This ground-breaking collection dares to take the next step in the advancement of an autonomous, inter-disciplinary restorative justice field of study. It brings together criminology, social psychology, legal theory, neuroscience, affect-script psychology, sociology, forensic mental health, political sciences, psychology and positive psychology to articulate for the first time a psychological concept of restorative justice. To this end, the book studies the power structures of the restorative justice movement, the very psychology, motivations and emotions of the practitioners who implement it as well as the drivers of its theoreticians and researchers. Furthermore, it examines the strengths and weakness of our own societies and the communities that are called to participate as parties in restorative justice. Their own biases, hunger for power and control, fears and hopes are investigated. The psychology and dynamics between those it aims to reach as well as those who are funding it, including policy makers and politicians, are looked into. All these questions lead to creating an understanding of the psychology of restorative justice. The book is essential reading for academics, researchers, policymakers, practitioners and campaigners.
"Restorative justice theory has largely failed to keep pace with the rapid expansion of restorative practices worldwide – indeed, it is remarkable how much support RJ has when so few advocates can even define what it is. As such, this insightful and comprehensive new contribution from two of the top scholars on the frontlines of restorative justice research is hugely welcome." Professor Shadd Maruna, Centre for Criminology and Criminal Justice, University of Manchester "Reimagining Restorative Justice is a reflective and balanced reconsideration of restorative justice. It deftly sweeps across the large literature on the subject, putting it in perspective, seeing anew through its wide-angle lens. Empowerment and accountability provide a fertile framework for this richly reimagined justice." Professor John Braithwaite, Australian National University "David O'Mahony and Jonathan Doak have made a significant contribution to the confusing and over-complicated field of restorative justice theory. They do so through their use of empowerment theory to bring conceptual and operational clarity to the concepts of agency and accountability in restorative processes and outcomes. As a result they develop a convincing argument for face to face dialogue between victim and perpetrator within the core of the criminal justice system. Their emphasis upon ethical and skilful practice is a welcome riposte to the rapid spread of 'restorative justice lite' driven by managerialism and the need to cut costs." Tim Chapman, Lecturer at the University of Ulster. "O'Mahony and Doak convincingly argue that rapid developments in the practice of restorative interventions have outstripped restorative justice theory. They provide both an outstandingly helpful review of the literature and a fresh theoretical approach based on empowerment theory. Everyone seriously interested in restorative justice will want to reflect carefully on the authors' conclusions." Anthony Bottoms, Emeritus Wolfson Professor of Criminology at the University of Cambridge. In recent years, restorative-based interventions have expanded rapidly and are increasingly viewed as a legitimate, and even superior means of delivering justice. The result of this swift but piecemeal development has been that restorative justice practice has outpaced the development of restorative justice theory. This book takes up this challenge by 'reimagining' a new framework for the operation of restorative justice within criminal justice. In essence, it is contended that the core empowering values of 'agency' and 'accountability' provide a lens for reimagining how restorative justice works and the normative goals it ought to encompass.
The Power of Restorative Justice Dialogues Between Victims and Violent Offenders
Author: Susan L. Miller
Publisher: NYU Press
2012 Winner of the Outstanding Book Award presented by the Academy of Criminal Justice Sciences Outstanding Academic Title from 2011 by Choice Magazine Too often, the criminal justice system silences victims, which leaves them frustrated, angry, and with many unanswered questions. Despite their rage and pain, many victims want the opportunity to confront their offenders and find resolution. After the Crime explores a victim-offender dialogue program that offers victims of severe violence an opportunity to meet face-to-face with their incarcerated offenders. Using rich in-depth interview data, the book follows the harrowing stories of crimes of stranger rape, domestic violence, marital rape, incest, child sexual abuse, murder, and drunk driving, ultimately moving beyond story-telling to provide an accessible scholarly analysis of restorative justice. Susan Miller argues that the program has significantly helped the victims who chose to face their offenders in very concrete, transformative ways. Likewise, the offenders have also experienced positive changes in their lives in terms of creating greater accountability and greater victim empathy. After the Crime explores their transformative experiences with restorative justice, vividly illustrating how one program has worked in conjunction with the criminal justice system in order to strengthen victim empowerment.
A study examines the harmful gap between the theory of restorative justice (RJ) and its application in programs in the U.S., Europe, and elsewhere. Data were obtained from four surveys of restorative justice practitioners, using a combination of qualitative methodologies, including questionnaire responses, interviews and focus groups.
This up-to-date resource on restorative justice theory and practice is the literature’s most comprehensive and authoritative review of original research in new and contested areas. Bringing together contributors from across a range of jurisdictions, disciplines and legal traditions, this edited collection provides a concise, but critical review of existing theory and practice in restorative justice. Authors identify key developments, theoretical arguments and new empirical evidence, evaluating their merits and demerits, before turning the reader’s attention to further concerns informing and improving the future of restorative justice. Divided into four parts, the Handbook includes papers written by leading scholars on new theory, empirical evidence of implementation, critiques and the future of restorative justice. This companion is essential reading for scholars of restorative justice, criminology, social theory, psychology, law, human rights and criminal justice, as well as researchers, policymakers, practitioners and campaigners from around the world.
In the UK and elsewhere, restorative justice and policing are core components of a range of university programmes; however, currently no such text exists on the intersection of these two areas of study. This book draws together these diverse theoretical perspectives to provide an innovative, knowledge-rich text that is essential reading for all those engaged with the evolution and practice of restorative policing. Restorative Policing surveys the twenty-five year history of restorative policing practice, during which its use and influence over criminal justice has slowly grown. It then situates this experience within a criminological discussion about neo-liberal responses to crime control. There has been insufficient debate about how the concepts of ‘restorative justice’ and ‘policing’ sit alongside each other and how they may be connected or disconnected in theoretical and conceptual terms. The book seeks to fill this gap through an exploration of concepts, theory, policy and practice. In doing so, the authors make a case for a more transformative vision of restorative policing that can impact positively upon the shape and practice of policing and outline a framework for the implementation of such a strategy. This pathbreaking book will be of interest to undergraduate and postgraduate students taking courses on restorative justice, policing and crime control, as well as professionals interested in the implementation of restorative practices in the police force.
A Story of Healing and Redemption After Wrongful Conviction
Author: Lara Bazelon
At the age of seventeen, Thomas Haynesworth was arrested on multiple rape charges in Virginia. Despite his pleas of innocence, five rape victims, including 20 year-old Janet Burke, ID'ed him as the offender. Only after over two decades of legal wrangling was he exonerated by DNA evidence. Conventional wisdom points to an exoneration as a happy ending to tragic tales of injustice like Haynesworth's. However, even when the physical shackles are left behind, invisible ones can be profoundly more difficult to unlock. In Rectify,former innocence project director and journalist Lara Bazelon takes stock of the massive damage inflicted by wrongful convictions. Despite a record 375 exonerations in the last three years, Bazelon argues that the criminal justice system has not done enough to rectify the devastation left in their wake--the suffering experienced by not only the exoneree, but their families, the crime victims who mistakenly identified them as perpetrators, the jurors who convicted them, and the prosecutors who realized too late that they helped convict an innocent person. In the midst of her frustration over the blatant limitations of courts and advocates, Bazelon's hope is renewed by the fledgling but growing movement to apply the centuries-old practice of restorative justice to wrongful conviction cases. Using the stories of Thomas Haynesworth, Janet Burke, and other crime victims and exonerees, she demonstrates how the transformative experience of connecting isolated individuals around mutual trauma and a shared purpose of repairing harm unites unlikely allies in the common cause of just reparations. Poignantly written and vigorously researched, Bazelon takes to task the far-reaching failures of our criminal justice system, and offers a window into a future where the power it yields can be used in pursuit of healing and unity rather than punishment and blame.
How Affect Script Psychology Explains How and Why Restorative Practice Works
Author: Vernon Kelly,Margaret Thorsborne
Publisher: Jessica Kingsley Publishers
Category: Social Science
How and why does restorative practice (RP) work? This book presents the biological theory, affect script psychology (ASP), behind RP, and shows how it works in practice in different settings. ASP explains how the central nervous system triggers 'affects' which are the basis of all human motivation and emotion. The book presents a clear explanation of what ASP is, how it relates to RP, and how ASP helps practitioners to understand relationships, emotions and dynamics in their work. The chapters are based around case studies which demonstrate RP in criminal justice, organizational and education settings. They show how theory links to practice, and how having a deep understanding of the theory has helped practitioners to be successful in their work. Providing an accessible explanation of how RP works, this book will be invaluable to all RP practitioners in any setting, as well as RP students and academics.
Sexual violence, in all its forms, is a crime for which anecdotal accounts and scholarly reports suggest victims in their great majority do not receive adequate ‘justice’ or redress. The theory and practice of restorative justice is rapidly developing and offers some well-argued new avenues for dealings with crime in general. It has the potential to be extended to cases of sexual violence and a number of small scale programmes are already underway across the world. Restorative Responses to Sexual Violence examines this innovative justice paradigm in more depth in the particular context of sexual trauma and violence in order to establish the empirical realities of restorative justice approaches in cases of sexual violence, and considers how such approaches could be developed adequately in the future. This book is divided into two parts, each representing a key area of research and practice: theoretical and conceptual frameworks, and justice and therapeutic perspectives. This international collection brings together leading expert scholars and practitioners to offer both theoretical and practical perspectives on restorative justice and sexual violence. This book will be of interest to researchers in the field of law, criminology, psychology, social science, social work and psychotherapy, as well as practitioners in the fields of criminal justice, restorative justice and sex offender and victim trauma therapies.
An Interdisciplinary Dialogue with Two Gospel Parables on Law, Crime, and Restorative Justice
Author: Christopher D. Marshall
Publisher: Wipf and Stock Publishers
Two parables that have become firmly lodged in popular consciousness and affection are the parable of the Good Samaritan and the parable of the Prodigal Son. These simple but subversive tales have had a significant impact historically on shaping the spiritual, aesthetic, moral, and legal traditions of Western civilization, and their capacity to inform debate on a wide range of moral and social issues remains as potent today as ever. Noting that both stories deal with episodes of serious interpersonal offending, and both recount restorative responses on the part of the leading characters, Compassionate Justice draws on the insights of restorative justice theory, legal philosophy, and social psychology to offer a fresh reading of these two great parables. It also provides a compelling analysis of how the priorities commended by the parables are pertinent to the criminal justice system today. The parables teach that the conscientious cultivation of compassion is essential to achieving true justice. Restorative justice strategies, this book argues, provide a promising and practical means of attaining to this goal of reconciling justice with compassion.
Justice is everyone's concern. It plays a critical role in organizational success and promotes the quality of employees' working lives. For these reasons, understanding the nature of justice has become a prominent goal among scholars of organizational behavior. As research in organizational justice has proliferated, a need has emerged for scholars to integrate literature across disciplines. Offering the most thorough discussion of organizational justice currently available, The Oxford Handbook of Justice in the Workplace provides a comprehensive review of empirical and conceptual research addressing this vital topic. Reflecting this dynamic and expanding area of research, chapters provide cutting-edge reviews of selection, performance management, conflict resolution, diversity management, organizational climate, and other topics integral for promoting organizational success. Additionally, the book explores major conceptual issues such as interpersonal interaction, emotion, the structure of justice, the motivation for fairness, and cross-cultural considerations in fairness perceptions. The reader will find thorough discussions of legal issues, philosophical concerns, and human decision-making, all of which make this the standard reference book for both established scholars and emerging researchers.
It is no secret that America's sentencing and corrections systems are in crisis, and neither system can be understood or repaired fully without careful consideration of the other. This handbook examines the intertwined and multi-layered fields of American sentencing and corrections from global and historical viewpoints, from theoretical and policy perspectives, and with close attention to many problem-specific arenas. Editors Joan Petersilia and Kevin R. Reitz, both leaders in their respective fields, bring together a group of preeminent scholars to present state-of-the art research, investigate current practices, and explore the implications of new and varied approaches wherever possible. The handbook's contributors bridge the gap between research and policy across a range of topics including an overview of mass incarceration and its collateral effects, explorations of sentencing theories and their applications, analyses of the full spectrum of correctional options, and first-hand accounts of life inside of and outside of prison. Individual chapters reflect expertise and source materials from multiple fields including criminology, law, sociology, psychology, public policy, economics, political science, and history. Proving that the problems of sentencing and corrections, writ large, cannot be addressed effectively or comprehensively within the confines of any one discipline, The Oxford Handbook of Sentencing and Corrections is a vital reference volume on these two related and central components of America's ongoing experiment in mass incarceration.
Dyadic Forgiveness and Energy Shifts in Restorative Justice Dialogue
Author: Marilyn Armour,Mark S. Umbreit
Publisher: Jessica Kingsley Publishers
Category: Social Science
A groundbreaking book founded on extensive original research, designed to determine how restorative dialogue works, and the role of forgiveness within it. The research involved interviews with 20 victims who went through a Victim Offender Dialogue (used in crimes of severe violence), and documents how the shifts in energy during the course of their dialogue moves the toxicity associated with the crime to a different place. This study explores the role of bilateral forgiveness in restorative work and addresses key questions about the role of forgiveness in restorative justice, such as how it can be measured. It also outlines a model which explains how the energy flow of dyadic forgiveness in restorative justice dialogue is formed. Rich in data and in findings, this book will deepen understanding of how restorative justice works, and will inform future research and practice in the field.
The project of interpreting contemporary forms of punishment means exploring the social, political, economic, and historical conditions in the society in which those forms arise. The SAGE Handbook of Punishment and Society draws together this disparate and expansive field of punishment and society into one compelling new volume. Headed by two of the leading scholars in the field, Jonathan Simon and Richard Sparks have crafted a comprehensive and definitive resource that illuminates some of the key themes in this complex area - from historical and prospective issues to penal trends and related contributions through theory, literature and philosophy. Incorporating a stellar and international line-up of contributors the book addresses issues such as: capital punishment, the civilising process, gender, diversity, inequality, power, human rights and neoliberalism. This engaging, vibrantly written collection will be captivating reading for academics and researchers in criminology, penology, criminal justice, sociology, cultural studies, philosophy and politics.
William K. Roche,Paul Teague,Alexander J. S. Colvin
Author: William K. Roche,Paul Teague,Alexander J. S. Colvin
Publisher: OUP Oxford
Category: Business & Economics
New ways of managing conflict are increasingly important features of work and employment in organizations. In the book the world's leading scholars in the field examine a range of innovative alternative dispute resolution (ADR) practices, drawing on international research and scholarship and covering both case studies of major exemplars and developments in countries in different parts of the global economy. Developments in the management of individual and collective conflict at work are addressed, as are innovations in both unionized and non-union organizations and in the private and public sectors. New practices for managing conflict in organizations are set in the context of trends in workplace conflict and perspectives on how conflict should be understood and addressed. Part 1 examines the changing context of conflict management by addressing the main frameworks for understanding conflict management, the trend in conflict at work, developments in employment rights, and the influence of HRM on conflict management. Part 2 covers the main approaches to conflict management in organizations, addressing both conventional and alternative approaches to conflict resolution. Conventional grievance handling and third-party processes in conflict resolution are examined as well as the main ADR practices, including conflict management in non-union firms, the role of the organizational ombudsman, mediation, interest-based bargaining, line and supervisory management, and the concept of conflict management systems. Part 3 presents case studies of exemplars and innovators in the field, covering mediation in the US postal service, interest-based bargaining at Kaiser-Permanente, 'med-arb' in the New Zealand Police, and judicial mediation in UK employment tribunals. Part 4 covers international developments in conflict management in Germany, Japan, The United States, Australia, New Zealand, the United Kingdom and China. This Handbook gives a comprehensive overview of this growing field, which has seen an huge increase in programmes of study in university business and law schools and in executive education programmes.
What should we do with teenagers who commit crimes? In this book, two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development. Although adolescents are not children, they are also not fully responsible adults.
The school-to-prison pipeline is often the path for marginalized students, particularly black males, who are three times as likely to be suspended as White students. This volume provides an ethnographic portrait of how educators can implement restorative justice to build positive school cultures and address disciplinary problems in a more corrective and less punitive manner. Looking at the school-to-prison pipeline in a historical context, it analyzes current issues facing schools and communities and ways that restorative justice can improve behavior and academic achievement. By practicing a critical restorative justice, educators can reduce the domino effect between suspension and incarceration and foster a more inclusive school climate.
There has been a significant increase in the focus on sex offending in recent years in both the academic and public spheres. From heightened media attention on sex crimes to new waves of legislation aimed at crime prevention, issues related to sexual assault, harassment, and sexual violence have become a top priority in the Western countries. The Oxford Handbook on Sex Offenses and Sex Offenders provides comprehensive, even-handed analysis of the myriad of topics related to sex offenses, including pornography, sex trafficking, criminal justice responses, and the role of social media in sex crimes. Extending beyond the existing scholarly research on the topic, this volume teases out the key debates, controversies, and challenges involved in addressing sex crimes. While most discourse regarding sex offenders either involves prevention and control or, conversely, potential treatment options, this Handbook delves into the psychological, historical, and social contexts related to sex offenses, providing a more holistic view of the topic. The definitive volume on sex crimes and sex offenders, The Oxford Handbook on Sex Offenses and Sex Offenders makes an invaluable contribution to criminological literature.
A positive model for restorative discipline The authors provide a research-based and field-tested model that gives school leaders more productive alternatives to punishment, exclusion, and out-of-school suspension. This positive program helps improve behavior and keep students in school. This guide’s model covers school-wide prevention, restoration, and intervention needs for students with emotional, behavioral, and conduct disorders (such as bullying) as well as developmental disabilities and autism. Key topics include: The latest research on the effectiveness of restorative discipline How to implement a comprehensive, school-wide discipline plan Ways to support and sustain the plan with teacher teams Networking with community services such as child protection, child welfare, juvenile justice, and mental health professionals