Why restorative justice needs research Martin Wright.

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Presentation transcript:

Why restorative justice needs research Martin Wright

How to reduce crimes and other harms Schools: Zöld Kakas liceum, Hungary Hull, England Fresno, California

‘Discipline that restores’ (Ron & Roxanne Claassen, 2008) Constructive reminders Active listening Four options Impose solution, arbitrator, mediator, agree between ourselves ‘Thinkery’ Family conference School authority structure

How to respond when crimes are committed? What happened? Who was affected? What is needed to put it right? Who should do it? How can members of the community be involved? What would make it less likely to happen again?

How well are we doing? Structure Process Outcome

Structure Researchers’ role in system design Prevention Community participation Supporters, NGOs, volunteer mediators Diversion Public accountability

Process Support for victims when offender not caught Process criteria % of victims contacted % of victims agreeing to mediation % of cases leading to mediation/conference % of cases enabling victim and offender to meet

Reparation Apology Community work Rehabilitative programme Need to make sure they are available

Points for review Supporters for victim and offender (lawyers?) Follow-up, monitoring and feedback Practice review National body Quality of mediation Refreshments

Outcome % completion Enforcement: in a restorative way? Victim satisfaction Reconvictions Cost savings (transfer from prisons to RJ?)

Crime reduction Learning from R J From peacemaking to peacebuilding: Zwelethemba (South Africa)

Three final points (1) arrangements to enable offenders to make reparation? (2) regularly discuss circumstances, to see how pressures towards crime can be reduced? (3) how can money saved on prisons be transferred to non-custodial measures?

Guidelines Council of Europe. Committee of Ministers. (1999) Recommendation No. R (99) 19 … to member states concerning mediation in penal matters. Reprinted in I Aertsen et al., Rebuilding community connections: mediation and restorative justice in Europe. Strasbourg: Council of Europe.

Council of Europe, European Commission for the Efficiency of Justice (CEPEJ) (2007) Guidelines for a Better Implementation of the Existing Recommendation Concerning Mediation in Penal Matters, CEPEJ(2007) 13PROV2, Strasbourg: Council of Europe.

United Nations Office on Drugs and Crime (2002) Basic principles on the use of restorative justice programmes in criminal matters. Reprinted in UN ODC (2006) Handbook on restorative justice programmes. New York: United Nations.

Restorative Justice Consortium (2004) Principles of restorative processes. London: the Consortium Voluntary Code of Practice for Trainers and Training Organisations of Restorative Practices Facilitator Training and Complaints Procedure Statement of Restorative Justice Principles as applied in a school setting. 2nd Edition, 2005.