youths stated that because they felt safer, they were less prone to engage in violence to defend themselves. |
Moyer et al. (2020) | USA | Qualitative interviews and observations used to construct a case study of the successful campaign by Voices of Youth in Chicago Education to pass SB100, a progressive Illinois law aimed at ending the school-to-prison pipeline. | Storytelling empowered young people, particularly historically marginalised groups, and strengthened their relationships within the campaign, enabling them to see that their experiences were shared by others and therefore part of a larger systemic problem. |
Ohmer et al. (2010) | USA | Description of an exploratory study of a pilot training program the authors developed to facilitate residents’ ability to intervene in neighbourhood problems in a low-income community in Atlanta, Georgia. | After the programme trial, willingness to use direct intervention in problem situations increased from 3 to 9 out of 10. Restorative practices equipping people with skills to approach a situation with peaceful and non-threatening strategies and gave confidence to tackle conflicts more directly. |
Payne and Welch (2018) | USA | Analysis of data from a nationally representative sample of schools to examine school conditions that influence the use of restorative responses to violence and misbehaviour. | Restorative justice consistently produced positive effects, regardless of school characteristics. If implemented more broadly within schools, restorative justice may substantially reduce student offending, increase perceptions of safety, enhance learning, promote positive school climate, and dismantle the school-to-prison pipeline that is exacerbating inequality and disadvantage for certain students. |
Peurača and Vejmelka (2015) | Croatia | Analysis of a peer mediation programme based on interviews with three experienced experts in the field of peer mediation in Croatian schools. | The study found that there is the need to work on improving the implementation of peer mediation in schools, through: Innovative and comprehensive promotion of peer mediation; quality education of children and adults in peer mediation; evidence-based practice; multidisciplinary and cross-sectional cooperation; well planned and systematic collection of data and availability of results; systematic evaluation of programmes. |
Smokowski et al. (2018) | USA | Analysis of the North Caroline Youth Violence Prevention Center programme including ‘Positive Action’, administered in 13 middle schools for 3 years; ‘Parenting Wisely’, an online program provided to 300 parents; ‘Teen Court’, a community-based restorative justice alternative provided to 400 adolescents; and additional county-level data on levels of youth violence. | The efforts of this university–community partnership was associated with a 47% reduction in non-school-based offenses, a 31% reduction in undisciplined/delinquent complaints, and an 81% reduction in the use of corporal punishment, along with smaller reductions in school-based offenses, short-term suspensions, and assaults. In addition, some county-level indicators of violence decreased. |
The Independent Commission on Youth Crime and Antisocial Behaviour (2010) | England, Wales, Northern Ireland | Inquiry prompted by concern about deep-rooted failings in the response to antisocial behaviour and crime involving children and young people | The Commission proposed a major expansion of restorative justice in England and Wale to include youth conferencing as the centerpiece of responses to all, but the most serious offences committed by children and young people. |
US Department of Justice (2016) | USA | Descriptions of approaches taken to combat youth violence submitted by mayors and other officials in 30 US cities of varying sizes and representing every region of the country. | A successful response calls for strong partnerships between mayors and police chiefs of the kind that community restorative policing concepts have been shown over the past two decades to strengthen. |
Utheim (2011) | USA | Examination of the use of restorative practices for navigating conflicts among court-involved youth at an urban high school. | A restorative ethos allows social actors the opportunity to reclaim their human agency as participants of social conflicts. The sense of communal belonging and common humanity that restorative processes aim to inspire was often captured in conversations with senior or former students. |
Wallis et al. (2013) | England | Analysis of a Youth Offending Service innovative groupwork programmes, one for young people who have committed violent offences and the other for car crimes. | The young people that undertook the course saw value, and very few came back to the attention of the YOS for similar offences. |
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Hobson, J.; Twyman-Ghoshal, A.; Banwell-Moore, R.; Ash, D.P. Restorative Justice, Youth Violence, and Policing: A Review of the Evidence. Laws 2022, 11, 62. https://doi.org/10.3390/laws11040062
Hobson J, Twyman-Ghoshal A, Banwell-Moore R, Ash DP. Restorative Justice, Youth Violence, and Policing: A Review of the Evidence. Laws. 2022; 11(4):62. https://doi.org/10.3390/laws11040062
Chicago/Turabian StyleHobson, Jonathan, Anamika Twyman-Ghoshal, Rebecca Banwell-Moore, and Daniel P Ash. 2022. "Restorative Justice, Youth Violence, and Policing: A Review of the Evidence" Laws 11, no. 4: 62. https://doi.org/10.3390/laws11040062
APA StyleHobson, J., Twyman-Ghoshal, A., Banwell-Moore, R., & Ash, D. P. (2022). Restorative Justice, Youth Violence, and Policing: A Review of the Evidence. Laws, 11(4), 62. https://doi.org/10.3390/laws11040062