Published by CQ Press, an Imprint of SAGE Publications, Inc. www.cqresearcher.com Restorative Justice Can it help victims and rehabilitate criminals?

s calls for criminal justice reform grow louder, some social workers, religious leaders and legal experts want to expand the use of an alternative, A nonpunitive system of justice for cases ranging from student conflicts to assaults involving adults. They say that “restorative justice,” through “peace circles,” mediation and other methods, pro motes conciliation and remediation by bringing of - fenders, victims and community members together to determine Tiago Robinson, in charge of the Manhood how best to help victims and rehabilitate offenders. Advocates say Development Program at Oakland High School in California, passes a Hacky Sack to students to signify they can ask or answer questions during a program res torative justice can potentially reduce repeat offenses, incarceration aimed at teaching African-American boys how to become responsible men. The program uses ra tes and court costs. But critics, including some prosecutors, deride restorative justice principles that emphasize accountability and peaceful conflict resolution. it as a soft-on- approach that won’t work for violent such as assault. They also disagree with proponents’ claims that restorative justice programs can heal victims or keep career criminals from returning to . All sides agree more research is needed I to determine whether restorative justice can one day help transform THIS REPORT N THE ISSUES ...... 123 the nation’s criminal justice system. S BACKGROUND ...... 129 I CHRONOLOGY ...... 131 D CURRENT SITUATION ...... 136 E CQ Researcher • Feb. 5, 2016 • www.cqresearcher.com AT ISSUE ...... 137 Volume 26, Number 6 • Pages 121-144 OUTLOOK ...... 138 RECIPIENT Of SOCIETY Of PROfESSIONAL JOURNALISTS AwARD fOR BIBLIOGRAPHY ...... 142 EXCELLENCE N AmERICAN BAR ASSOCIATION SILvER GAvEL AwARD THE NEXT STEP ...... 143 RESTORATIvE JUSTICE

Feb. 5, 2016 THE ISSUES SIDEBARS AND GRAPHICS Volume 26, Number 6 EXECUTIVE EDITOR: Thomas J. Billitteri • Does restorative justice 124 Majority of States Have [email protected] 123 reduce recidivism? Restorative Justice Laws ASSISTANT MANAGING EDITORS: maryann • Should restorative justice Thirty-three states have laws Haggerty, [email protected], be used in cases of violent that require or mention some Kathy Koch , [email protected], form of restorative justice. Chuck mcCutcheon , crime? [email protected], • Can restorative justice Scott Rohrer, [email protected] address racial disparities in 128 Study: Conferencing Cut the criminal justice system? Juvenile Crime SENIOR CONTRIBUTING EDITOR: Restorative conferencing Thomas J. Colin helped reduce recidivism [email protected] among juvenile offenders in BACKGROUND CONTRIBUTING WRITERS: Brian Beary, Alameda County, Calif. marcia Clemmitt, Sarah Glazer, Kenneth Jost, Reed Karaim, Peter Katel , Barbara mantel, 129 Ancient Circles Chronology Tom Price Indigenous groups met in 131 Key events since 1974. circles to repair harm done SENIOR PROJECT EDITOR: Olu B. Davis to victims. Restorative Justice Gets a ASSISTANT EDITOR: Ethan mcLeod 132 ‘P’ for ‘Promising’ Evangelical Push “Students are learning what INTERN: molly mcGinnis 130 A former presidential aide conflict resolution really FACT CHECKERS: Eva P. Dasher, founded the restorative Prison means.” michelle Harris, Nancie majkowski, fellowship program in 1976. Robin Palmer Truth and Reconciliation 134 International Momentum 134 Panel Sought The Thames valley Police “It’s an idea whose time has pioneered restorative justice come,” says its leading pro - in the U.K. in the late 1990s. ponent. An Imprint of SAGE Publications, Inc. At Issue: CURRENT SITUATION 137 Could restorative justice reduce VICE PRESIDENT AND EDITORIAL DIRECTOR, U.S. incarceration levels? HIGHER EDUCATION GROUP: In Communities michele Sordi 136 U.S. school systems are ex - EXECUTIVE DIRECTOR, ONLINE LIBRARY AND panding restorative practices. FOR FURTHER RESEARCH REFERENCE PUBLISHING: Todd Baldwin 136 On Campuses For More Information Some experts say offering 141 Organizations to contact. Copyright © 2016 CQ Press, an Imprint of SAGE Pub - restorative justice on college lications, Inc. SAGE reserves all copyright and other campuses could help sexual Bibliography rights herein, unless pre vi ous ly spec i fied in writing. assault victims and offenders. 142 Selected sources used. No part of this publication may be reproduced electronically or otherwise, without prior written 138 At the National Level The Next Step permission. Un au tho rized re pro duc tion or trans mis - federal laws support restora - 143 Additional articles . sion of SAGE copy right ed material is a violation of tive justice for juveniles and federal law car ry ing civil fines of up to $100,000. gang members. 143 Citing CQ Researcher CQ Press is a registered trademark of Congressional Sample bibliography formats. Quarterly Inc.

OUTLOOK CQ Researcher (ISSN 1056-2036) is printed on acid-free paper. Pub lished weekly, except: (march wk. 4) (may 138 Hard Work Ahead wk. 4) (July wks. 1, 2) (Aug. wks. 2, 3) (Nov. wk. 4) Institutionalizing restorative and (Dec. wks. 3, 4). Published by SAGE Publications, justice will require stronger Inc., 2455 Teller Rd., Thousand Oaks, CA 91320. Annual infrastructure and community full -service subscriptions start at $1,131. for pricing, support, experts say. call 1-800-818-7243. To purchase a CQ Researcher report in print or electronic format (PDf), visit www.cqpress. com or call 866-427-7737. Single reports start at $15. Bulk purchase discounts and electronic-rights licensing are also available. Periodicals postage paid at Thousand Getty Images/ The Christian Science Monitor /Ann Hermes Oaks, California, and at additional mailing offices . POST - mAST ER: Send ad dress chang es to CQ Re search er , 2600 virginia Ave., N.w., Suite 600, wash ing ton, DC 20037. 122 CQ Researcher Restorative Justice BY CHRISTINA L. LYONS

of restorative justice — based THE ISSUES on principles of indigenous and ancient western cultures n middlesex County near — to address a range of crimes . Boston, communities are Now advocates of the prac - I bringing some young first- tice want it expanded in the time offenders face to face to help reduce with their victims to come up recidivism, halt a so-called with ways to make reparations school-to-prison pipeline, re - and to get on the right path verse a trend toward mass toward rehabilitation. Juveniles incarceration, lower prison who are selected by the district costs and eliminate racial dis - attorney for this “restorative parities in the justice system. justice” program have a chance But critics are skeptical that to wipe their arrest record restorative justice can do all n

clean and avoid court — pro - u that, and they say it won’t b m vided they follow through with i work for violent crimes such h S

the program — while their i as assault. h a

victims get a say in the process s matt DeLisi, coordinator of A

and a chance to heal. e criminal justice studies at Iowa h

Susan maze-Rothstein, a law T State University in Ames, says, / s

professor at Northeastern Uni - e “To me, it’s a form of diver - g a

versity in Boston, along wit h m sion” from the criminal justice I

y other supporters, has spent t system. “It’s nice and kind of t e

four years lobbying massachu - G meaningful,” but it won’t have setts legislators to pass a bill, Howard Zehr, co-director of the Zehr Institute for “a huge impact” on incarcer - introduced by Democratic Sen. Restorative Justice at Eastern Mennonite University in ation levels. Jamie Eldridge, that would ex - Harrisonburg, Va., is widely considered the “grandfather” “Is it a solution to all our of the restorative justice movement. He stresses that in pand the use of restorative criminal cases, restorative justice programs should meet problems? No,” says mark A. justice programs and allow the needs of victims and hold offenders accountable. R. Kleiman, a professor of more communities, rather than public policy at New York courts, to handle crimes committed by “Those who are concerned about University. 2 He and Kathleen Daly, a juveniles and possibly adults and help the cost of incarceration . . . are in - criminal justice professor at Griffith their victims. terested in such lower-cost approaches,” University in Brisbane, Australia, sup - Her organization, Our Restorative Jus - says maze-Rothstein, board president port restorative justice but warn that tice (OurRJ), works with the district at - and chair of OurRJ, centered in Lowell, it can be applied only to a limited torney in middlesex County to give mass., which has a high immigrant number and type of offender, victim some young offenders a chance to face and minority population. “Then there or crime . 3 their victims and work with community are those people who are actually con - former federal prosecutor william G. representatives to make reparations for cerned about justice and fairness in Otis, an adjunct Georgetown University their harm and get on a better path. 1 society, about reparation for untold law professor, is more critical: He calls Programs like maze-Rothstein’s — generations of harms that have been restorative justice a “soft-on-crime” ap - which use various methods to promote done to . . . marginalized communities,” proach that amounts to merely “innovative conciliation and remediation over pun - she says, adding that OurRJ hopes to dialogue” to stop . ishment — can assist offenders and expand to serve more minorities in Restorative justice programs bring victims alike, she says. As a bonus, neighboring Suffolk County. offenders face to face with their victims implementing restorative justice can Since the 1970s, social workers, crim - — with the consent of both parties — help reduce court costs and relieve inal justice experts and faith-based through various methods, including: overcrowded , a major focus of groups in a scattering of communities • victim-offender mediation, in the national discussion on criminal jus - and prisons around the world have which a facilitator oversees a meeting tice reform. been studying and testing various types between the two.

www.cqresearcher.com Feb. 5, 2016 123 RESTORATIvE JUSTICE

da, the United Kingdom, Belgium and Majority of States Have Restorative Justice Laws elsewhere. 5 Since 1988, 33 states — most recently West Virginia — have At least 32 states have statutes that include language on restorative justice, enacted laws that require or mention some form of restorative ranging from statements of support to justice. Colorado, Vermont and several other states mandate a structure for its use. 6 (See map, at funding for such programs and spell out staffing requirements. left. ) more communities have been testing Twelve states have statutes that refer to restorative justice or its the concept since then-U.S. Attorney core principles but do not require implementation. General Eric Holder called in 2013 for a “smart on crime” campaign to address States with Restorative Justice Statutes a rising prison population . 7 The state and popu - N.D. N.H. Wash. Mont. Minn. Vt. lation increased more than fivefold be - Maine S.D. Wis. tween 1980 and 2013, from 503,600 to Ore. Idaho Wyo. Mich. N.Y. Mass. nearly 2.9 million. 8 The population in Iowa Neb. R.I. Pa. local jails rose from 184,000 in 1980 to Ill. Ind. Ohio Conn. Calif. Nev. Utah more than 785,000 in 2008, before drop - Colo. Kan. Mo. W.Va. N.J. Ky. Va. Del. ping to just over 731,200 in 2013. Although Okla. Tenn. N.C. the total number of state and federal Ariz. Ark. Md. N.M. S.C. D.C. fell to 2.2 million by 2013 — Miss. Ala. Ga. Texas La. the lowest level since 2005 — the United States still has among the highest incar - Fla. Alaska ceration rates in the world. 9 moreover, the recidivism rate is high. while about 650,000 prisoners are re - Hawaii leased annually, some two-thirds of Sources: Shannon Sliva and Carolyn Lambert, “Restorative justice legislation in them return to prison within three 10 the American states: A statutory analysis of emerging legal doctrine,” Journal of years. warning that “we cannot pros - Policy Practice, April 7, 2015, pp. 77-95, http://tinyurl.com/jzywj9j; “Gov. Tomblin ecute our way to becoming a safer signs bill to launch comprehensive juvenile justice reform in West Virginia,” The nation,” Holder, when announcing the State Journal, April 2, 2015, http://tinyurl.com/jb9c7wr “smart on crime” campaign, called for reserving the harshest penalties for the • Peace, or healing, circles, in which officials or a judge, to remediate the most violent criminals and seeking al - participants — including the offender’s offense and ensure the offender follows ternatives for nonviolent offenders. family or community members — sit the plan. failing to abide by the plan Obama administration officials also in a circle to discuss the offense, how can land an offender back in court . 4 urged schools to end harsh zero-tolerance victims were affected and how the Law enforcement agencies or courts policies, implemented in the late 1990s offender should make amends . may offer offenders and victims such after a rash of school shootings. The • Group conferencing, in which the alternatives before an arrest is made, administration said the policies dispro - victim and offender meet with commu - before or after a conviction or during portionately target minority and disabled nity or group representatives to discuss incarceration, depending on the agree - students, in some cases creating a the crime and determine how to hold ment with the justice system or state “school-to-prison pipeline.” 11 the offender accountable and to help laws and whether the offender is willing The Justice Department already had the offender rehabilitate and reintegrate to take responsibility. A resulting agree - supported the use of restorative justice into society. ment could include or for juveniles and increasingly promoted • Reparative boards, panels of local payment of restitution. such alternatives. many faith-based groups , representatives that confront the of - Practitioners cite New Zealand as a whose philosophies of forgiveness align fender, discuss the crime and devise model because it requires, by statute, with restorative justice principles, had a contract detailing what the offender that all youth offenders — other than been pushing the concept for a range must do to “right the wrong.” murderers — be offered a restorative of incarcerated offenders . 12 Those involved in each method devise justice alternative. Such methods also while the Christian community has a plan, approved by law enforcement have been practiced in Australia, Cana - long backed the goals of restorative

124 CQ Researcher justice, Catholic Church leaders urged justice either reduces recidivism or pro - the government’s policing and sentenc - U.S. officials to look more closely at the vides greater satisfaction for victims than ing policies support a get-tough-on- alternative after Pope francis told Con - if the cases had gone through the tra - crime culture and emphasizes prison gress last year that he supported a global ditional legal process . 16 over rehabilitation. Restorative justice abolition of the death penalty because michael Rushford, president of the is a “well-thought-out alternative” in “a just and necessary must Sacramento, Calif.-based Criminal Jus - certain cases, he says, but by itself it never exclude the dimension of hope tice Legal foundation, which advocates cannot transform the U.S. culture and and the goal of rehabilitation. ” 13 many for a “swift and decisive system of jus - reduce incarceration levels. pointed to the forgiveness that survivors tice,” says victims of violent crimes Prisons are not the result of indi - and families of victims of a 2015 shoot - never really heal. vidual behaviors, wood says. “They’re ing of nine black parishioners at a The National Center for victims of the result of political regimes” that have church in Charleston, S.C., offered to Crime, based in washington, has lobbied built discriminatory policing practices the alleged gunman. 14 for criminal justice reforms that help and tough sentencing laws. Howard Zehr, a retired restorative victims. It supports the development of As the debate continues, researchers, justice professor at Eastern mennonite restorative justice approaches but warns social workers, legal experts and local University in Harrisonburg, va., who that many such programs do not fully and state officials are asking these key is considered the “grandfather of focus on the victims or allow them to questions: restorative justice,” initially advocated control how they participate . 17 for restorative justice from a Christian “Restorative justice is fine, provided Does restorative justice reduce perspective. But now Zehr, who co- the victim is in favor of it,” says mai recidivism? directs the Zehr Institute for Restorative fernandez, executive director of the The bill backed by OurRJ in massa - Justice at Eastern mennonite, says the crime victims’ center. while many victims chusetts seeks to “reduce recidivism faith-based pressure for forgiveness may not want to face an offender, she and the risk of more serious crimes misleads the public about what restora - says, others do. “Some victims are looking in the future that may require a more tive justice seeks to do. for some sort of remorse or apology. intensive and costly response from the The priority, Zehr says, should al - There’s many situations where, like in legal system, such as prosecution and ways be the needs of the victim, as a homicide situation, you may not really incarceration.” 19 well as holding the offender account - want to see the person who killed your The bill in past years has failed to able and making sure he or she un - loved one, but in some situations you gain sufficient support to reach the Sen - derstands the impact of the crime on want to understand why they did this,” ate floor, largely due to other policy the victim and community. Reduced witness the offender’s expression of re - priorities of legislative leaders and, maze- recidivism, he says, is a byproduct of morse and receive an apology. Rothstein believes, a limited understand - restorative justice. Steve martin, a corrections consultant, ing of restorative justice programs and Researchers measure restorative jus - prison monitor and attorney in Broken their ability to reduce recidivism. tice’s success by its ability to help victims Arrow, Okla., says, “from the first I ever Sujatha Baliga, director of the and lower recidivism rates. Several stud - heard of the concept, I said this should Restorative Justice Project for the non - ies find some positive effects on both not be couched at all as victim-oriented; profit group Impact Justice in Oakland, measures. 15 it should be couched as justice-oriented, Calif., insists restorative justice does re - “Of course, it’s not that victims feel which services all stakeholders — the duce recidivism. euphoria after such a meeting, but at victim, the offender, the courts.” She started a community confer - least they feel better than when they But many in law enforcement “view encing program in 2008 for youths in go through the traditional [criminal jus - restorative justice with a jaundiced eye, Alameda County, where Oakland is tice] process. It’s an absolute finding seeing it as nothing more than hand- located. Schools, law enforcement of - that comes back all the time,” says holding that does not address the real ficials and district attorneys can select Lode walgrave, emeritus professor of reasons for criminality,” wrote Diana juvenile offenders before they are ar - at the University of Leuven mcKibben, a restorative justice practi - rested and give them the option of in Belgium. tioner, and Phil Penko, a former mon - entering a three- to six-month restora - Yet other studies, such as a 2013 terey, Calif., police chief. 18 tive justice program rather than face review in Australia by the New South william wood, a criminal justice prosecution. wales Bureau of Crime Statistics and professor at Griffith University in Aus - The diverted youths are accused of Research, conclude that researchers have tralia, suggests the problem is more a range of offenses, Baliga says, including provided little evidence that restorative complicated in the United States, where crimes for which they could be charged

www.cqresearcher.com Feb. 5, 2016 125 RESTORATIvE JUSTICE

as adults in some other states, such as Sherman, director of Cambridge Uni - “The screening and selection process burglary or assault. versity’s Institute of Criminology — re - is critical,” he says. “The average run- The program handles about 100 viewed results from 10 randomized of-the-mill person” on a lifelong path youths annually and has a recidivism trials of restorative justice conferencing of crime “will tend to manipulate sys - rate of 11.8 percent, compared with and concluded the programs produced tems like this,” he says, viewing it as 31.4 percent for juvenile offenders in a “modest but highly cost-effective” re - a way to avoid prison. the regular justice system, according duction in recidivism. 24 for juveniles, poor parenting can give to Baliga. further, African-American Sherman and Heather Strang, director “rise to criminal lifestyles,” martin says, boys show the highest success rate. 20 of the Centre for Restorative Justice at and restorative justice programs cannot In vermont, low-level offenders can Australian National University in Can - make up for a dysfunctional home life. appear before community reparation berra, had published an analysis in 2007 michael Braswell, a former prison boards, says Derek miodownik, the comparing results of restorative justice psychologist and emeritus professor of restorative and community justice ex - to conventional justice for juvenile and criminal justice at East Tennessee State ecutive for the state Department of adult offenders charged with a variety University, rejects the notion that offenders Corrections. Those who appear before of crimes, including burglary, assault and could easily manipulate the process. “A the boards typically do not reoffend, arson. The results showed a “modest” lot of inmates would rather just do the according to a progress report on the reduction in recidivism. The researchers time” than go through all the requirements program. 21 miodownik, however, says also found that restorative justice, com - of a restorative justice process — espe - he is reluctant to attribute all of the pared with prison, worked better at cially having to face their victim and success to restorative justice. stemming recidivism among adults than own up to what they did. “It might be because they have a among juveniles. But they also concluded martin also says he has seen of - great relationship, they got a great job, that the method “works differently on fenders turned around for a range of completed a drug program,” he says. different kinds of people,” and that more reasons. “They experience something In Belgium, walgrave led an exper - research was needed . 25 that makes them feel better about who imental family conferencing program Griffith University’s wood doubts they are than doing the crime.” from 2000 to 2003 with five judges restorative justice could noticeably lower who selected the juvenile cases. Evi - U.S. incarceration levels. These pro - Should restorative justice be used dence indicates that about 22 percent grams, he says, often target young of - in cases of violent crime? of those juveniles committed crimes fenders who weren’t likely to reoffend After 19-year-old Conor mcBride of again, compared with 58 percent of anyway, particularly as they mature. Tallahassee, fla., shot and killed his fi - juveniles who went through the court “Even if restorative justice results ancée Ann Grosmaire and turned himself system, he says. 22 The program was in some recidivism, most [perpetrators] in to police, the victim’s parents, Kate then expanded to all courts. would not end up committing offenses and Andy Grosmaire, forgave mcBride. But allowing judges or law enforce - that land them in jail anyway,” wood Then they and mcBride’s parents found ment officials to select cases for restora - says. “most youth commit one or two Baliga, the restorative justice practitioner tive justice limits its potential, walgrave offenses they are caught for, then they in Oakland, and persuaded her to fa - says, because they typically don’t pick age out,” or mature and stop misbe - cilitate a restorative justice meeting. violent offenders. many researchers having. mcBride listened to the Grosmaires’ point to the progress in New Zealand, DeLisi of Iowa State says restorative pain, and they listened to his account where young offenders accused of any justice is “disproportionately more useful of an extended fight that began one crime other than murder must be al - for youth.” But he says it can’t help all friday and continued through Sunday. lowed to opt for restorative justice. youths. “I have known juvenile offenders The couple had spent the previous The New Zealand ministry of Justice that had 100 [contacts with] police. If night at mcBride’s parents’ house, where reported that “restorative justice had a they are 17 and had 90 contacts by the their arguing continued until he pulled statistically significant impact on the police, that’s who they are. They’re just out a shotgun to shoot himself but number of offenders who reoffended a young career offender,” he says. killed Ann instead. After the conference, and, for those who did reoffend, the Restorative justice for such offenders Ann’s mother recommended a prison frequency of that offending.” 23 “would be a poor use of resources.” term of five to 15 years. She later said But results elsewhere have been martin, the corrections consultant in she had to forgive in order to go on. mixed. A group of researchers from Oklahoma, says typically he has seen “when people can’t forgive, they’re the United Kingdom, the United States, restorative justice applied for lower- stuck. . . . forgiveness for me was Australia and Israel — led by Lawrence level, nonviolent offenses. self-preservation.”

126 CQ Researcher The judge approved the recommen - for family and Community Engagement, don’t want to see their partners pun - dation, but extended the term to 20 which offers family group conferencing ished but who want an apology and years. 26 in cases of child abuse and, in some the abuse to stop. 30 Baliga, of Impact Justice in Oakland, instances, domestic violence. Some groups representing domestic says such a case “has never happened The program uses the principles of violence victims say restorative justice again” for her and that the Grosmaires’ restorative justice, she says. “It’s not can help victims find a voice, help them compassion for their daughter’s killer where you just figure out who com - heal and potentially keep families together is highly unusual. But she says restora - mitted maltreatment, but you [also] are if the abuser gets further help. It can tive justice can and should be applied figuring out support for the family,” also provide an alternative for women to a wide range of crimes, including which may be facing situations of pover - — particularly those of color — who violent crimes, to help victims and of - ty or neglect, says Pennell, who worked do not feel safe calling the police. 31 fenders and to devise appropriate pun - as an investigator in Newfoundland for Carrie Outheir Banks, a former shelter ishments. And ideally — although she a family group conferencing program. worker, founded Domestic violence Safe says she knows it would be difficult During sentencing, judges can choose Dialogue in Portland, Ore., to bring sur - — Baliga would like to see it done before offenders are booked. “Our biggest bang for recidivism and cos t effectiveness is on the front end, pre-charge,” she says. “we need to be doing restorative justice in a way that actually reduces incarceration,” rather than focusing on low-level offenders who likely would be diverted [away from prison] anyway. Herman and Strang’s y

2007 study found that among some sam - a G

ples, restorative justice appeared to reduce c i r recidivism more effectively in violent E / o

27 t

crimes than in less serious crimes. o h P

Similarly, an analysis of Australia’s P

restorative justice program also found A that it “may be more effective for more Seventh-graders talk with two assistant principals and a counselor last October prolific offenders and . . . for more se - about a recent conflict at Ed White Middle School in San Antonio. Three years after the school started a disciplinary program that relies on restorative justice practices, rious offenders,” but researchers were out-of-school suspensions have fallen 72 percent, principal Philip Carney said. unclear why. 28 Practitioners have applied restorative whether to use a plan devised during vivors and offenders together in dialogue, justice in some violent crime cases in the conference. and she denies it is too traumatic for the United States, but typically it is “we have developed extensive proto - victims. “These are people who have used in corrections facilities when coun - cols for preparing people to participate, gotten up and lived through abuse every selors are helping prepare prisoners including a safety assessment” by a fa - single day,” she said. “They’re strong.” 32 for reintegration into society or to help cilitator to ensure that victims are not In a paper written on behalf of the heal victims. In vermont, where prisoners in danger of being revictimized, Pennell National Resource Center on Domestic are often sent to local reparative boards says. If coordinators feel the process violence, James Ptacek, chairman of to discuss reintegration into the com - would not be safe, they can cancel the sociology department at Suffolk munity, the boards have found that ex - the conference, but that rarely happens, University in Boston, and Loretta fred - inmates “do better when they’re con - she says. Often studies report high vic - erick, senior legal and policy adviser nected and receive support,” says tim satisfaction, as well as a reduction for the Battered women’s Justice Project miodownik of the Department of Cor - in recidivism. 29 in minneapolis, suggest that restorative rections. vermont is looking to expand Leigh Goodmark, a University of justice could be a promising outlet for the process to diminish recidivism. maryland law professor who also teach - domestic violence survivors. But they Joan Pennell, a professor of social es the school’s Gender violence Clinic warn that many programs focus not work at North Carolina State University course, said restorative justice can em - on the victims but the offenders. They in Raleigh, directs the university’s Center power domestic violence victims who point to Pennell’s programs as more

www.cqresearcher.com Feb. 5, 2016 127 RESTORATIvE JUSTICE

particularly sexual assault — the offender Study: Conferencing Cut Juvenile Crime never treats the victim as a human and could try to manipulate the system. About 27 percent of 102 Alameda County, Calif. (Oakland), juvenile DeLisi maintains that restorative jus - offenders who completed restorative community conferencing from tice methods are “counterproductive” 2012 through 2014 were rearrested, compared with 45 percent of in serious crimes, including sexual as - county offenders in the regular juvenile justice system. Restorative sault cases, where you would be re - conferencing allows offenders to meet with community members luctant to expose victims to their abuser. and victims to create a plan to repair any harm done. “many [offenders] are really psycho - pathic, so there’s really no interest to Outcomes for Arrested Juveniles engage with the crime victims,” DeLisi says. “At best they would go through 45% 26.5% the process . . . to victimize and hu - 33.5% 31.4% miliate the person involved.” 12.7% 11.8% Heather mac Donald, a fellow at the manhattan Institute, a conservative think Rearrested Petition filed* Petition sustained ** tank in New York City, agrees that restorative justice has little effect on * Offender charged in juvenile court. Completed Restorative Conferencing many serious criminals. “There’s a lot ** Offender found guilty in juvenile court. Handled by Juvenile Justice System of therapy happening in Rikers [Island Source: “Scaling Restorative Community Conferencing Through a Pay for Success in New York City], and it’s had zero ef - Model: A Feasibility Assessment Report,” National Council on Crime and Delin - fect,” she says. “So I’m not sure that quency, March 2015, p. 11, http://tinyurl.com/h7jv542 this would do much different.”

promising, but also say much more But Cynthia Alkon, a professor at Can restorative justice address research needs to be done. 33 Texas A&m University School of Law, racial disparities in the criminal Some proponents of restorative jus - worries that restorative justice could justice system? tice say it potentially could be used mean the victim will have “a lot less minority groups and others have been in sexual assault cases, including on power, and there is concern about demanding that officials address ongoing university campuses, but others are them being revictimized in the process.” racial disparities in the U.S. justice system. skeptical. She also questions whether all restora - According to The Sentencing Project, In a study of youths charged with tive justice facilitators are properly a washington-based nonprofit that ad - sexual offenses, Australian researchers trained to handle sexual assault cases. vocates for criminal justice reform, more found a lower rate of reoffending among Alkon says not all sexual assault than 60 percent of people in state and those who participated in a restorative cases are appropriate for restorative federal prisons are racial and ethnic justice conference than those who justice. “The whole theory underlying minorities. One in 10 prisoners is a went to court. However, researchers restorative justice is the offender should black male in his 30s, and a dispro - also attributed this result to the fact take responsibility and repair the harm portionate number of minorities have that the youths who were sent to court that was caused,” she says. “If they’re contact with the juvenile justice system, instead of to restorative justice programs not taking responsibility and denying it said. 36 African-American students often had a criminal record . 34 they did anything, that’s not [a case] also are suspended or expelled from mary Koss, a professor of gender for a restorative justice process.” school at three times the rate of white and women’s studies at the University All practitioners agree restorative jus - students, according to the U.S. Depart - of Arizona, examined the RESTORE pro - tice only works if the offender takes ment of Education. 37 gram in Pima Country, Ariz. — the first responsibility and the victim wants to Restorative justice proponents say restorative conferencing program for sex - participate in the process. Some, like their methods could help resolve these ual assault cases — and found a high the Criminal Justice Legal foundation’s disparities, which some attribute to the number of female victims consented to Rushford, are hesitant to use restorative failure of the justice system to address meet with their offender, but typically justice for any type of violent crime underlying problems in communities only if the offender accepted responsi - unless the offender remains in confine - where systemic crime occurs. Other say bility. Koss provided “cautious optimism” ment. He says the victim can obtain the disparity is the result of racial tar - for the program. 35 some closure, but in other cases — geting by law enforcement agencies.

128 CQ Researcher “Those communities are our society’s Andrea Brenneke, director of Seattle’s Latinos aren’t using drugs more — they most harmed communities by the societal Restorative Justice Initiative, helped orga - are policed” at higher rates than whites. structure that exists,” maze-Rothstein in nize a restorative circle for a high-profile while wood supports restorative jus - massachusetts says. 38 “So an empow - 2011 case involving a Seattle police officer’s tice practices, he says racial disparities erment of those communities through killing of a Native American woodcarver. can only be reduced through structural restorative justice actually has great The case exposed tensions between law changes in the U.S. justice system. value,” because it allows those commu - enforcement and the Indian community, The manhattan Institute’s macDonald nities — rather than the courts — to and the meetings with the family and says racial disparities exist in the judicial help heal victims and offenders and de - law enforcement officials established a system because minorities are the ones termine how to make reparations. process to resolve differences with the committing the crimes. Overall, 28 per - fania Davis, co-founder and exec - grieving family and the community and cent of the fBI’s “known offenders” are utive director of Restorative Justice for to change police behavior . 39 African-American, significantly above the Oakland Youth, which develops school- “Restorative justice wasn’t designed black population share, according to based programs, says the process can to focus on racial inequities” in the fBI data. 40 help minority youths in high-crime United States, says David R. Karp, so - DeLisi of Iowa State University areas recover from psychological trauma ciology professor at Skidmore College. agrees. “There’s huge criminal justice and end cycles of criminal behavior. But he adds, “The potential of restorative disparities because there are huge dis - “Trauma is pervasive in a city where justice to address those issues is huge. parities in offending,” he says. “Look the greatest cause of death is homicide “first of all, people from poor seg - at homicide and victimization. Blacks . . ., in a city where so many of our regated black communities don’t want are well more represented than whites. youth, particularly youth of color, have to be involved in the criminal justice So that will have an effect on prison incarcerated parents,” she says. “we are system. They see it as danger. They statistics as well.” dealing on a day-to-day basis with . . . won’t report crimes, they won’t be wit - racism, incarceration, substance abuse nesses,” he says. “If they felt like they in families and communities, . . . sexual would be treated fairly if they were violence, domestic violence. It’s just per - given the alternative,” it could work. BACKGROUND vasive. The harm is everywhere, every - Baliga, from Impact Justice in Oak - where you turn.” land, agrees that minority communities Davis says the circle process — which distrust the police and the courts. “what’s places the offender, victims and com - interesting to me is that most crime is Ancient Circles munity leaders in a circle to discuss the intraracial. when you attend to kids of crime, its effects and potential resolution color as offenders, you also must be any indigenous groups and an - — combined with treatment by clinical attending to kids of color who have m cient cultures — such as Native therapists, helps heal trauma for both been victimized,” she says. “They also Americans, first Nation people of Canada, offenders and victims and sets offenders are the same crime victims who think Native Hawaiians and African tribal coun - on a better path. nobody bothers [about them].” cils — used a holistic approach to justice. Zehr of Eastern mennonite University No researchers have yet studied The victim, offender, community and says the problem of stereotyping ethnic restorative justice’s ability to alter racial family members sat in a circle and iden - minorities is passed on through gener - disparities, largely because the method tified the culprit, discussed the wrong - ations. The New Zealand model, he says, isn’t widely practiced, many legal ex - doing and determined how to repair was crafted to address law enforcement’s perts say. Nevertheless, others say that the harm or make amends. treatment of minority maori communities the use of restorative justice cannot In ancient times, minority groups — the indigenous group that makes up reverse the racial disparities noted in within larger societies — such as in about 15 percent of the nation’s popu - crime statistics. the Russian or Ottoman empires — lation. Under this model, social workers minorities are disproportionately im - used the circle because they did not “believe if you label people by getting prisoned because of policing practices trust the judicial system. many tribes them in the system, they are more likely that discriminate against minorities, says today continue to employ this practice, to be that,” Zehr says. “So this was an Griffith University’s wood, likening their which experts consider the basis for attempt to address that by both keeping treatment to apartheid. “Nobody thinks restorative justice. 41 [the maori population] out of the system the stop-and-frisk policy in New York Some restorative justice methods also and using a conference that would allow isn’t racist,” he says. “And much of the incorporate Christian ideals, which preach culturally appropriate processes.” literature says African-Americans and forgiveness and stress giving “sinners” a

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second chance to reform their behavior. aging its further use as an alternative to Nations people of Canada. In 1992, In many faiths, especially among Protes - traditional judicial processes. He followed Judge Barry Stuart presided over a case tant groups such as the moravians, that a decade later with Changing Lenses: A in mayo, a Yukon Territory village, in - meant congregations in the 17th and New Focus for Crime and Justice , further volving a 26-year-old who had ap - 18th centuries used communal pressure detailing restorative tenets. proached a police officer with a bat. to punish the wayward and to discourage meanwhile, a form of restorative jus - The youth had many criminal convictions repeat offenses. tice was used to address national crimes. and a long history of alcohol abuse. But outside the church, western na - In 1980, the U.S. Congress established Rather than sentence him, the judge tions relied on a far more punitive ap - a commission to investigate the legacy modified the courtroom to create a circle proach to crime that focused on punishing of Japanese camps that op - with 30 chairs for the judge, lawyers, the offender, with incarceration in prisons erated during world war II, which was police, first Nations officials and mem - becoming increasingly important in the followed by an apology and reparations bers, probation officer, the offender and 19th and early 20th centuries. during the Reagan administration. others. Community members pledged In the United States in the tumul - In 1981, a sheriff in Batavia, in upstate to help the offender and his family deal tuous 1960s and ’70s, states expanded New York, began a restorative justice with substance abuse. The offender a “get-tough” approach to crime, par - program called Genesee Justice, which agreed to a treatment program, and his ticularly youth crime, despite complaints offered community service sentencing, family agreed to help him. 48 that such a policy ignored more humane victim assistance and victim-offender and effective responses to crime. 42 mediation . 45 In the 1970s a variety of approaches But as the crack cocaine epidemic Evangelical Push to restorative justice quietly emerged wreaked havoc on urban communities in Canada and the United States. A and sent homicide rates soaring across huck Colson, a former top aide judge in Ontario in 1974 conducted the United States in the late 1980s, C to President Richard m. Nixon, the first recorded victim-offender me - the trend toward stricter penalties and pleaded guilty in 1974 to obstruction diation program. Rather than sentence minimum-sentencing standards gained of justice related to the break-in at the two young men, ages 18 and 19, to momentum in the United States. At Democratic National Committee’s head - prison or probation for vandalizing res - that time, restorative methods were quarters at the watergate complex in idents’ homes while intoxicated, the being embraced more readily overseas washington, D.C. After serving seven judge agreed to a plan by the probation and in Canada. months in Alabama’s maxwell Prison, officer, mark Yantzi, and a volunteer In 1989, New Zealand approved the Colson started the Prison fellowship with the mennonite Central Committee Children, Young Persons and Their fam - in 1976 to create a ministry outreach — a relief and peace agency founded ilies Act in response to concerns among program for prisoners. The program by the mennonite Church — to have maori communities that increasing num - advocates for a restorative justice ap - the men face their 22 victims. The bers of their children were being removed proach, promoting it as “an important young men ultimately listened to the from their families when accused of mis - contemporary expression of biblical jus - victims, apologized and paid restitution. behaving and placed in state residential tice” and forgiveness. Two years later, Yantzi founded a non - facilities. The statute introduced the con - Colson would later recruit the assistance profit organization to further promote cept of family group conferencing to re - of Pat Nolan, a former California Assembly such meetings. 43 place youth courts in most cases . 46 member, who was indicted on April 27, Restorative justice practitioners credit Also in 1989, Australian sociologist 1993, on six counts, including racketeering, American psychologist Albert Eglash John Braithwaite published Crime, Shame conspiracy, extortion and money laun - with coining the term “restorative jus - and Reintegration , proposing that of - dering. Nolan served 33 months in prison, tice” in a series of papers in the 1950s fenders be dealt with through a process then joined Colson to lead a branch of and again in 1977. 44 A year later, a called “reintegrative shaming,” which of - the Prison fellowship called the Justice small halfway house for former Indiana fers respect for the offender and helps fellowship, which focuses on criminal prisoners burned down. Rather than them reenter the community. The fol - justice reform. 49 (By 1998, Nolan was rebuild the house, state officials asked lowing year, John macDonald, an adviser advocating restorative justice along with Zehr, who was then the house’s director, to the New South wales Police Service, a lead researcher and Prison fellowship to work with prisoners and their victims started a police-run conferencing program colleague, Daniel w. van Ness. 50 ) to find reconciliation. in several jurisdictions in Australia . 47 As restorative justice overseas began Zehr wrote a handbook in 1980 on Another method of restorative justice showing promising results, and as criticism his model of restorative justice, encour - drew on the use of circles by the first Continued on p. 132

130 CQ Researcher Chronology

ed States to deal with the 1979 1974-1994 1995-2012 The killings of civil-rights activists by Restorative justice is defined movement expands worldwide. Ku Klux Klan members in Greens - and modeled. boro, N.C. 1995 1974 The National Organization for victim 2006 A judge in Ontario conducts the Assistance endorses restorative justice Oakland, Calif., school district pilots first victim-offender mediation concepts. . . . A South African Truth restorative justice program to address program in Canada. and Reconciliation Commission, a discipline problems. form of restorative justice, begins 1976 meeting to address civil rights abuses 2007 Chuck Colson, an ex-aide to Presi - during the apartheid era. European Commission issues guide - dent Richard m. Nixon and former lines for mediating criminal cases. federal , starts Prison fellow - 1996 ship rehabilitation program. U.S. Attorney General Janet Reno • asks Justice Department to look 1977 into community-based approaches American psychologist Albert Eglash for dealing with crime. 2013-Present coins the term “restorative justice.” Growing U.S. prison population 1997 spurs reform efforts. 1978 National Institute of Corrections Howard Zehr, considered the begins training sessions on restora - 2013 “grandfather” of the restorative justice tive justice. Justice Department Inspector Gen - movement, administers a version of eral michael Horowitz writes of a restorative justice for halfway-house 1998 “growing crisis in the federal prisoners and their victims. Thames valley Police starts the prison system” due to overcrowd - United Kingdom’s first restorative ing and escalating costs. . . . At - 1981 justice program. torney General Eric Holder calls The sheriff in Batavia, N.Y., founds for an end to zero tolerance poli - a restorative justice program — 2000 cies in schools, spurring school among the first such experiments A vermont statute requires restora - districts to turn to restorative jus - in the United States. tive justice principles to shape tice programs. how the criminal justice system 1989 handles offenders and victims. 2014 New Zealand offers family group Police killings of young African- conferencing as alternative to youth 2001 American men lead civil-rights ad - court. . . . Australian sociologist New Zealand experiments with a vocates to call for a national truth John Braithwaite introduces “reinte - court-referred restorative justice and reconciliation commission. grative shaming,” which restores program. offenders to the community. 2015 2002 Rep. Robert Scott, D-va., intro - 1992 United Nations endorses basic prin - duces the Youth Promise Act A judge in Canada’s Yukon Territory ciples of restorative justice. . . . An aimed at keeping youths out of conducts a peace circle, an ancient assistant U.S. attorney writes two re - prison. . . . Congress discusses form of restorative justice. ports arguing that elements of New eliminating mandatory minimum- Zealand’s restorative justice process sentencing requirements for drug 1994 for juveniles should be incorporated offenders. . . . Sociology professor minnesota’s Department of Correc - in the U.S. juvenile justice system. David Karp starts a national dis - tions hires the state’s first restorative cussion on using restorative justice justice planner. . . . American Bar 2004 on college campuses to address Association endorses use of victim- The first Truth and Reconciliation sexual assault cases, but the issue offender mediation. Commission is formed in the Unit - is controversial.

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Restorative Justice Gets a ‘P’ for ‘Promising’ “Students are learning what conflict resolution really means.” hen school administrators across the nation pull mis - million elementary and secondary school students were suspended behaving students out of the classroom, an increasing during the 2011-12 school year, most for minor offenses. Another w number of them are not suspending the students 130,000 were expelled, and 260,000 were referred to law en - but are having them meet with “justice committees” or in “peace forcement agencies. 2 circles” to discuss with their peers, teachers and counselors the The rates for African-Americans were three times that of effects of their behavior, face those they have harmed and talk whites — a disparity the Justice and Education departments about how to change. sought to rectify by asking schools to use restorative justice “Students are learning what conflict resolution really means, programs and other alternatives. 3 as well as critical social-emotional skills,” said lawyer Thena The Oakland, Calif., school district pioneered the use of Robinson-mock, project director of the Ending the Schoolhouse restorative justice in public schools after the U.S. Office of Civil to Jailhouse Track campaign of the Advancement Project, a Rights in 2004 began probing the district’s discipline policies washington-based national civil-rights organization. “They’re de - for racial discrimination. 4 The nonprofit Restorative Justice for veloping empathy for their peers and building trust and under - Oakland Youth (RJOY) piloted a program at one middle school standing . Those are essential skills.” during the 2006-07 school year that helped reduce suspension But restorative justice should not be used for more serious rates by 87 percent and eliminated violence, racial disparity infractions, say critics, who defend traditional discipline when and teacher attrition, according to fania Davis, co-founder and circumstances warrant. executive director of RJOY. Kevin Ahern, president of the Syracuse Teachers Association RJOY expanded the program to about 30 schools in Oakland in New York state, raised this concern after a 2014 newspaper with a budget of more than $2 million from state and local article on the school board’s use of restorative justice. “Educators sources and 40 trained district employees, called restorative are not asking for harsh for minor infractions” practice facilitators, Davis says. when they suspend or expel students, Ahern wrote in a letter Damon Smith, a former Oakland student who had been sus - to the editor, “but rather meaningful consequences for dangerous, pended more than 15 times before the new practices took root, violent and seriously disruptive behaviors that put students and reported in 2013 that peace circle sessions had helped him staff at risk and make quality instruction impossible.” 1 change his behavior. “I didn’t know how to express emotions States have been requiring schools to find alternatives to with my mouth. I knew how to hit people,” he said. “I feel I traditional disciplinary methods in response to the Obama ad - can go to someone now” and work things out. 5 ministration’s 2013 call to end what it termed the school-to- A September 2014 report showed that school suspensions prison pipeline. The administration said school districts needed among all races in Oakland declined by 22.6 percent between to reduce the skyrocketing use of suspensions and expulsions the 2011-12 and 2013-14 school years, including a 40 percent and find ways to keep kids in school. Nationwide, about 3.5 drop for African-American students accused of “disruption/willful

Continued from p. 130 policy. Eventually, a position was created minnesota’s programs spurred com - mounted over the U.S. criminal justice within the state Department of Corrections munities in Colorado, florida, Oregon system’s failure to address increasing focusing on restorative justice. 53 and Pennsylvania to follow suit. crime, some American officials advocated Kay Pranis, the department’s restorative Increasingly, however, judges, pros - more pilot restorative justice programs. justice coordinator at the time, helped ecutors, probation officers and juvenile A victims’ rights movement also called start “circle sentencing” in 1995, modeled justice professionals nationwide became attention to the needs and concerns of on the Canadian approach. In 1996 she frustrated over contradictory government victims in the judicial process. created the first community-based circle directives on young offenders. first, in In 1994, the American Bar Association sentencing project to work with both ju - 1974, Congress had passed a law creating endorsed the use of victim-offender me - veniles and adults. Several rural and urban the Office of Juvenile Justice and Delin - diation. 51 The following year the National communities developed variations of vic - quency Prevention to oversee how com - Organization for victim Assistance en - tim offender mediation, group confer - munities were charging and rehabilitating dorsed “restorative community justice.” 52 encing, reparative boards and peacemak - youths. Then in 1994, as urban crime while Colson was developing his min - ing circles to work in conjunction with was spiking amid an epidemic of crack istry fellowship, a not-for-profit commu - the justice system, while prison staff in - cocaine, Congress passed many punitive nity agency in minnesota had begun to corporated these methods when working measures, including the landmark violent advocate for restorative justice as public with incarcerated individuals. 54 Crime Control and Law Enforcement

132 CQ Researcher defiance.” Davis also has helped start programs in other school 1 Kevin Ahern, “Syracuse Teachers’ Union: ‘Restorative justice’ is fine, but what districts throughout California. 6 about immediate safety?” Letter to the Editor, The Post-Standard , April 8, 2014, Pittsburgh Public Schools in Pennsylvania began a restorative http://tinyurl.com/jmt3rhw . 2 justice program in 2014. 7 That same year, Chicago Public “Civil Rights Data Collection, Data Snapshot: School Discipline,” U.S. Department of Education Office for Civil Rights, march 21, 2014, pp. 2 and 6, http://tinyurl. Schools listed restorative justice as a discipline alternative in its com/kls2ajo. for more information, see Ann farris Rosen, “School Discipline,” student code of conduct. 8 CQ Researcher , may 9, 2014, pp. 409-432. Early reports are encouraging. In Los Angeles, where the school 3 “Civil Rights Data Collection,” ibid. ; “Resource Guide for Superintendents,” U.S. Department of Education, Office of Secondary Education, July 2015, board mandated that by 2020 every school use restorative justice http://tinyurl.com/ht8tyfz; and “Dear Colleague Letter on the Nondiscriminatory as an alternative to conventional discipline, suspension days dropped Administration of School Discipline,” Civil Rights Division, U.S. Department from 74,765 to 8,351 between 2010 and 2015. 9 Two other studies of Justice and Office for Civil Rights, U.S. Department of Education, Jan. 8, 2014, http://tinyurl.com/j4pvklt. 10 showed promising results elsewhere. 4 Jessica Chasmar, “Oakland schools ban suspensions for defiant behavior Students of michael Seng, a professor at John marshall Law following civil rights probe,” The Washington Times , may 15, 2015, http://tiny School in Chicago, run peace circles in several city schools to url.com/jp2rod7; “Agreement to resolve Oakland Unified School District, OCR Case Number 09125001,” Office for Civil Rights, U.S. Department of Education, address misbehavior, ranging from truancy to bullying and fighting. Sept. 27, 2012, http://tinyurl.com/hsxxo4c. But restorative justice has its critics. Paul Sperry, a former media 5 Patricia Leigh Brown, “Opening Up, Students Transform a vicious Circle,” fellow with the Hoover Institution, a conservative think tank connected The New York Times , April 3, 2013, http://tinyurl.com/zmdpwx7. to Stanford University, called restorative justice “a touchy-feely” 6 “Restorative Justice in Oakland Schools: Implementation and Impacts 2014,” Oakland Unified School District, September 2014, http://tinyurl.com/jqtbpta. method. “Yes, other large urban school districts are reporting fewer 7 Joshua wachtel, “Pittsburgh in groundbreaking project to make schools safer, ” suspensions since adopting the nonpunitive approach,” he said. “But Restorative works, Oct. 15, 2014, http://tinyurl.com/zwdguog. that doesn’t necessarily mean fewer infractions.” 11 8 “CPS Proposes Revisions to Student Code of Conduct to further Reduce Chicago public school teachers said many schools lack a Suspensions and Keep Students Engaged in the Classroom,” press release, Chicago Public Schools, June 26, 2014, http://tinyurl.com/j6jy323. dedicated “peace room” where students can calm down after 9 Christine Armario, “In LA, policy shift yields decline in school suspensions,” 12 being removed from a class. The Associated Press, Jan. 10, 2015, http://tinyurl.com/jeweozs. Seng says Chicago restorative justice facilitators have had to 10 “Improving School Climate: Evidence from Schools Implementing Restorative gain the support of the city’s law enforcement agencies, which Practices,” International Institute for Restorative Practices, 2014, http://tinyurl. com/j7w7lhe; Anne Gregory et al. , “The Promise of Restorative Practices to were skeptical of the method’s ability to stem crime. Transform Teacher-Student Relationships and Achieve Equity in School Dis - Asked if the practice is working, Seng says, “Anecdotally, cipline,” Journal of Educational and Psychological Consultation , Nov. 4, 2014, we are real optimistic. But to put it down on paper? I’m not http://tinyurl.com/h84b9lf. 11 Paul Sperry, “How liberal discipline policies are making schools less safe,” sure we can make the case yet.” New York Post , march 14, 2015, http://tinyurl.com/pv9m8up. 12 Juan Perez Jr., “Teachers complain about revised CPS discipline policy,” — Christina L. Lyons Chicago Tribune , feb. 25, 2015, http://tinyurl.com/jnlqr7q.

Act, which put 100,000 cops on the In 1996, U.S. Attorney General Janet Together (PACT) Institute of Justice, a street, expanded prisons and tightened Reno called for the Justice Department nonprofit family-intervention program sentencing guidelines . 55 to look into community-based approach - based in valparaiso, Ind., and mark In the same year, Justice Depart - es. 58 And the following year, the Na - Umbreit, PACT’s executive director and ment’s Office of Juvenile Justice created tional Institute of Corrections undertook cofounder. 60 Other researchers began the Balanced and Restorative Justice demonstration projects and training ses - to look more closely at its effect on Project, designed to help communities sions on restorative justice methods. 59 victims as well as offenders and their find ways to achieve a balanced ap - Several community programs fo - subsequent behavior. proach to holding juveniles accountable cused on restorative justice in cases Restorative justice gained further le - while rehabilitating them. 56 A guidance involving young offenders or adult of - gitimacy in 2002 when minnesota’s document prepared by the office stated: fenders accused of relatively minor, Supreme Court held that the District “The restorative justice focus on crime nonviolent crimes or with first-time Court did not abuse its discretion by as harm, and justice as repairing the offenders. The process “has shown it agreeing to a sentencing circle recom - harm, offers a vision that elevates the can be an appropriate total or partial mendation to grant an offender a stay role of crime victim, yet views victim, substitute to incarceration for felony of adjudication if she pleaded guilty offender, and community as equal cus - offenders,” said Zehr, then associate to wrongfully obtaining public assis - tomers of juvenile justice services.” 57 director of the Parents and Children tance by lying about her income. 61

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Truth and Reconciliation Panel Sought “It’s an idea whose time has come,” says its leading proponent.

ania Davis has suffered the effects of racial violence since she would operate, including such key details as its size, scope of was 15, when two close friends were killed in the white su - operation and powers. But Davis says she foresees a commission f premacist bombing of a Birmingham, Ala., Baptist church in that is national in scope and would use “healing circles” in ferguson September 1963. The bombing marked a turning point in the civil and other places. The circles — a restorative justice method often rights movement and helped lead to the Civil Rights Act of 1964. used in schools and communities to address specific crimes — Six years later, Davis says, police broke into her home and shot would bring together law enforcement, victims, local leaders and her husband because of their support for the Black Panthers — a community members to talk about the incidents, their causes and revolutionary African-American nationalist group. Since then, she says, effects and ways to make amends and build new relationships. a pattern of racial violence and discrimination has continued, something “Not only will people share stories of either causing harm or she believes needs to be addressed through a form of restorative being harmed at local levels in these circles, but they also will justice known as a truth and reconciliation commission. Such a panel come up with local ideas for action,” such as perhaps a requirement could be similar to one formed in 1995 in South Africa to deal with that police live in the communities they serve, Davis says. human rights abuses that had occurred during apartheid . 1 Davis concedes she hasn’t seen the “peace circle” used to “It’s an idea whose time has come,” says Davis, executive redress historical harms, but says dozens of truth and reconciliation director of Restorative Justice for Oakland Youth, which provides commissions deployed worldwide are models. Such commissions training and support for practitioners nationwide. She also is a typically do not conduct trials or cross-examine witnesses; instead, civil-rights lawyer and the sister of Angela Davis, the 1960s radical they provide an official history of incidents and offer recom - who has waged numerous battles on behalf of the oppressed. mendations of how to make reparations. 3 A series of high-profile police killings of young African- The South Africa Truth and Reconciliation Commission invited American men in 2014 and ’15 has sparked outrage among mi - victims of human rights violations to testify about their experiences nority communities nationwide. 2 Some type of truth commission, and offered amnesty from prosecution to offenders who confessed Davis says, might enable open discussions within communities publicly. The commission, formed by the government, traveled affected by those killings, such as ferguson, mo., and Baltimore, around the country to hear testimony. where racial violence has led to riots. “Stories of abuse were publicly shared for the first time,” Davis Davis is joining forces with restorative justice activists across the says of the commission. “The beauty of that process in South country to discuss how to undertake such an initiative. These Africa was that everyone tuned in. . . . That’s what I’d like to activists include margaret Burnham, professor at the Northeastern see in this country.” University School of Law in Boston, Bryan Stevenson, founder and In 2004 a private organization formed the Greensboro Truth executive director of the Equal Justice Initiative, a nonprofit in and Reconciliation Commission in North Carolina, the first such montgomery, Ala., that provides legal services to indigent defenders commission in the United States, many years after white and prisoners; and Howard Zehr, who helped found the restorative supremacists had killed five anti-Klan demonstrators in Greensboro justice movement and wants to see a commission formed. on Nov. 3, 1979. The commission was charged with determining Davis and her allies have not worked out how a commission the “context, causes, sequence and consequences” of the incident

tive justice programs spread to the rest adult cases. 65 In subsequent years several International Momentum of the country. 63 statutes were amended to require that In 1995, South Africa devised a Truth restorative justice be considered at sen - he Thames valley Police was the and Reconciliation Commission to ad - tencing and parole release. New Zealand T first organization in the United King - dress human rights abuses that occurred schools also offer restorative justice. 66 dom to use restorative justice to deal during apartheid. 64 The United Nations did not define with young offenders. 62 In the late Restorative justice principles — the restorative justice when it encouraged 1990s the former chief constable, Charles understanding that justice should focus its use by member states in 2002, but Pollard, helped facilitate the first con - on repairing the harm done in a crime it endorsed many of the same basic ference at the police station in Aylesbury and that the people most affected by principles. 67 The following year the to deal with two 16-year-olds who had the crime should be able to participate U.N. Office on Drugs and Crime pub - taken a woman’s car on a joyride. in its resolution — began to appear in lished a handbook to help member “The offenders were hugely remorse - statutes around the world. In 2001, New states craft their own programs. 68 ful. They were appalled by what they’d Zealand piloted a court-referred restora - In 2007 the European Commission done,” Pollard said. from there, restora - tive justice program that extended to took a step toward a restorative concept

134 CQ Researcher r e t i e r K

e n n a z u

and recommended ways to repair harm done to the wider S / e

community, such as an acknowledgment of the tragedy by the b o city and public apology by the offenders. 4 l G

Davis sees a similar role for a national truth commission. Besides n o t s

hearing grievances and promoting reconciliation, the panel might o B establish a national museum and a truth and reconciliation e h

center to keep the work ongoing, she says. “It takes more than a T / s

few years to undo more than 500 years of oppression,” she says. e g

meanwhile, Burnham and her students are working to uncover a m I

the details behind hundreds of killings during Jim Crow — an y t t

80-year period after Reconstruction when state laws enforced e G racial segregation and during which nearly 4,000 African- Margaret Burnham, a law professor at Northeastern 5 Americans were lynched. University in Boston, is working with some of her melissa Nobles, dean of mIT’s School of Humanities, Arts, students to investigate hundreds of racially motivated and Social Sciences, and her students are working with North - killings that occurred during the Jim Crow era in an eastern to compile data of racially motivated homicides in former attempt to bring closure for victims’ families. The effort is Confederate states between 1930 and 1954. As they find answers, part of the healing techniques used in restorative justice. they share the details with surviving family members to help heal ongoing pain. “The ramifications of these murders have 1 fania Davis, “This Country Needs a Truth and Reconciliation Process on been far reaching,” Noble said. 6 violence Against African Americans — Right Now,” YES! Magazine , Dec. 5, Zehr says he supports the effort to create a commission in 2014, http://tinyurl.com/oj729mj. 2 Jason Hanna, Josh Levs and Ben Brumfield, “Police: Teen raised gun before hopes it will lead to racial healing. Offenders in the criminal officer killed him near ferguson,” CNN, Dec. 26, 2014, http://tinyurl.com/o98nlf2; justice system, he says, often feel labeled as incorrigibles, par - “Timeline: freddie Gray’s arrest, death and the aftermath,” The Baltimore ticularly those in minority communities — an issue addressed Sun , April 12, 2015, http://tinyurl.com/pps8ees; and Kim Bellware, “Chicago Releases ‘Chilling’ video of Cop Shooting Teen 16 Times,” The Huffington in michelle Alexander’s 2012 book, The New Jim Crow: Mass Post , Nov. 25, 2015, http://tinyurl.com/z4nxdvx. for background, see Peter Incarceration in the Age of Colorblindness. Katel, “Racial Conflict,” CQ Researcher , Jan. 8, 2016, pp. 25-48. “Rather than rely on race, we use our criminal justice system 3 for background see Jina moore, “Truth Commissions,” CQ Researcher , Jan. 1, 2010, pp. 1-24. to label people of color ‘criminals’ and then engage in all the 4 “Greensboro Truth and Reconciliation Report: Executive Summary,” may 25, [exclusionary] practices we supposedly left behind,” Zehr says. 2006, http://tinyurl.com/gupd54o . “Today it is perfectly legal to discriminate against criminals in 5 “Lynching in America: Confronting the Legacy of Racial Terror, Report nearly all the ways that it was once legal to discriminate against Summary,” Equal Justice Initiative, 2015, http://tinyurl.com/pu8gqwd. 6 African-Americans.” “3 Questions: melissa Nobles on advancing racial and restorative justice: Head of political science at mIT says understanding the past is a source for social — Christina L. Lyons innovation in our own time,” MIT News , April 6, 2015, http://tinyurl.com/hjatf3o. when it issued new guidelines for im - methods, primarily for young offenders chusetts, the victim-offender dialogue plementing mediation in crime cases. or those arrested or convicted of relative method was used in 2006 when a But in 2012, the commission adopted minor, nonviolent offenses. 71 One ex - woman met with two men accused of a directive giving all victims the right ception was the vermont General As - killing her son Joel. The mother reported, to review a decision not to prosecute sembly: In 2000 it had passed a statute “Sitting in that dialogue helped me feel and providing for safeguards when requiring that restorative justice tenets that Joel’s life . . . mattered,” and she choosing restorative justice. 69 Belgium be used to shape criminal justice . 72 said she would hold the young men was already modeling a restorative justice In 2002, an assistant U.S. attorney to a commitment to live different lives method entailing family conferencing had written two reports stating that — which they reportedly did after they for young offenders. 70 the New Zealand practice showed were released from prison in 2012 . 74 meanwhile, in the United States, the promise for use in the U.S. criminal Promoters of restorative justice height - New Zealand program had caught the justice system. 73 ened their efforts after U.S. Inspector eye of justice groups and law enforcement Law enforcement agencies and social General michael E. Horowitz in 2013 officials. many state statutes began to workers tried restorative methods with noted a “growing crisis in the federal endorse — but not mandate — restorative some violent criminal cases. In massa - prison system” due to overcrowding

www.cqresearcher.com Feb. 5, 2016 135 RESTORATIvE JUSTICE and told the U.S. attorney general that meet state and federal demands that after producing cost savings from re - the rising costs of the judicial system schools end zero-tolerance policies. duced incarcerations. People who par - were eating up the Justice Department (See sidebar, p. 132. ) ticipated in the program were 58 per - budget . 75 many schools overseas are using cent less likely to reoffend compared The Justice Department encouraged the approach as well. And more com - with offenders processed through the communities and states to explore al - munities worldwide are eyeing the prac - justice system, according to an evalu - ternatives — naming restorative justice tice and building new programs. Several ation of the project. 77 as a potential solution, particularly for legal experts, victims’ rights groups and Steve Cook, president of the National youthful offenders. many communities social workers are debating the feasibility Association of Assistant U.S. Attorneys, and schools responded to the call. of using restorative justice approaches disagrees that the thousands of drug “I’ve never seen things turn around in domestic and sexual assault cases traffickers released from federal prisons so fast,” Pranis says. “Suddenly you in the United States. Restorative justice last year were low-level offenders, or that restorative justice might offer an alternative to incarceration. “Because we are dealing with high- level offenders, not low level, we think the way the criminal justice system is

k dealing with it is correct — minimum e n

a penalties for significant drug traffickers.” w I

a He continues: “we all would like t r

a an alternative that works. But we are M /

r interested not only in incapacitating a a t

S person but in sending a message.”

o t Cook says the most appropriate use n o r

o for a restorative justice program would be T /

s at the state level with very low-level of - e

g fenders, or before releasing high-level of - a m I

fenders from prison into the community. y t t meanwhile, Zehr is working with e G Davis of Restorative Justice for Oakland Cathy Stronghearted Woman listens during a drum circle at the Walk for Reconciliation last May in Toronto. The circle, a restorative justice practice Youth and others to use restorative first used in ancient indigenous cultures, is designed to promote justice to solve endemic racial violence. reconciliation between Aboriginal peoples and other Canadians. They want to form a truth and rec - onciliation commission to address the had the federal government . . . speak - programs in Australia recently have been violence against minorities in the United ing out” for restorative justice. “But by expanded to address sexual assault and States. ( See sidebar, p. 134. ) that time, communities were already domestic violence cases — a move that in front of that.” has generated some criticism. 76 meanwhile, as the Obama admin - On Campuses istration releases thousands of so-called “low level” drug offenders in an attempt kidmore College’s Karp is urging a CURRENT in part to relieve overcrowding, correc - S national discussion among practition - tions officers and social workers are ers and universities about using restorative debating whether restorative justice justice practices to address campus sexual SITUATION could be a feasible alternative to prison. assaults, a problem that is receiving grow - Seattle has established a pre-booking ing national attention. A committee of the diversion pilot program, called the Law American Bar Association also is looking In Communities Enforcement Assisted Diversion (LEAD), into the idea . 78 for those who have committed low- The Justice Department reported that chool systems across the country level drug and prostitution crimes. Ini - sexual assault on college and university S are expanding the use of restorative tially funded by the ford foundation, campuses increased from 2,200 in 2001 justice practices as local officials try to the project gained state financial support Continued on p. 138

136 CQ Researcher At Issue:

Couyes ld restorative justice reduce U.S. incarceration rates?

JOAN PENNELL WILLIAM WOOD DIRECTOR , C ENTER FOR FAMILY AND SENIOR LECTURER , S CHOOL OF CRIMINOLO - COMMUNITY ENGAGEMENT , GY AND CRIMINAL JUSTICE , G RIFFITH NORTH CAROLINA STATE UNIVERSITY UNIVERSITY , Q UEENSLAND , A USTRALIA

WRITTEN FOR CQ RESEARCHER , FEBRUARY 2016 WRITTEN FOR CQ RESEARCHER , FEBRUARY 2016

vidence of restorative justice’s impact on incarceration hile restorative justice has many merits, reducing rates is inconclusive, but the experience with juveniles incarceration rates is not one of them. Restorative e is instructive. Youth incarceration has dropped over the w justice approaches generally include meetings be - past decade in the United States. Can we attribute this decrease tween victims, offenders and other parties, where victims are solely to restorative justice practices? Certainly not. Approaches allowed to explain the harms caused to them and offenders are such as family group conferencing and peace circles are far too afforded the possibility of making amends for these harms. infrequently and inconsistently applied across the country to Research has found that restorative justice probably leads to a assess their impact. small or moderate reductions in reoffending rates and is generally Nevertheless, the usefulness of family group conferencing is better for victims than conventional justice practices. evident in New Zealand, where it was legislated in 1989 for Reductions in reoffending would seem to be a good starting child welfare and juvenile justice. Since the adoption of family point for lowering prison rates, but this is misleading. In the group conferencing, the rate of young people held in custodial United States and most other English-speaking countries, facilities has fallen by at least two-thirds and is at a level far restorative justice is used largely for youth and/or lesser of - lower than in the United States. The question is not whether fenses. On the whole, it is not widely used for more serious restorative justice can reduce youth incarceration but rather offenses, or for repeat offenders likely to commit imprisonable how we can leverage this approach to keep young people offenses. Unless restorative justice is used more systematically connected to their families, schools and communities. for serious offenders, it will have little ability to reduce prison Conferencing cannot stand alone. Its ability to reduce reoffend - rates through reduced reoffending. ing must be seen within the larger context of reforms that in - Another possibility would be to use restorative justice as an clude diversionary policing, shorter sentences and better support alternative to incarceration for first-time or low-risk offenders. for families. yes Some of the eanrliest restorative pro ograms were developed in moreover, the New Zealand experience shows that applying the 1970s as alternatives to incarceration, and many early ad - the lowest possible level of intervention also prevents youths vocates focused on ways to lower prison populations. Since from progressing further in the legal system. This comprehensive then, however, restorative justice has been largely institutionalized approach is in line with the recommendations of the National as part of criminal justice sanctions, not as an alternative to Juvenile Justice and Delinquency Prevention Coalition in the Unite d them, and there are few examples today of restorative justice States, as well as with initiatives that encourage investment in being used as an alternative to incarceration. community-based interventions over costly centers. finally, incarceration rates in the United States and elsewhere Restorative justice practice is best construed as a meta-strategy did not grow due to increases in crime. On the contrary, the rather than as an intervention that stands on its own. Accordingly , United States, Australia, New Zealand and the United Kingdom even a small positive effect is notable. To fully ascertain its im - saw decreases in serious crime over the last two decades, pact on incarceration levels, we need to take into account family even while prison rates soared. and community engagement at different life stages by the various Prisons did not fill up because people committed more systems. for instance, family group conferencing in child welfare crime. They filled up because of changes in policing practices, cases can avert problems involving safety and wellbeing that sentencing laws and correctional policies. These changes are could lead to later offending by a juvenile. far beyond the purview of restorative justice or criminal justice In trying to protect children, we have learned that family interventions in general. group conferencing promotes the reunification of families, es - If we seek ways to substantially reduce incarceration, we pecially for African-American and Hispanic children. These must confront the historical drivers of prison growth. Restorative early efforts at stabilizing children’s lives can potentially reduce justice may have a role to play in this, but to date that role is their contacts with the legal system, increase the children’s not yet well-defined. mass incarceration is a political problem sense of fairness in how the system makes plans regarding — a consequence of almost four decades of “tough on crime” their lives and educate them about how to engage responsibly practices. without redress of these policies, no type of alternative in theinro communities. sanction will make much difference.

www.cqresearcher.com Feb. 5, 2016 137 RESTORATIvE JUSTICE

Continued from p. 136 the bill — which has not moved forward to 3,300 in 2011, and the Department in either the House or Senate — would of Education has been investigating advance the principles of restorative OUTLOOK dozens of colleges and universities for punishment because it “promotes the their handling of the cases. The issue value of proportional punishment.” has victims’ rights groups and civil lib - Lee has not used the term “restorative Hard Work Ahead ertarians debating the best process for justice.” He has only discussed the need handling sexual assault cases. 79 for “forgiveness” and imposing appro - riminal justice experts agree that “There is a knee-jerk resistance” to priate sentences — two Christian prin - C expansion of the use of restorative restorative justice, Karp says, because ciples associated with restorative justice. justice could take many years. Its ap - many people oppose bringing the vic - “forgiving is not the same thing as plication for violent crimes will continue tim and perpetrator together. But, he excusing,” Lee said. “And it’s not incom - to be particularly controversial and its says, often the victim doesn’t want the patible with punishment. forgiveness effectiveness hard to measure, they say. other student arrested and just wants requires assigning blame and, when nec - “That’s going to be the hard one the issue resolved. “In the current cli - essary, imposing just punishments.” 81 to sell,” mott of marlboro College says. mate, it may not be possible. But there few other national politicians are talk - But she adds, “when you engage in is an increasing desire for it.” ing about restorative justice. One pres - prison reform, you engage incremen - meg mott, a professor of political the - idential candidate, Republican Jeb Bush, tally and then work down the line.” ory at marlboro College in vermont, says mentioned it last year when he told the The future of restorative justice will using restorative justice in cases of sexual National Urban League that “real justice depend on further study, researchers say. assault is “a no-brainer.” If the victim is in America has got to include restorative But Pranis, the former restorative justice reluctant to participate or thinks the per - justice. I opened the first faith-based director in minnesota, objects to how petrator is a danger to society, she adds, prison in the United States,” he said, re - restorative justice programs are usually “they can go downtown and go to court ferring to his 2003 decision to start a measured. “People want proof that it will and get the full force of the law.” religious-based program in a medium- reduce recidivism,” she says. “But nobody But she expects resistance to the ap - security prison in Bradford County, fla., says we should spend less on prisons proach to continue because of a growing aimed at rehabilitating prisoners. 82 because [they don’t] reduce recidivism.” “war on rape.” This war, she says, is Karp says restorative justice has yet “You have to be clear on what you “creating that same sort of fear, enormous to enter the official national discussion are looking for” when deciding whether fear,” that we saw with the war on on criminal justice reform. “It’s a very to implement restorative justice, Pranis drugs. The response in such situations, insular movement; . . . traditionally it’s continues. for instance, “would torture mott says, “has always been to create been faith-based or academic-based, so be OK if it worked? my answer would tougher laws, put more people away.” it’s not been part of [the] vernacular of be no.” criminal justice reform leaders” and for her part, she says, “I’m looking hasn’t made it to that level yet, he says. [to make] communities . . . stronger in At the National Level Expansion of the restorative justice a healthy way.” whether restorative justice movement in the United States pales in can become part of criminal justice re - estorative justice is drawing some comparison to what’s happening in New form remains a question. Karp of Skid - R limited congressional attention. Zealand and England and Canada, Karp more College and one of his students, Rep. Robert Scott, D-va., has proposed says. manitoba, a Canadian province, Olivia frank, said the restorative justice the Youth Promise Act, which aims to recently passed a Restorative Justice Act, movement “has some hard work ahead encourage communities to deal with ju - allowing offenders and victims — either if it is to become central to contemporary venile delinquency and criminal street before or after charges are filed — to criminal justice reform.” 84 gang activity by seeking alternatives, in - work with community members to seek Zehr of Eastern mennonite University cluding restorative justice, to jail. The bill an appropriate resolution. 83 says it’s unclear how much the U.S. is pending before the House Committee But, Karp adds, in the United States, public and lawmakers are willing to on Education and the workforce . 80 “the winds are shifting because people change the current system; many politi - Colson’s Justice fellowship is rallying are realizing that the very adversarial cians, he noted, don’t want to appear behind the Smarter Sentencing Act, pro - processes are damaging to everyone in - soft on crime. posed by Rep. Raúl Labrador of Idaho volved. Everyone leaves bitter and re - But some also worry about restorative and Sen. mike Lee of Utah, both Re - sentful and unhappy. So they are searching justice being co-opted by the criminal publicans. The Justice fellowship said for a more productive solution.” justice system and losing sight of its

138 CQ Researcher core principles. “widespread adoption Justice in Theory and Practice,” in Andrew von Nikki Godden, “I Just wanted Him to Hear can lead to a dilution or misunder - Hirsch et al. , eds., Restorative Justice and Criminal me’: Sexual violence and the Possibilities of standing of the values that underlie Justice: Competing or Reconcilable Paradigms Restorative Justice,” Journal of Law and Society , truly restorative systems,” said John Lash, (2002), http://tinyurl.com/zc8l8ld ; Kathleen Daly, June 2012, pp. 213-240; Rebecca mullane et al. , executive director of the Georgia Conflict “what Is Restorative Justice? fresh Answers to “victim-Offender mediation: A meta-analysis,” a vexed Question,” Victims and Offenders , re - in Nancy A. Burrell et al. , eds., Managing Inter - Center, a nonprofit in Athens, Ga., work - vised Nov. 23, 2015, http://tinyurl.com/jv7vu96 . personal Conflict: Advances Through Meta- ing to reduce violence. “And groups 4 John Braithwaite, video podcast of restorative Analysis (2014), pp. 106-124, http://tinyurl. that haven’t been represented in the justice lecture, the Australian National University, com/hj2646f . 85 process can be marginalized. ” Nov. 8, 2008, http://tinyurl.com/yglefpf . 16 Don weatherburn and megan macadam, wood of Griffith University agrees. 5 See Sheila m. murphy and michael P. Seng, “A review of restorative justice responses to “One of the problems restorative justice eds., Restorative Justice in Practice: A Holistic offending,” Evidence Base , Issue 1, 2013, is facing is how to become institutionally Approach (2015). http://tinyurl.com/h6an8ot ; Lawrence w. Sher - integrated while not being co-opted,” 6 Shannon m. Sliva and Carolyn G. Lambert, man and Heather Strang, “Restorative Justice: he says. “Restorative Justice in the American States: A The Evidence,” The Smith Institute, 2007, The Genesee County, N.Y., program Statutory Analysis of Emerging Legal Doctrine,” http://tinyurl.com/hloubcz . 17 was founded by a system champion Journal of Policy Practice , April 2015, pp. 77- “Restorative Justice: Remarks by Susan Her - 95, http://tinyurl.com/zazkbk4 . man, Executive Director, National Center for but may not survive because it has 7 “Smart on Crime: Reforming The Criminal victims of Crime, Before the International Sym - not been institutionalized, wood says. Justice System for the 21st Century,” U.S. De - posium on victimology, montreal Canada,” the when the sheriff who built the program partment of Justice, August 2013, http://tinyurl. National Center for victims of Crime, Aug. 10 , retired, government appropriators spied com/gr88r78 . 2000, http://tinyurl.com/jgv32ew . it as a place to cut costs during tough 8 for background, see Charles S. Clark, “Prison 18 Diana mcKibben and Phil Penko, “Does economic times. 86 Overcrowding,” CQ Researcher , feb. 4, 1994, Restorative Justice Have a Realistic Place in Success also will depend on getting pp. 97-120. Today’s Criminal Justice System?” The Police sufficient community support for 9 “Prisoners under state and federal jurisdiction, Chief , December 2015, pp. 72-77, http://tiny restorative justice, adds wood, who an - 1980-2013,” Bureau of Justice Statistics, undated, url.com/jxfurdt . 19 alyzed how to gain such support in accessed Jan. 14, 2016, http://tinyurl.com/ Sen. James B. Eldridge, “An Act Promoting a washington state community and the jyobolh ; “State, federal Prison Populations De - Restorative Justice Practices,” Senate Bill No. cline Simultaneously for first Time in 36 71, filed Jan. 15, 2015, https://malegislature. benefits and limits of such support. 87 Years,” Pew Charitable Trusts, Sept. 17, 2015, gov/Bills/189/Senate/S71 . The practice needs “much better in - http://tinyurl.com/zyzw9ym . 20 “Scaling Restorative Community Conferenc - frastructure,” Zehr says “There hasn’t 10 “faith-Based and Community Initiatives: ing Through a Pay for Success model: A fea - been a real infrastructure for training Prisoners and Prisoners Re-Entry,” U.S. Depart - sibility Assessment Report,” National Council and support.” ment of Justice, undated, accessed feb. 2, on Crime and Delinquency, march 2015, “we are in our infancy,” Pranis says. 2016, http://tinyurl.com/7c2qnev . http://tinyurl.com/zwlfoe9 . “we are still very young in thinking how 11 for background, see Anne ferris Rosen, 21 “Strengthening Restorative Justice: A Progress to apply this in modern western society.” “School Discipline,” CQ Researcher , may 9, Report for the Joint Committee on Corrections “In many places today, restorative 2014, pp. 409-432. Also see Peter Katel, “Crime Oversight,” Representatives of vermont Asso - justice is considered a sign of hope on Campus,” CQ Researcher , feb. 4, 2011, ciation of Court Diversion Programs et al. , and the direction of the future,” wrote pp. 97-120. march 12, 2014, http://tinyurl.com/glfvs33 . 12 murphy and Seng, op. cit. , p. 270. 22 Inge vanfraechem and Lode walgrave, Zehr, in the 2014 version of his hand - 13 Pope francis, “Apostolic Journey — United “Restorative conferencing in Belgium: can it book first published in 1980. “whether States of America: visit to the Congress of decrease the confinement of young offenders?” it will live up to this promise remains the United States of America, Address of the Corrections Today , December 2004, pp. 72-75 , 88 to be seen.” Holy father,” Washington , Sept. 24, 2015, http://tinyurl.com/gqj6vdm . http://tinyurl.com/pmc3hvr ; Dani Clark, “Re - 23 “Reoffending analysis for restorative justice form leaders advocate ‘restorative’ justice for cases 2008-2011,” New Zealand ministry of Notes US offenders,” National Catholic Reporter , Nov. Justice, April 2014, http://tinyurl.com/j38bns9 . 11, 2015, http://tinyurl.com/hcsgchv . 24 Lawrence w. Sherman et al. , “Are Restorative 1 for more on Our Restorative Justice, see 14 Inae Oh, “families of Charleston Shooting Justice Conferences Effective in Reducing Repeat its website at http://tinyurl.com/zqcrsx6 . victims: ‘we forgive You,’ ” Mother Jones , June Offending? findings from a Campbell Systematic 2 Kleiman is the author of When Brute Force 19, 2015 , http://tinyurl.com/ozeu8ma ; and Jack Review,” Journal of Quantitative Criminology , Fails: How to Have Less Crime and Less Pun - Jenkins, “forgiveness, ‘Cheap Grace,’ and The march 2015, pp. 1-24, http://tinyurl.com/jnhla83 . ishment (2009) that advocates a change to Struggle for Justice in Charleston,” Think Progress, 25 Sherman and Strang, op. cit. law enforcement methods. June 23, 2015, http://tinyurl.com/ho6golp . 26 Paul Tullis, “Can forgiveness Play a Role in 3 Kathleen Daly, “mind the Gap: Restorative 15 Clare mcGlynn, Nicole westmarland and Criminal Justice?” The New York Times Magazine ,

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Jan. 4, 2013, http://tinyurl.com/zuxy9lm . Kate Gros - Survivors,” National Journal , may 1, 2015, 754; Kathleen Daly and Elena marchetti, “In - maire, with Nancy french, is publishing a book, http://tinyurl.com/zlfaraw . novative Justice Processes: Restorative Justice, Forgiving My Daughter’s Killer , in march 2016 . 36 “fact Sheet: Trends in U.S. Corrections,” Indigenous Justice and Therapeutic Justice” 27 Herman and Strang, op. cit. , p. 88. The Sentencing Project, November 2015, http:// in marinella marmo, willem De Lint and 28 Jacqueline Joudo Larsen, “Restorative justice tinyurl.com/cps7y49 ; Joshua Rovner, “Policy Darren Palmer, eds., Crime and Justice: A in the Australian criminal justice system,” Aus - Brief: Disproportionate minority Contact in Guide to Criminology (2012), p. 455. tralian Institute of Criminology, 2014, pp. vii- the Juvenile Justice System,” The Sentencing 43 Daniel w. van Ness and Karen Heetderks viii, http://tinyurl.com/j7hygoy . Project, may 2014, http://tinyurl.com/kbvt96c . Strong, Restoring Justice: An Introduction to 29 Joan Pennell and mimi Kim, “Opening Con - 37 “Civil Rights Data Collection Data Snapshot: Restorative Justice (2015), p. 27. versations Across Cultural, Gender, and Gen - School Discipline,” Issue Brief No. 1, U.S. De - 44 Debra Heath-Thornton, “Restorative Justice,” erational Divides: family and Community En - partment of Education Office for Civil Rights, in David Levinson, ed., Encyclopedia of Crime gagement to Stop violence Against women march 2014, http://tinyurl.com/k6gccn3 . and Punishment (2002), Sept. 15, 2007, http:// and Children,” in James Ptacek, ed., Restorative 38 for background on structural racism, see tinyurl.com/gme2s3w . Justice and Violence Against Women (2010), Peter Katel, “Racial Conflict,” CQ Researcher , 45 mark Obbie, “ ‘They Knew It was the Right pp. 1177-192; Joan Pennell et al. , “family violence, Jan. 8, 2016, pp. 25-48. Thing to Do’: The Unlikely Rise of Restorative fathers, and restoring personhood,” Restorative 39 Joshua wachtel, “Alternative justice pilot pro - Justice in a Conservative Upstate New York Justice: An International Journal , 2013, gram rolled out in Seattle, washington,” Restora - County,” Slate , Dec. 29, 2015, http://tinyurl. http://tinyurl.com/gprdtzl . Also see Anne Hayden tive works Learning Network, Sep. 30, 2013, com/jlzucq7 . et al. , A Restorative Approach to Family Violence: http://tinyurl.com/hlpdv55 ; Steve miletich, “Ex - 46 van Ness and Strong, op. cit. , p. 28. Changing Tack (2014). traordinary meeting followed carver’s fatal 47 Daly and marchetti, op. cit. 30 Leigh Goodmark, “Healthy Alternatives to shooting by Seattle officer,” The Seattle Times , 48 van Ness and Strong, op. cit. , p. 29. Prosecution Can Help victims,” The New York feb. 2, 2011, http://tinyurl.com/zbtx5sq ; and 49 Bill Keller, “Prison Revolt: A former law-and- Times , Sept. 11, 2014, http://tinyurl.com/ly87lu2 . Andrea Brenneke, “A Restorative Circle in the order conservative takes a lead on criminal- 31 Lea Sottile, “Abuser and Survivor, face to wake of a Police Shooting,” Tikkun , feb. 1, justice reform,” The New Yorker , June 29, 2015 , face,” The Atlantic , Oct. 5, 2015, http://tinyurl. 2012, http://tinyurl.com/zpaskgx . http://tinyurl.com/oor3kl7 ; “Pat Nolan: vice com/jeon8ev . 40 “fBI Releases 2013 Crime Statistics from President, Prison fellowship,” The Colson Cen - 32 Sottile, op. cit. the National Incident-Based Reporting System,” ter for Christian worldview, accessed Jan. 7, 33 James Ptacek and Loretta frederick, “Restora - press release, fBI, Dec. 22, 2014, http://tinyurl. 2015, http://tinyurl.com/gvtlws8 . tive Justice and Intimate Partner violence,” com/optoe5d . 50 See Daniel w. van Ness and Pat Nolan, “Leg - National Resource Center on Domestic vio - 41 mark S. Umbreit et al. , “Restorative Justice islating for Restorative Justice,” Regent University lence, 2011, http://tinyurl.com/z45kj4f . in the Twenty-first Century: A Social movement Law Review , 1998, http://tinyurl.com/gomu3v7 . 34 Kathleen Daly et al. , “Youth sex offending, full of Opportunities and Pitfalls,” Marquette 51 American Bar Association (ABA) Endorse - recidivism and restorative justice: Comparing Law Review , 2005, http://tinyurl.com/jtmgwrk ; ment of: victim-Offender mediation/Dialogue court and conference cases,” Journal of Crim - Ann m. Lousin, “Restorative Justice: a kinder, Programs, ABA House of Delegates, August inology , 2013, pp. 1-27, http://anj.sagepub. gentler and better way?” Chicago Daily Law 1994, www.vorp.com/articles/abaendors.html . com/content/46/2/241.abstract . Bulletin , march 3, 2014, http://tinyurl.com/gm 52 marty Price, “Punishment — what’s In It 35 mary P. Koss, “The RESTORE Program of fvbzk ; and “Indigenous Justice Systems and for The victim? A Restorative Justice Discussion Restorative Justice for Sex Crimes: vision, Tribal Society,” National Institute of Justice, for Crime victims and Their Advocates,” Kalei - Process, and Outcomes,” Journal of Interper - Dec. 3, 2007, http://tinyurl.com/ho4umnd . doscope of Justice , march/April 1997, www. sonal Violence , Dec. 24, 2013, http://tinyurl. 42 Christina L. Lyons, “Reforming Juvenile Jus - vorp.com/articles/punish.html ; marlene A. com/zupslml ; “A New form of Justice for Rape tice,” CQ Researcher , Sept. 11, 2015, pp. 753, Young, “Restorative Community Justice: A Call To Action,” 1994, www.iovahelp.org/About/ marleneAYoung/RCJmono.pdf . About the Author 53 Kay Pranis, “Restorative Justice in minnesota and the USA: Implementation and Outcomes,” Christina L. Lyons , a freelance journalist based in the Wash - Resource material Series No. 63, undated, ington, D.C., area, writes primarily about U.S. government and http://tinyurl.com/jfg2269 . politics. She is a contributing author for CQ Press reference 54 Ibid. 55 books, including CQ’s Guide to Congress , and is a contributing for background, see margaret Edwards, editor for Bloomberg BNA’s International Trade Daily. A former “mandatory Sentencing,” CQ Researcher , may 26, 1995, pp. 465-88. editor for Congressional Quarterly, she also was co-author of 56 “Balanced and Restorative Justice: Program CQ’s Politics in America 2010. Lyons began her career as Summary,” Office of Juvenile Justice and Delin - a newspaper reporter in Maryland and then covered environment quency Prevention, undated, https://www.ncjrs. and health care policy on Capitol Hill. She has a master’s degree gov/pdffiles/bal.pdf . in political science from American University. 57 “Balanced and Restorative Justice for Juveniles: A framework for Juvenile Justice in the 21st

140 CQ Researcher Century,” Office of Juvenile Justice and Delin - quency Prevention, August 1997, p. ii , https:// www.ncjrs.gov/pdffiles/framwork.pdf . FOR MORE INFORMATION 58 “Background of the Restorative Justice Note - Centre for Justice and Reconciliation , PO Box 17434, washington, DC 20041 ; book,” National Institute of Justice, Nov. 26, 703-481-0000 ; www.pficjr.org /. Helps develop restorative justice programs interna - 2007, www.nij.gov/topics/courts/restorative- tionally; division of Prison fellowship, a faith-based group. justice/pages/background.aspx . Also see Paul Takagi and Gregory Shank, “Critique of Restora - Equal Justice Initiative , 122 Commerce St., montgomery, AL 36104 ; 334-269-1803 ; www.eji.org . Promotes restorative justice and provides legal representation for poor tive Justice,” Social Justice , 2004, p. 147 , and minority juvenile offenders and inmates. http://tinyurl.com/huaqawo . 59 van Ness and Strong, op. cit. , p. 30. Peace Alliance , http://peacealliance.org/# . Coalition of U.S. organizations that ad - 60 Howard Zehr and mark Umbreit, “victim vocates for restorative justice practices and lobbies on state and national legislation. Offender Reconciliation: An Incarceration Sub - Restorative Justice for Oakland Youth , 1203 Preservation Park way, Suite 200, stitute?” Federal Probation , 1982, pp. 63-68, http:// Oakland, CA 94612 ; 510-931-7569 ; http://rjoyoakland.org /. Provides information on tinyurl.com/jyogauh . developments in restorative justice practices and trains practitioners. 61 State v. Pearson , Supreme Court of minnesota, Restorative Justice International , PO Box 467, Carson City, Nv 89702 ; No. C9-99-2021, Jan. 17, 2002, http://tinyurl. www.restorativejusticeinternational.com /. membership organization for groups seeking com/ha7ln7x . to help victims of violent crime. 62 Dennis Sullivan and Larry Tifft, Handbook of Restorative Justice: A Global Perspective Restorative Justice on the Rise , restorativejusticeontherise.org /. web-based orga - (2007), p. 38, http://tinyurl.com/ztqk24z . nization that facilitates online discussions with supporters and practitioners of restorative justice; offers instructional podcasts and tracks legislation. 63 Sally williams. “what happens when v ictims of crime meet their tormenters?” The Telegraph , Zehr Institute for Restorative Justice , 1200 Park Road, Harrisonburg, vA 22802 ; march 7, 2015, http://tinyurl.com/jg4mh6h . Also 540-432-4490 ; zehr-institute.org . Institute at Eastern mennonite University that facili - see Thames valley Restorative Justice Service tates national discussions and provides information on restorative justice. website at www.tvrjs.org.uk/pages/about%20 TvRJS.html . “Restorative justice in New Zealand: A model Act (H.R. 2197), introduced may 1, 2015, 64 Jina moore, “Truth Commissions,” CQ Global for U.S. criminal justice,” Ian Axford (New http://tinyurl.com/jk93x3v . Researcher , Jan. 1, 2010, pp. 1-24. Zealand) fellowship in Public Policy Office 81 mike Lee, “The Conservative Case for Crim - 65 for more on restorative justice principles, (2001), http://tinyurl.com/glumuty . inal Justice Reform: Remarks at the Heritage see “Lesson 1: what Is Restorative Justice,” 74 Pierre R. Berastain, “Restorative Justice Bill foundation, Oct. 7, 2015,” The Federalist , Oct. The Centre for Justice and Reconciliation, Introduced in massachusetts,” The Huffington 7, 2015, http://tinyurl.com/jq99ns3 . http://tinyurl.com/h8u7rtv . Post , Aug. 7, 2013, http://tinyurl.com/mvuqz96 . 82 Alex Leary, “Jeb Bush to National Urban 66 “Restorative Justice in New Zealand,” ministry 75 michael E. Horowitz, Inspector General, U.S. League: ‘There are unjust barriers to opportunity of Justice, December 2010, p. 2, http://tiny Department of Justice, to Attorney General, and upward mobility in this country,” Tampa url.com/j4rnnar . “Top management and Performance Chal - Bay Times , July 30, 2015, http://tinyurl.com/gq 67 “ECOSOC Resolution 2002/12: Basic prin - lenges facing the Department of Justice, 2013,” jagxe ; “Bush inaugurates faith-based prison,” The ciples on the use of restorative justice pro - Dec. 11, 2013, https://oig.justice.gov/challenges/ Associated Press, Tampa Bay Times , Dec. 25 , grammes in criminal matters,” United Nations, 2013.htm . 2003, http://tinyurl.com/hh4xtku . http://tinyurl.com/zxcnvd4 . 76 “Sexual assault, domestic violence victims 83 “manitoba proclaims first-of-its kind Restora - 68 “Restorative Justice,” United Nations Office could soon confront attackers in expansion tive Justice Act,” CBC News, Nov. 18, 2015, on Drugs and Crime, 2016, http://tinyurl.com/ of ACT restorative justice,” ABC.net, July 16, http://tinyurl.com/hg7ql3r . he2cvm3 . 2015, http://tinyurl.com/zchn6y8 ; “Justice en - 84 David R. Karp and Olivia frank, “Anxiously 69 “Rights of the victim,” European Commission, tails family sanctity,” New Straits Times Online , Awaiting the future of Restorative Justice in Nov. 6, 2015, http://tinyurl.com/q8r54mu . Dec. 18, 2015, http://tinyurl.com/gnqyytl . the United States,” Victims & Offenders , Dec. 7 , 70 vanfraechem and walgrave, op. cit. 77 Susan E. Collins, Heather S. Lonczak and 2015, p. 17, http://tinyurl.com/gqlwq4o . 71 See Elizabeth Beck, Nancy P. Kropf and Seema L. Clifasefi, “LEAD Program Evaluation: 85 John Lash, “OP-ED: Popularity of Restorative Pamela Blume Leonard, eds., Social Work & Recidivism Report,” University of washington Justice Has Its Pitfalls,” Juvenile Justice Infor - Restorative Justice (2011), http://tinyurl.com/ LEAD Evaluation Team, march 27, 2015, mation Exchange, July 18, 2014, http://tinyurl. hn4pqrb . http://tinyurl.com/gph9bad . com/hal4srq . 72 State Statute, 28 v.S.A. § 2.a., passed in 78 “Criminal Justice Section: Alternative Dispute 86 Obbie, op. cit. 2000 by the 1999 (adjourned) session of the Resolution and Restorative Justice Committee,” 87 william R. wood, “Soliciting Community In - vermont General Assembly. American Bar Association, undated, accessed volvement and Support for Restorative Justice 73 Donald J. Schmid, “Restorative Justice: A Jan. 28, 2016, http://tinyurl.com/jgonrhn . Through Community Service,” Justice Policy Re - New Paradigm for Criminal Justice Policy,” 79 Barbara mantel, “Campus Sexual Assault,” view , Sept. 5, 2013, http://tinyurl.com/jvbh2t8 . Victoria U. Wellington Law Review , 2002, CQ Researcher , Oct. 31, 2014, pp. 913-936. 88 Howard Zehr, The Little Book of Restorative http://tinyurl.com/jy2slwe ; Donald J. Schmid, 80 Rep. Robert C. Scott, D-va., Youth Promise Justice (2014), chp. 1.

www.cqresearcher.com Feb. 5, 2016 141 Bibliography Selected Sources

Books Sherman , Lawrence W. , et al. , “Are restorative justice conferences effective in reducing repeat offending? Find - Murphy , Sheila M. , and Michael P. Seng , eds., Restorative ings from a Campbell systematic review,” Journal of Justice in Practice: A Holistic Approach , Vandeplas Pub - Quantitative Criminology , March 2015 , http://tinyurl. lishing , 2015 . com/jnhla83 . A retired Illinois judge (murphy) and a John marshall Law U.K. researchers analyze 10 trials where face-to-face restorative School professor (Seng) compile essays analyzing the use of justice conferencing was used. restorative justice in various contexts. Walgrave , Lode , “Domestic terrorism: a challenge for Van Ness , Daniel W. , and Karen H. Strong , Restoring Justice: restorative justice,” Restorative Justice: An International An Introduction to Restorative Justice , LexisNexis/ Journal , 2015 , pp. 282-290 , http://tinyurl.com/h7qgmev . Anderson Publishing , 2015 . A retired criminal justice professor in Belgium contends that A vice president at Prison fellowship International (van use of restorative justice would be inappropriate in terrorism Ness) and a criminal justice reform consultant (Strong) discuss cases. the principles and potential of restorative justice. Wood , William R. , “Why Restorative Justice Will Not Van Wormer , Katherine S. , and Lorenn Walker , eds., Reduce Incarceration,” British Journal of Criminology , Restorative Justice Today: Practical Applications , SAGE Jan. 5, 2015 , http://tinyurl.com/zt8ezeg . Publications , 2013 . A criminal justice professor in Australia argues that restorative A University of Northern Iowa social work professor (van justice can neither reform the justice system nor reduce in - wormer) and a University of Hawaii Honolulu Community carceration rates. College restorative justice professor (walker) provide insights from scholars on the uses of restorative justice globally. Reports and Studies

Zehr , Howard , The Little Book of Restorative Justice: “Strengthening Restorative Justice: A Progress Report for Revised and Updated , Good Books , 2015 . the Joint Committee on Corrections,” Vermont Association A retired Eastern mennonite University restorative justice of Court Diversion Programs , et al. , March 12, 2014 , professor updates his seminal book outlining the principles http://tinyurl.com/glfvs33 . and practices of restorative justice. various court groups describe restorative justice practices in vermont communities and the state corrections system Articles and detail a model for expansion.

Daly , Kathleen , “What Is Restorative Justice? Fresh Answers Galasso , Patrick , “Restorative Justice Initiatives: An Overview,” to a Vexed Question,” Victims & Offenders , Nov. 23, 2015 , National Attorneys General Training and Research Institute , http://tinyurl.com/jv7vu96 . October 2014 , http://tinyurl.com/zu3q2pd . A criminal justice professor at Australia’s Griffith University A visiting fellow at the institute describes the history, principles defines restorative justice and proposes further study. and methods of restorative justice, provides an overview of relevant research and details criticisms and limitations of the Karp , David R. , and Olivia Frank , “Anxiously Awaiting approach. the Future of Restorative Justice in the United States,” Victims & Offenders , Dec. 7, 2015 , http://tinyurl.com/ Larsen , Jacqueline Joudo , “Restorative justice in the Aus - gqlwq4o . tralian criminal justice system,” Australian Institute of A Skidmore College sociology professor at (Karp) and one Criminology , 2014 , http://tinyurl.com/j9579co . of his students (frank) assess the possibilities for, and barriers A researcher with the government Institute of Criminology to, an expansion of restorative justice. reviews restorative justice programs in Australia.

Obbie , Mark , “ ‘They Knew It Was the Right Thing to Video Do’: The unlikely rise of restorative justice in a conser - vative upstate New York county,” Slate , Dec. 29, 2015 , Stevenson , Bryan , “ ‘TED Talk,’ Restorative Justice on the http://tinyurl.com/jlzucq7 . Rise,” Aug. 8, 2014 , http://tinyurl.com/z2czact . A reporter looks at how a small-town sheriff began one The founder and executive director of the nonprofit Equal of the first restorative justice program and at the challenges Justice Initiative discusses restorative justice and opportunities the program faces. for its expansion.

142 CQ Researcher The Next Step: Additional Articles from Current Periodicals

Community Reparation Boards Westervelt , Eric , “What If Every High School Had A ‘Justice Program’ Instead Of A Cop?” Nation Public Radio , Oct. 30, Bowen , Andrew , “Program To Keep San Diego Juveniles 2015 , http://tinyurl.com/olnotjt . Out Of Prison Could Expand,” KPBS , Dec. 14, 2015 , To reduce suspension and expulsions and end student http://tinyurl.com/jmokpk3 . fights, the Oakland Unified School District has developed A conflict mediation service in San Diego is seeking $2 million programs in which youths meet in peer-mediated circles to in public and private funds to expand a pilot program in which address conflicts. juvenile offenders meet with community members and victims to repair harms done. Victim Offender Mediation

Savidge , Nico , “South Side community court seeks healing, Davey , Melissa , “Victims face their molester in Victoria’s path around justice system,” Wisconsin State Journal , world-first restorative justice program,” The Guardian , June 3, 2015 , http://tinyurl.com/gpr4tvh . June 17, 2015 , http://tinyurl.com/ovndtt9 . A new community court program in the South District of A first-of-its-kind pilot program in victoria, Australia, will madison, wis., will allow young, low-level, first-time offenders allow sexual assault survivors to face their perpetrators in to meet with residents and victims and complete community mediated sessions, which program leaders hope will be less service or other alternatives to jail. traumatizing than drawn-out judicial proceedings.

Recidivism Dotray , Matt , “Lubbock County offering veterans alter - native to justice system,” Lubbock [Texas] Avalanche- Curtis , Abigail , “Restorative Justice celebrates 10 years in Journal , Jan. 29, 2015 , http://tinyurl.com/jfvzxyy . midcoast Maine,” Bangor [Maine] Daily News , Sept. 21, A new program in Lubbock County, Texas, will allow military 2015 , http://tinyurl.com/h8wno49 . veterans who commit misdemeanor and felony offenses to About 30 percent of the adult and juvenile offenders who meet with their victims in sessions mediated by fellow veterans; work with the maine nonprofit Restorative Justice Project of their criminal charges would be dropped upon completion the midcoast return to prison, compared with 70 to 75 percent of the program. of the rest of the state’s prisoners. Obbie , Mark , “He Killed Her Daughter. She Forgave Estus , Joaqlin , “Murkowski hears testimony on the state’s Him,” Slate , June 30, 2015 , http://tinyurl.com/zl23h8g . growing prison population,” Alaska Public Radio Network , A Texas woman whose daughter was killed by two juveniles Aug. 21, 2015 , http://tinyurl.com/hkztt4x . says she began to study restorative justice after observing Alaska state Sen. John Coghill, who has proposed legislation peers’ vengeful attitudes in a victim support group and even - to divert misdemeanor offenders from prisons to tribal courts tually met and forgave one of her daughter’s killers. with restorative practices, said such a measure could reduce recidivism, particularly among Alaskan Natives. CITING CQ RESEARCHER School Programs Sample formats for citing these reports in a bibliography Duvall , Tessa , “School restorative justice program allows include the ones listed below. Preferred styles and formats peers to support, hold one another accountable,” The vary, so please check with your instructor or professor. Florida Times-Union , Nov. 24, 2015 , http://tinyurl.com/ jnh3hrb . mLA STYLE A Jacksonville, fla., school district created adult-led support Jost, Kenneth. “Remembering 9/11.” CQ Researcher 2 Sept. circles and other restorative justice options to encourage mis - 2011: 701-732. behaving students to discuss their issues and take responsibility for their actions. APA S TYLE Jost, K. (2011, September 2). Remembering 9/11. CQ Researcher, Quinn , Ryan , “Funding denied for proposed juvenile program at J.E. Robins building,” Charleston [W. Va.] 9, 701-732. Gazette-Mail , Jan. 15, 2016 , http://tinyurl.com/zn6kfu5 . west virginia’s Department of Health and Human Resources CHICAGO STYLE denied grant funding for a restorative juvenile justice program Jost, Kenneth. “Remembering 9/11.” CQ Researcher , September proposed by a former NfL player for schools in Kanawha County, 2, 2011, 701-32. w.va., because of concerns about its budget and timeline.

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