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Restorative Justice Theory and Practice: Addressing the Discrepancy View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Publikationsserver der Universität Tübingen European Institute for Crime Prevention and Control, affiliated with the United Nations (HEUNI) P.O. Box 444 FIN-00531 Helsinki Finland Publication Series No. 52 Theo Gavrielides Restorative Justice Theory and Practice: Addressing the Discrepancy Helsinki 2007 Copies can be purchased from: Academic Bookstore Criminal Justice Press P.O.Box 128 P.O.Box 249 FIN-00101 Helsinki Monsey, NY 10952 Finland USA Website: http://www.akateeminen.com Website: http://www.criminaljusticepress.com ISBN 978-952-5333-32-9 ISSN 1237-4741 Printed by Hakapaino Oy, Helsinki, Finland "I encourage you to read Dr. Gavrielides' book on restorative justice that examines the disconnect between theory and practice in this field. I believe it is an important book that reminds those of us who are engaged in criminal justice reform to regularly take stock of the direction of the restorative justice movement." Lisa M. Rea President and Founder The Justice & Reconciliation Project, USA “In a time when restorative justice has been embraced with unbridled enthusiasm by virtually every criminal justice network and dispute resolution stakeholder outside of the criminal justice system, Theo Gavrielides presents us with an original, comprehensive, and essential examination of the subject. This work should be read by anyone and everyone who is the least bit interested in the future health of the restorative justice movement.” John Winterdyk, Ph.D. Department of Justice Studies Chair, Mount Royal College, Canada “Theo Gavrielides has provided a constructive and thought-provoking contribution to our understanding of the dynamics of one of the most significant contemporary developments in thinking about criminal justice.” Professor Nicola Lacey, LSE, UK "The rapidly increasing numbers of people incarcerated in UK prisons is a clear demonstration that imprisonment alone does not work to reduce reoffending. Restorative Justice offers society the opportunity to deal with crime in a grown up and effective way and this important book by Theo Gavrielides provides the reader with extensive research on the subject as well as examples of good practice. This excellent book is highly recommended". Tony Shepherd MBA RN FInstD C.Dir Chief Executive Safer London Foundation, UK This book makes a clear case for the use of restorative justice through such methods as victim-offender mediation, family group conferencing and community restorative boards… the book pushes the boundaries for restorative justice as it examines its application with regard to hate crime and sexual offending cases. It also carries a warning that if restorative justice is not supported in a way that respects its core values it will soon be watered down and disappear – that in itself would be a crime.” Dinah Cox Chief Executive Race On The Agenda "Restorative justice is a noble concept, but if the actual practice does not match the ideal, it could be discredited. That would be a great loss. Theo Gavrielides has brought together some challenging thoughts about this danger…" Martin Wright, European Forum of restorative justice and Restorative Justice Consortium, UK and EU It is a concise, engaging, innovative and informative book for practitioners and scholars. This comprehensive introduction to restorative justice provides a much-needed textbook for an increasingly popular area of study and practice, which can be used as a basis for further theoretical development and elaboration on the concept’s limitations and accountability. Dr. Effi Lambropoulou Professor of Criminology Department of Sociology Panteion University of Social and Politic, Greece Dr. Theo Gavrielides’ book provides a special journey from the underlying theoretical foundations to the daily practice of restorative justice. By his thought-provoking and critical approach, he gifts the restorative justice field with an essential analysis that bridges theory and practice in an interdisciplinary and multisectoral way. Borbala Fellegi, researcher and lecturer at the ELTE University, consultant of the Ministry of Justice in Hungary in the field of restorative justice, Hungary As a restorative justice practitioner for ten years, I continue to be impressed with the in-depth research Theo Gavrielides does in the field of restorative justice. He meets the challenges with provocative and cutting edge topics directly and succinctly… The struggle of theory vs. practice has been a difficult one in the field since restorative justice began mostly with practice. Gavrielides approaches this struggle with wisdom of historical roots and with encouragement that restorative justice is developing theory to catch up with practice. Linda Harvey Program Director and Founder of the Restorative Justice Council on Sexual Misconduct in Faith Communities, USA Contents Foreword.........................................................................................................11 Restorative Justice Theory and Practice - Problem Statement ........................13 Impetus for the Book ...................................................................................... 14 Methodology and Organisation of the Book................................................... 17 Acknowledgements......................................................................................... 18 PART ONE: ARGUING AND ANALYSING THE RESTORATIVE JUSTICE LITERATURE .............................................................................19 Restorative Theory and Practice in Context ....................................................20 Understanding the 'Restorative Justice Theory' through Contemporary Writings: 1970s-today..................................................................................... 21 Understanding the 'Restorative Justice Practice'............................................. 29 Victim-Offender Mediation ............................................................................................. 31 Family Group Conferences .............................................................................................. 33 Healing and Sentencing/Peacekeeping-peacemaking Circles .......................................... 34 Community Restorative Boards ....................................................................................... 35 Restorative Justice: the Perplexing Concept....................................................36 Conflicts in Conception: Six Fault-Lines within the Restorative Justice Movement ....................................................................................................... 36 Restorative Justice: a New Paradigm or a Complementary Model? ................................ 38 A Place for Restorative Justice Practices: within or Outside the Criminal Justice System? ................................................................................................................ 39 A Definition for Restorative Justice: Process-based or Outcome-based? ........................ 40 Stakeholders in Restorative Justice: How Big should the Circle be?............................... 41 Restorative Justice: an Alternative Punishment or Alternative to Punishment? .............. 41 The Restorative Justice Principles and their Flexibility................................................... 42 Striking an Accord .......................................................................................... 43 Tony Marshall’s Definition.............................................................................................. 44 Definition by the ‘Working Party on Restorative Justice’ ............................................... 45 Ron Claassen’s Principles................................................................................................ 47 A Definition by the United Nations ................................................................................. 47 Declaration of Leuven...................................................................................................... 49 The Victim-Offender Mediation Association (VOMA) Guidelines................................. 50 The Restorative Justice Consortium Principles................................................................ 50 David Miers’ Findings ..................................................................................................... 51 The International Dimension of Restorative Justice: from Theory to Policy & Practice .............................................................................................52 Restorative Justice In Policy Making: National Experiences......................... 53 New Zealand .................................................................................................................... 54 Canada.............................................................................................................................. 59 Australia........................................................................................................................... 62 England and Wales........................................................................................................... 64 Restorative Justice in Policy Making: International Experiences................... 72 Regional Restorative Justice: The Example of Europe .................................................... 72 Council of Europe ...........................................................................................................
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