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INDEPENDENT ACADEMIC RESEARCH STUDIES Ministry of Justice Seminars Restorative Justice Theory & Practice – 25 October 2011 Dr. Theo Gavrielides, Founder.

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Presentation on theme: "INDEPENDENT ACADEMIC RESEARCH STUDIES Ministry of Justice Seminars Restorative Justice Theory & Practice – 25 October 2011 Dr. Theo Gavrielides, Founder."— Presentation transcript:

1 INDEPENDENT ACADEMIC RESEARCH STUDIES Ministry of Justice Seminars Restorative Justice Theory & Practice – 25 October 2011 Dr. Theo Gavrielides, Founder & Director

2 Content What is restorative justice? Restorative justice in the UK The theory of restorative justice Restorative justice: the good news Restorative justice: the bad news Moving forward Further Reading Discussion, Q&A 01

3 What is restorative justice? Restorative Justice is “an ethos with practical goals, among which is to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue” (Gavrielides 2007: 139). Restorative Justice Practices: Mediation (direct-indirect) Family Group Conferencing Healing & Sentencing Circles Community Restorative Boards It does NOT include Victim Support Schemes (e.g. VIS, compensation, community service) YOTs, YOPs, caution 02

4 Mediation: a classification for the CJS 03

5 Restorative justice in the UK first victim-offender mediation (BACRO) RJ in the youth justice system (CDA 1998 &YJCEA 1999) RJ in the CJS – in the shadow of the law RJ - Community driven/ “bottom-up structure & delivery” England & Wales - emphasis on diversion Northern Ireland – emphasis on prevention Scotland – emphasis on rehabilitation & prevention International Obligations EU Recommendations EU Directives Council of Europe Recommendations United Nations Principles & Recommendations

6 Restorative justice theory 1970s: Eglash, Barnett, Christie – Abolitionists, alternative paradigm, “conflicts as property” 1980s: Zehr – “Changing Lenses”, Braithwaite – “Reintegrative shaming”, “Responsive Regulation” 1990s – Fatic – “A social theory of trust”, Duff – “Communicative theory”, Daly “Alternative punishment” 2000s – Gavrielides “Restorative Punishment”, Johnstone – alternative model, Van Ness – forgiveness. Communitarian/ Liberal Schools of Thought Ethos – theory of life/ justice theory/ CJ theory 05

7 Restorative justice theory: key principles Respect and dignity Equality & diversity Rule of law, fairness, proportionality and due process Involvement in decision making and empowerment Reparation and restoration Brotherhood and solidarity Voluntariness Confidentiality Freedom from fear 06

8 Restorative Justice: the good news  Victim satisfaction  Victim monetary/ material compensation  Victim non-material compensation (apology, healing)  Reduction of re-offending (recidivism)  Offender satisfaction  Community impact 06

9 Cost-benefit analysis “RJ can deliver cost savings of up to £9 for every £1 spent” (Shapland et al 2008). “If RJ were offered to all victims of burglary, robbery and violence against the person where the offender had pleaded guilty (which would amount to around 75,000 victims), the cost savings to the criminal justice system - as a result of a reduction in reconviction rates - would amount to at least £185 million over two years” (Victim Support 2010) “RJ practices would likely lead to a net benefit of over £1billion over ten years” (Matrix Evidence 2009). According to the 2010 House of Commons cross party Justice Committee, in the average cost of a prison place for one adult was £39,000. Jailing one young offender costs as much as £140,000 per year (£100,000 in direct costs and £40,000 in indirect costs once they are released) 07

10 Restorative justice: the bad news Conceptual conflicts Consistency & longevity Training & Accreditation Funding Evaluation & monitoring Watering down the core principles A developing gap between theory and practice 08

11 Cost-benefit analysis: warning House of Commons Justice Committee “We have grave concerns about the impact of efficiency savings on practice at the frontline for both prisons and probation, which will undoubtedly undermine the progress in performance of both services. Neither prisons nor probation have the capacity to keep up with the current levels of offenders entering the system. It is not sustainable to finance the costs of running additional prison places and greater probation caseloads from efficiency savings in the long-term” (2010: 10). 9

12 Current opportunities? “The big society” Emphasis on locality & community led solutions to crime “Breaking the cycle” Youth Justice reform Prison reform 10

13 How can IARS help? Current Projects Restorative Justice and the Secure Estate: Alternatives for Young People (report & 1 December conference) Restorative Justice Theory & Practice: Addressing the Discrepancy, Helsinki: HEUNI A pan-European Strategy for Restorative Justice Project Rights & Restoration within Youth Justice, Canada: de Sitter Publications Drawing together research, policy and practice for restorative justice project More information: 11

14 Further reading Barnett, R. (1977) 'Restitution: A New Paradigm of Criminal Justice', Ethics: An International Journal of Social, Political, and Legal Philosophy 87(4), Braithwaite, J. (1997) Crime, Shame and Reintegration, Cambridge: Cambridge University Press. Braithwaite, J. (2002) Restorative Justice & Responsive Regulation, Oxford: Oxford University Press. Christie, N. (1977) 'Conflicts as Property', British Journal of Criminology 17(1), Daly, K. (2000) 'Revisiting the Relationship between Retributive and RJ', in H. Strang and J. Braithwaite (eds) RJ: Philosophy to Practice, Aldershot, USA, Singapore, Sydney: Ashgate/Dartmouth. Gavrielides, T. (2012) Rights and Restoration within youth justice, de Sitter Publications: Canada. Gavrielides, T. (2007) Restorative Justice Theory and Practice: Addressing the Discrepancy, HEUNI: Helsinki.Gavrielides, T. (2007) Restorative Justice Theory and Practice: Addressing the Discrepancy, HEUNI: Helsinki Gavrielides, T. (2011). “Restorative Practices: From the Early Societies to the 1970s”. Internet Journal of Criminology ISSN (Online).Internet Journal of Criminology ISSN (Online). Gavrielides, T. (2011). Restorative Justice and the Secure Estate: Alternatives for Young People, IARS: London.Gavrielides, T. (2011). Restorative Justice and the Secure Estate: Alternatives for Young People, IARS: London. Gavrielides, T. (2011). “Restorative Practices & Hate Crime: Opening up the debate”. 14:4 Temida.14:4 Temida. Gavrielides, T. (2008) “Restorative justice: the perplexing concept. Conceptual fault lines and power battles within the restorative justice movement” 8:2 Criminology and Criminal Justice Journal, Gavrielides T. and D. Coker (2005) “Restoring Faith: Resolving the Catholic Church’s Sexual Sca,ndals through Restorative Justice: Working Paper I”, 8:4 Contemporary Justice Review, pp Gavrielides, T. (2004) “Global Restorative Justice: Averting the Middle Age Crisis. Looking into the Discrepancy Between the Restorative Theory and Practice”, 4:2 International Journal of Comparative Criminology, pp Gavrielides, T. (2003) “Restorative Justice: Are we there yet? Responding to the Home Office’s Consultation Questions”, 14:4 Criminal Law Forum, pp Johnstone, G. (2001) RJ: Ideas, practices, debates, Devon: Willan. Zehr, H. (1990) Changing Lenses: A New Focus for Crime and Justice, Scottdale, Pennsylvania Waterloo, Ontario: Herald Press. 12

15 Questions & Contact details Dr. Theo Gavrielides Founder & Director, IARS 159 Clapham Road, London SW9 0PU, UK Dr. Gavrielides is also a Visiting Professorial Research Fellow at Panteion University, a Visiting Senior Research Fellow at Open University and a Visiting Scholar at Mount Royal University 13


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