Description

The fundamental premise of the Restorative Justice methodology in criminal justice is to understand crime as a violation of people and relationships, not just a violation of the law.
In accordance with the principle of specialty that governs juvenile criminal issues, the Restorative Justice model applied to the treatment of cases involving young people in conflict with the law understands that the judicialization of conflicts of this nature should be oriented toward accompanying and providing spaces for reflection and accountability that allow young people to face life projects other than crime.
To achieve this goal, the model aims to raise their awareness of the damage caused by their behavior, to voluntarily carry out reparation actions for the victims and the community in order to help re-establish the relationships affected by the conflict, and, lastly, to comply with a program that will help them reintegrate into society.
Restorative Justice models can be grouped into three broad categories: peacemaking circles, family conferencing, and victim-offender mediation.
Victim-offender mediation (also called a Restorative Justice meeting) consists of a face-to-face meeting between the offender (who may or may not be incarcerated) and the victim of a crime, with the voluntary consent of both parties. The meeting, or a series of meetings, is mediated by a facilitator with the aim of discussing the situation, its consequences, and a possible reparation agreement in favor of the victim coupled with an apology from the offender, seeking material and psychological reparation for the crime that occurred.
The Family Group Conference is a technique used to refer cases in general and juvenile cases in particular, and involves the community that is most affected by the crime when deciding how to resolve a criminal act.
Finally, restorative circles (or peacemaking circles) are circular meetings involving people directly related to the conflict, a facilitator, and other people who have an interest or who can help resolve the conflict (family, teacher, staff, community members, etc.).

Country of application
  • Australia
  • United States
  • Netherlands
Evidence

The Crime Solutions platform evaluated the impact of 110 Restorative Justice programs aimed at young people. This type of intervention was classified as promising in terms of reducing recidivism, and it was considered to increase the perception of justice by victims while favoring “restoration” and reparation by young offenders [1][2][3].
According to other systematic reviews, Restorative Justice and conflict mediation programs are effective to reduce criminal recidivism involving young people and adolescents in conflict with the law [4][5].
A meta-analysis evaluated 15 studies involving 9,172 young people at 21 service points in the United States with robust methods and analyzed the impact of this type of program on recidivism [4]. The effect of the intervention was evaluated as moderate, which is positive in comparison with the known effects of traditional justice programs.

Bibliography

[1] Livingstone, N., Macdonald, G. y Carr, N. (2013). Restorative justice conferencing for reducing recidivism in young offenders (aged 7 to 21). The Cochrane Database of Systematic Reviews(2), CD008898. https://doi.org/10.1002/14651858.CD008898.pub2

[2] Wong, J. S., Bouchard, J., Gravel, J., Bouchard, M. y Morselli, C. (2016). Can At-Risk Youth Be Diverted From Crime? Criminal Justice and Behavior, 43(10), 1310–1329. https://doi.org/10.1177/0093854816640835

[3] Wilson, D. B., Olaghere, A. y Kimbrell, C. S. (2017). Effectiveness of Restorative Justice Principles in Juvenile Justice: A Meta- Analysis. Fairfax, Virginia. George Mason University. https://www.ojp.gov/pdffiles1/ojjdp/grants/250872.pdf

[4] Bradshaw, W., Roseborough, D. y Umbreit, M. S. (2006). The effect of victim offender mediation on juvenile offender recidivism: A meta-analysis. Conflict Resolution Quarterly, 24(1), 87–98. https://doi.org/10.1002/crq.159

[5] Nugent, W. R., Williams, M. y Umbreit, M. S. (2004). Participation in Victim-Offender Mediation and the Prevalence of Subsequent Delinquent Behavior: A Meta-Analysis. Research on Social Work Practice, 14(6), 408–416. https://doi.org/10.1177/1049731504265831

Evaluated cases

Juvenile Restorative Justice Program (Midwest County)

Effectiveness:

Promising

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Promising
Country:

Family Group Conferencing in Child Welfare (Netherlands)

Indianapolis Family Group Conferencing Experiment

Effectiveness:

Promising

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Promising
Problem type:
Country:

Minneapolis Center for Victim-Offender Mediation

Reintegrative Shaming Experiments (RISE) (Canberra)

Reintegrative Shaming Experiments (RISE)

Why might the cases evaluated have different levels of effectiveness in relation to their respective type of solution?
Click here to understand why.

Some cases were not included in the evidence bank due to deficiencies detected in the methodology of their impact evaluations.
Click here to see the list

 

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