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Understanding and Applying Restorative Justice

Critical Readings on Why it’s Needed and How it’s Practiced

First Edition

Ernest QuimbyHoward University

S A N D I E G O

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Contents

Preface vii

Introduction ix

A Brief Note to Students xi

Unit I. Introduction 1

Chapter 1. Visualizing Restorative Justice 3Ernest Quimby

Chapter 2. A Brief History of Restorative Justice: The Development of a New Pattern of Thinking 15Daniel W. Van Ness and Karen Heetderks Strong

Unit II. Restorative Justice’s Essence and Value 37

Chapter 3. Restorative Justice 39Thom Brooks

Chapter 4. The Meaning of Restorative Justice 83Gerry Johnstone and Daniel W. Van Ness

Chapter 5. Restorative Processes 105Barbara E. Raye and Ann Warner Roberts

Unit III. Practicing Restorative Justice in Criminal Justice Settings 123

Chapter 6. Restorative Justice for Crime Victims: The Promise, the Challenge 125Mary Achilles and Howard Zehr

vi P Contents

Chapter 7. Policing and Restorative Justice 137Carolyn Hoyle

Chapter 8. Guiding Principles for Designing Peacemaking Circles 159Barry Stuart

Unit IV. Using Restorative Justice in Educational Settings 181

Chapter 9. Restorative Justice from Theory to Practice 183Andrea Goldblum

Chapter 10. Schools and Restorative Justice 197Brenda Morrison

Chapter 11. Restorative Practices: From Candy and Punishment to Celebrations and Problem-Solving Circles 225Patrice H. Goldys

Unit V. Community Uses of Restorative Justice 235

Chapter 12. Toward Restorative and Community Justice 237Michael Braswell, John Fuller and Bo Lozoff

Unit VI. Conclusion 251

Chapter 13. Making Restorative Justice Happen 253Daniel W. Van Ness and Karen Heetderks Strong

Chapter 14. What Now? 267Ernest Quimby

Conclusion 285

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A s a sociology professor, i realize that students and faculty (including myself) need clear and comprehensive reasons and sources for using restorative justice. This book

provides critically insightful information and feelings about why and how we can respond to wrongdoings (harms/offenses) committed by others and ourselves. It also supports col-leagues encountering what seems to be a new paradigm to them. Finally, it offers accessible resources for practitioners to organize and reflect on their own work.

Major differences between restorative justice and criminal justice are described and ana-lyzed with numerous and constant examples. Restorative values, principles, concepts, and practices are the main issues. Topics range from origins of restorative justice to authentic applications. Criminal, juvenile justice, and school settings are emphasized. Realistic prac-tices are described, such as victim–offender mediation/dialogue, circles, and family group conferencing.

This anthology is edited from the perspectives of engagement and critical pedagogy. It is rooted in ways of helping people’s capacity and struggles for belonging, acceptance, and equity. The book includes the following fundamental assumptions: correctional systems do not “correct”; they intensify victimization and violations; responses to wrongdoings depend on values; and restorative practices can heal and improve relationships damaged by wrong-doing. My text advocates an approach that links theory with action.

Units and chapters are selected for their conceptual and practical value. They explain essential issues of restorative justice’s meanings and significance, and application meth-ods in real-life situations. Readings are clear, direct, and approachable. Unlike some books

Preface

viii P Understanding and Applying Restorative Justice

that cover similar content, this one is not a flag-waver. Yes, it’s definitely for advocacy. However, my approach is consistent reasoning and reflecting by journeying and discovering.

Readers will emerge well-rounded in understanding and applying restorative alternatives to punishment and vengeance. They will be steeped in restorative consciousness and schooled for restorative justice.

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T he book’s primary readers are liberal arts students and the general public. Readers will appreciate why and how restorative justice’s values, aims, concepts, principles,

and practices help individuals, groups, and institutions effectively respond to wrongdoing (offending). Descriptions of methods and programs are extensively provided, with clear examples and explanations.

Some texts are too academically general. However, mine connects theory and practice, especially as they impact people of color. It describes useful information, offers reflections, and helps readers develop and practice restorative consciousness. Readers will be prepared to:

• Demonstrate why and how restorative justice is a different way of thinking about and responding to wrongdoing

• Assess main strengths and limitations of key restorative principles, concepts, and practices

• Offer resolutions to restorative shortcomings

Introductions to units and chapters are special features of the text. They help readers anticipate the contents and reflect on what has been read. Units and chapters are organized around useful information about critical advocacy and use. Contents are arranged to demon-strate the value of alternatives to punishment-only responses to offending in criminal and noncriminal settings. Details illustrate local, national, and international aspects. Units cover specifics about restorative approaches. Chapters explain theoretical and practical foundations of restorative justice. These features enhance critical reading comprehension. Each chapter has sets of pre-reading (guiding) and post-reading questions. They help readers to engage

Introduction

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with the material. Each set permits readers to seek and retain points, and explain them in their own words. These features enhance critical reading comprehension.

Our anthology provides multiple restorative methods to end punishment-only behaviors and carceral state policies toward wrongdoing. Now, it’s our turn.

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Y our textbook will be enhanced by approaching reading as a journey toward under-standing. As you read the chapters, consider the following key questions:

1. What did I learn?2. Why was it important?3. How was it presented? 4. How do I use the information?5. When can I apply it?6. Where can I apply it?7. Who will be affected?

A Brief Note to Students

Unit I

IntroductionThis is not a ‘quick-fix’ book textbook for cheerleaders or skeptics. Restorative justice has tremendous significance. With greater clarity and refinement, restorative thinking and prac-tices will continue to revolutionize criminology, promote social justice, improve learning, and help our everyday lives. Restorative justice is not mainly about interventions. It demonstrates possibilities and realities of cultural changes aimed at building and restoring healthy relation-ships. Reasons for and methods of repairing harm are provided. These practices do not further damage victims or people who have harmed others—and themselves—and the communities who have also been hurt.

Unit I’s conceptual and descriptive chapters help us perceive restorative justice’s meanings, evolution, and essence. Readers will come away with a clearer understanding of restorative justice’s importance, philosophies, values, principles, practices, and movement. Each chapter has guiding questions (before you read) and post-reading questions ( for your summary and reflection). Several articles have chapter review questions. Others have questions for fur-ther discussion. Please answer them. They will help you process and reflect on the chapter’s information and ideas.

These introductory readings give a sequential overview of restorative justice. They sup-port and reinforce one another. In “Visualizing Restorative Justice” by Quimby (Chapter 1), you will learn about restorative justice’s general meaning and critical significance. “A Brief History of Restorative Justice: The Development of a New Pattern of Thinking” by Van Ness and Heetderks (Chapter 2) describes restorative justice’s evolution and why it signifies a dif-ferent way of reasoning and doing.

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Chapter 1

Visualizing Restorative JusticeErnest Quimby

Editor’s Guiding Questions1. What do I expect to learn from the chapter?2. What might I feel after reading this chapter?3. What is being described in this chapter?4. What is restorative justice?5. Is restorative justice a paradigm shift, or is it an intervention to supplement and/or replace

punishment for harmful actions?

• What is restorative justice?

• What is it supposed to do, and why?

• How should it do this?

• What are its results?

Restorative justice regards an offense (wrongdoing) as a violation and disruption of a relationship between individuals, groups, communities, societies, and/or states (Gumz & Grant, 2009; McCold & Wachtel, 2001, 2002; Mirsky, 2007; Pedreal & Lizeth, 2015; Umbreit, Vos, Coates, & Lightfoot, 2005; van Wormer, 2004; Wheeldon, 2009). Offending behavior/wrongdoing is viewed as both a result and a cause of disruptive conflict. It may lead to and stem from disturbance and disconnection, created by an altered, unhealthy, and fragmented reality that blocks peace and cohesion.

This rupture may be criminal or noncriminal (Crawford & Newburn, 2003; Fields, 2003; Gillard, 2015; Harrison, 2007; Ierley & Ivker, 2003; Koss, Bachar, & Hopkins, 2003; McCluskey, 2015; Pinkard, 2011; White, 2003). Justice is seen as creating or re-creating and forming or re-forming healthy, holistic connections between the wrongdoer (offender) and the parties who have been hurt and dislocated by the offense (Sullivan & Tifft, 2005; Tate, 2019; WeAreTeachers Staff, 2019).

Community-based restorative justice values, principles, and practices focus on reducing harms caused by offenses (Karp, 2013; Karp & Clear, 2002; Rosenblatt, 2015). Victims, wrongdoers (offenders), and communities are actively involved in identifying and healing damages caused by offenses (Daicoff, 2015; Miller, 2011; Pranis, Stuart, & Wedge, 2003; Walker & Hayashi, 2007).

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Interventions are designed to address victims’ needs and reduce their suffering and hurt (Beck, Britto, & Andrews, 2007). Constructive interventions provide mechanisms for facilitating wrongdoers’ acceptance of responsibility for wrongdoing and to address their needs (Hackett, 2018; Harper, 2018; Karp & Allena, 2006). Communities are regarded as damaged victims that can be repaired and restored.

Depending on specific circumstances and contexts, restorative justice’s mechanisms include mediations, circles, dialogues, formal bodies (typically tribunals, commissions, or councils), community initiatives, panels (e.g., victim, offender, community), constructive shaming techniques, destigmatizing approaches, deferred prosecutions, resolutions, resti-tutions, reparations, and reconciliations. These center around individual, community, and institutional transformations (Gregory & Clawson, 2016; Pranis, 2005; United Nations Office on Drugs and Crime, 2006; Wilson, Huculak, & McWhinnie, 2002).

Among policymakers’ and practitioners’ stated intentions are peacemaking and managing conflict. However, their implicit purposes may be misdirecting righteous anger and resent-ment away from systemic issues, e.g., avoiding confrontations with the roots of gender-based violence or racism, i.e., constructing mirages and politics of civility and respectability. Such approaches are not restorative responses. They can distract attention away from under-standing of foundations of unresolved conflict. Disempowerment may be perpetuated. For example, state-controlled or sponsored mechanisms and procedures can be methods of preserving ruling elites’ power by channeling people’s actions toward elites’ definitions of social harmony and cohesion. Unresolved community responses to institutionalized and state-sanctioned violence may wind up being intergenerational “pathologies.” These may be manifested as substance-use disorders and domestic abuse or results of marginalization, neglect, oppression, exploitation, and disenfranchisement by ruling class and appointed man-agerial elites. Posing as restorative justice practices, but being actually camouflaged social control techniques, conflict is managed and redirected against the victims. Other examples include unresolved or polarized debates, misdirected public policies and inactions around gentrification, elitist national peace and reconciliation commissions, crimes against humanity (such as genocide, international war crimes, use of child soldiers, rape as a weapon of war, and war itself), and corporate-sponsored environmental injustice. Justice and resultant peace become impossibilities when games and narratives are rigged, i.e., when the rules and discourses are detrimentally determined and controlled by those with power.

Sustainable restorative justice is a dynamic process of engaging, empowering, inte-grating, reintegrating, and transforming relationships and interactions (Kamara, 2019; Van Ness & Strong, 2015). Its achievement depends on abolition of and profound changes in social structures that oppress and maim (Davis, 2003; Tomar, 2019). Sustainable com-munities depend on equitable relationships.

Chapter 1 Visualizing Restorative Justice P 5

Understanding race, gender, class, social, cultural, economic, and political contexts of harming and repairing improves restorative mechanisms and practices (Beck & Britto, 2006; Curtis-Fawley & Daly, 2005; Daly & Stubbs, 2006; Failinger, 2006; Hopkins, Koss, & Bachar, 2004; McGlynn, Westmarland, & Godden, 2012; Presser & Gaarder, 2004; van Wormer, 2009; van Wormer & Bednar, 2002). Indigenous approaches to restorative justice are valuable (Eagle, 2001; Mirsky, 2004). Transnational and comparative studies also provide evidence of restorative justice’s complexity and effectiveness (Achtenberg, 2000; Gade, 2013; Gxubane, 2015; Mbambo & Skelton, 2003; Morris & Maxwell, 1998; Nancarrow, 2010; van Wormer, 2008). Improvement is also aided by integrating participants (victims, wrongdoers, and communities) in local, national, and international conflict and peace and reconciliation efforts.

Grassroots and national peacebuilding are interrelated. Both require culturally based initiatives that do not exclude or further damage affected parties. Clarity about expecta-tions, goals, aims, and methods is essential (Edwards, 2015; Lyubansky, 2016). For instance, “restorative” means different things for different people (Doolin, 2007). Therefore, no matter how sincere they are offered, apologies, compensation, and community service may not be receivable in certain situations. Constructing, nurturing, and protecting peace within and between families, groups, neighborhoods, and nations are possibilities, if affected parties can offer, accept, and retrieve aspects of their recovering selves.

There are limitations, severe challenges, and daunting questions: What are realis-tic expectations? Who determines victim participation? What can be restored in cases of mass atrocities? How are formerly massively incarcerated people to be restored? Can the harms done by correctional policies be revealed and healed? What are the meanings and expressions of accountability to and restoration for persons subjugated to homelessness by capitalism’s public and private policies? Can effects of racist policing be healed? Is it possible to even identify, much less address, the harms caused by state and vigilante acts that “dis-appear” people? Can relationships be repaired in these conditions? Is forgiveness possible, or even necessary? Under what conditions is empathy feasible? What are the meanings of (re)habilitation, (re)entry, (re)integration for victims and offenders? What is violence? What does it mean to be a violator or a victim? Can restoration be achieved without challenges to ruling class power? Can restorative justice of, by, and for the working class be defended without replacing existing class rulership, i.e., without a revolution? Is restorative justice subversive? Is it conservative?

How can such questions be answered, and by whom? What deeper levels of understand-ing, commitment, and clarity are required if answers are determined? So what? Could shared definitions be arrived at to help our journeys toward justice, accountability, responsibility, acceptance, harm, relationship repair, healing, and closure?


Restorative justice requires procedures for deconstructing, building, habilitating and rehabilitating the self, group, and community (Bazemore & Pranis, 1997; Breton, 2011; Burford & Adams, 2004; Busch, 2002; Edgar & Newell, 2006; Fronius et al., 2019). These may be painful. They are difficult. Unresolved trauma lurks. Issues of memory, trust, revenge, punishment, guilt, forgiveness, and loss get tangled and welded with anger, pain, and other suffering. Anxiety is present. A range of emotional experiences and reactions complicates and may even overwhelm one’s recovery journey. Cultural conditioning and social struc-tures conspire to contain, even imprison us. Liberation is a struggle—too often without the right resources.

Some answers to what are needed seem to be new ways of seeing, different reasons for being, new ways of being, reimagining and revisualizing, believing and hoping, expect-ing and demanding, and mobilizing and organizing for justice and peace. Viewed in these ways, restorative justice becomes a struggle for claiming and re-claiming our individual selves. It is linked to broader class, race, gender, and identity struggles, among others.

Conceptually and empirically, it is necessary to visualize restorative justice. Its situa-tional contexts and limitations need to be understood (Braithwaite, 2004; Ferlazzo, 2020; Gumz, 2004; O’Donnell, 2018; Umbreit, 1997; Zehr & Toews, 2007).

Framing restorative justice takes many actual, potential, and emerging forms: ideals, values, principles, goals, aims, ideologies, philosophies, theories, methods, practices, processes, systems, actions, movements, spaces, and results (Rodriguez, 2007; Sullivan & Tifft, 2007; Walker & Greening, 2010; Winn, 2013). Advocates and skeptics view restorative justice through these lenses. Most favored contexts are historical, contemporary, political, sociological, criminological, psychological, philosophical, spiritual, and economic (Hadley, 2001; Liebmann, 2007).

Restorative justice can be used in varied settings and situations. The main account-ability issues are as follows:

1. How did you hurt the victim? 2. Why? 3. What could you have done differently? 4. What can or should you do to help the victim heal? 5. How can you be helped?

Key factors promote restorative justice. Among core factors to consider are the harmful act, harmed recipient (individual, group, or institution), damage, responsible party (individual, group, or institution), and response. Restorative practices center around valuing and interacting. They recognize that belonging and accepting are


basic human needs. Harm can result from an act (something that was done) or from an omission (including failure to act). Examples of individual acts of commission include dismissing or disparaging another’s racial, ethnic, or cultural identity; perpetuating an environment that disrespects another’s cultural history; promoting tacit understand-ings or explicit policies, procedures, and practices that discourage high expectations and fulfillment of students’ learning abilities and opportunities; disrespecting people; and maintaining inequity and explicit distrust. Individual acts of omission, among others, involve perpetuating structures, words, and behaviors that disrespect another’s gender identity, heritage, race, ethnicity, or national origin; avoiding cultural proficiency in school settings; maintaining cultures of inequity; and covert distrust. Micro-level sites of harm are families, schools, colleges, neighborhoods, courts, employment, physical environ-ments, housing, jails, prisons, workplaces, department stores, grocery stores, restaurants, and recreational facilities. Macro-levels of harm are political, social, and economic forces, including public policies and legislation.

Responses to actions and omissions are crucial for meeting or ignoring people’s essential necessities. Values affect whether reactions will be primarily punitive or restorative. These include nurturing and sustaining healthy relationships; healing and transforming at individual, community, and institutional levels; requiring accountability for wrongdoing; engaging with wrongdoer, instead of disposing, displacing, or excluding; struggling against unethical relationships, structures, values, and behaviors; and acquiring, using, and sharing tools and skills.

Restorative skills involve creating a transformative culture. Developing and using a different language are essential. Thinking, engaging, conversing, signifying and reflecting hope, non-othering, embracing, and understanding are also essential. Reducing defense mechanisms that block accountability and receptivity to change is a necessity. Other require-ments are recognizing vulnerability, moving beyond shame and guilt, maximizing safety, and ensuring safe spaces.

Information and making meaning are other necessities. These require sincerity, com-mitment, and skills in cognition, interpretation, communication, reflection by the responsible person, victim, and their related communities. Primary steps involve gathering informa-tion, reflecting on information, making sense from information, acting on meaning(s) from information, re-evaluating behavior based on new meaning, and acting differently.

Restorative questioning helps these processes. The goals are to understand the actions, facilitate acceptance of responsibility, repair damage, heal, and reconcile relation-ships with the community—not to denounce, exclude, or punish. Gathering information and making meaning are crucial.

The victim and responsible party can be asked the following questions.


Restorative Questions for the Victim 1. What happened?2. How did it happen?3. How did you feel during the act?4. How did you feel after the act?5. How were you hurt or harmed?6. What can be done by the responsible person to help you heal?

Restorative Questions for the Responsible Person 1. What did you do or not do?2. How did it happen? 3. Why did it happen? 4. How was the victim hurt or harmed?5. How did you feel during the act?6. How did you feel after the act?7. What can you do to help the victim heal? 8. What can be done to help you heal?

These considerations focus on cultural and structural factors that promote restorative practices. Cultural practices that promote restorative justice are as follows:

• Values, expectations, and behaviors that promote wholesome relationships

• Empathy

• Resilience

• Engagement

• Disengagement

• Identification and use of resources and assets for community development and protection

• Imagining and actualizing ways of accepting responsibility

• Imagining and actualizing methods of repairing harm

• Imagining and actualizing strategies for restoring and connecting people

• De-emphasizing concepts of “the other”

Structures that promote restorative justice include the following:

• Safe spaces for encountering, interacting, and communicating

• Organizations that address emotional, cultural, material, political, economic, and other sociological needs


• Environments that engage people’s visions of accepting responsibility, repairing harm, and connecting and restoring people

• Ideological settings of honesty, equity, justice, and peace

Restorative justice’s alleged limitations are that it requires a theoretical foundation to achieve clarity about its meanings, purposes, methods, and assessments. It supposedly lacks rigor and cannot be tested. According to misinformed critics, it is idealistic and impractical. Apparently, from this perspective, insufficient and unsustainable healing happens.

For sure, restorative practices need to become proactive. Cultural and institutional transformation cannot be ignored. Systemic injustice and inequity have to be confronted. Restorative justice is weakened by accommodationist approaches that co-opt and deter broader struggles. If it is too ideological or not ideological enough, the movement risks failure.

These misunderstandings, issues, and opportunities continue to be addressed by restor-ative justice advocates (Ferlazzo, 2016; Focht-Perlberg, 2009; Grauwiler & Mills, 2004; Sherman & Strang, 2007; Zehr & Toews, 2007). This anthology is another contribution. The following readings explain restorative justice’s significance and functioning in criminal/juvenile justice and noncriminal circumstances. Readers will benefit from the integration of theory, information, social psychological insights, policy-informed practices, and actual experiences. Learning and teaching will be enhanced by this book’s connections between conceptual and applied learning.

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Editor’s Post-Reading Questions1. Is it a contradiction to say that restorative justice can also be proactive?2. What are your three main takeaway points from this chapter? Why?

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