6th Edition
Restoring Justice An Introduction to Restorative Justice
Restoring Justice: An Introduction to Restorative Justice, Sixth Edition, offers a clear and convincing explanation of restorative justice, a movement within criminal justice with ongoing worldwide influence. The book explores the broad appeal of this vision and offers a brief history of its roots and development as an alternative to an impersonal justice system focused narrowly on the conviction and punishment of those who break the law. Instead, restorative justice emphasizes repairing the harm caused or revealed by criminal behavior, using cooperative processes that include all the stakeholders. The book presents the theory and principles of restorative justice, and discusses its four cornerpost ideas: Inclusion, Encounter, Repair, and Cohesion. Multiple models for how restorative justice may be incorporated into criminal justice are explored, and the book proposes an approach to assessing the extent to which programs or systems are actually restorative in practice. The authors also suggest six strategic objectives to significantly expand the use and reach of restorative justice and recommended tactics to make progress towards the acceptance and adoption of restorative programs and systems.
Part 1. The Concept of Restorative Justice
Chapter 1. How Patterns of Thinking Can Obstruct Justice
Key Concepts
Patterns of Thinking
An Ancient Pattern: Justice is Relational
A Brief History Lesson
The People Who Are Harmed
Private and Public Prosecution
Prisons
Juries
Current Pattern of Thinking: Justice is Impartial and Impersonal
Mass Incarceration
War on Drugs and Its Consequences
Consider an Alternative
Conclusion
Review Questions
Endnotes
Chapter 2. The Development of a New Pattern of Thinking
Key Concepts
The Term Restorative Justice
Attempts to Reform Contemporary Criminal Justice
A Response to Crime That Meets the Needs of People Harmed
Reform efforts focused on increasing access to services
Reform efforts focused on ensuring restitution or compensation
Reform efforts focused on procedural rights
A Response to Crime that Includes the Community
A Response to Crime that Reduces Incarceration
Indigenous Justice Approaches
Early Explorers of Restorative Justice Theory
Conclusion
Review Questions
Endnotes
Chapter 3. Justice That Promotes Healing
Key Concepts
Three Conceptions of Restorative Justice: Encounter, Reparative, and Transformative
Restorative Justice Definitions
Our Definition
Restorative Justice Principles
Principle 1 Justice Heals
Principle 2 Justice Includes
Principle 3 Justice Shares
Restorative Justice: A Visual Model
Restorative Justice Values
Inclusion
Encounter
Repair
Cohesion
Restorative Practices and Restorative Justice
Restorative Justice as Opposed to What?
Does Restorative Justice Work?
Outcomes for Those Causing Harm
Outcomes for Those Harmed
System Outcomes
Conclusion
Review Questions
Endnotes
Part 2.The Cornerposts of Restorative Justice
Chapter 4. Inclusion
Key Concepts
Restorative Justice and Inclusion
Increasing Opportunities for the Parties to Speak in Contemporary Criminal Justice
Allowing Those Harmed by Crime to Speak
Allowing Those Who Caused Harm to Speak
Giving the Person Harmed Legal Standing to Pursue Reparation
Participation of the People Harmed at Various Stages of Criminal Proceedings
Charging the Defendant and Plea Bargaining
Bail
Sentencing
The Person Harmed as Civil Claimant in Criminal Cases
Conclusion
Review Questions
Endnotes
Chapter 5. Encounter
Key Concepts
Restorative Processes
Elements of Restorative Encounters
Risks for Encounter Participants
Power Dynamics
Due Process Violations
Trauma
Safeguards
Program Policies
Facilitator Training
A Safe Environment
Empowering Participants and Repairing Harm
Truth telling
Responsibility and Vindication
Opportunity to Apologize
Addressing Trauma
Connection vs. Disconnection
Conclusion
Review Questions
Endnotes
Chapter 6. Repair
Key Concepts
Needs of People Who Have Been Harmed by Crime
To Be Safe
Vindication
Relief from Stigma
Practical Support
Trauma-Informed Support and Assistance
Amends-Focused
Remorse
Apology
Changed Behavior
Active vs. Passive Responsibility
Restitution
What About Harm to Society?
Who Should Receive Restitution?
What About Community Service?
Should Restitution Reflect the Seriousness of the Offense or of the Injury?
Generosity as a Form of Amends
Justice-Informed
Poverty, Fees, Fines, and Restitution
Day Fines
Conclusion
Review Questions
Endnotes
Chapter 7. Cohesion
Key Concepts
Relationships
Respect
Showing Respect for People Returning from Prison
Families and Friends
Circles of Support and Accountability
Alcoholics Anonymous and Other Assistance Groups
Faith Communities
Resilience
Trauma
Trauma-Informed Community Building
Conclusion
Review Questions
Endnotes
Part 3. The Challenges Facing Restorative Justice
Chapter 8. Toward a Restorative System
Key Concepts
Five System Models Incorporating Restorative Justice
Augmentation Model
Safety Net Model
Dual Track Model
Hybrid Model
Unitary Model
Restorative Justice in Contemporary Criminal Justice Proceedings
Before Responsibility Has Been Determined
Determination of Responsibility
Sentencing
Incarceration
Probation and Parole
Reentry
Considering the "Restorativeness" of a System or Program
Inclusion
Encounter
Repair
Cohesion
Scale
Conclusion
Review Questions
Endnotes
Chapter 9. Shifting to a Restorative Paradigm
Key Concepts
Six Strategic Objectives to Expand the Use of Restorative Justice
1. Make Restorative Justice Processes the Default Option, Even in Serious Cases
2. Develop a Reparative System as Back-up When More Restorative Measures are Not Options
3. Develop a Parallel System That Meets the Needs of Persons Harmed
4. Make the Incarceration Experience More Restorative
5. Incentivize Investments That Support Social Cohesion Within Communities
6. Create a Model Restorative Justice Legal Framework
Addressing Potential Shortcomings Within a Restorative System
Mechanisms That Respect Rule of Law and Protect Fundamental Rights
Accountability to Ensure Justice Mechanisms Function as Intended
Making Restorative Justice Happen
Common Agenda
Shared Measurement System
Mutually Reinforcing Activities
Continuous Communication
Backbone Support Organization
Attention to Equity
Keeping Communities Central in Collaborative Initiatives
Trauma-Informed Collaborations
Conclusion
Review Questions
Endnotes
Chapter 10. Transformation
Key Concepts
Transformation of Perspective
Transformation of Structures
Transformation of Persons
Review Questions
Endnotes
Appendices
Appendix 1 RJ City® Case Study
Appendix 2 Restorative Justice Programs Across the Globe
Select Bibliography
Biography
Daniel W. Van Ness has explored and promoted restorative justice as public policy advocate, program designer, writer, and teacher for 35 years. He received the John W. Byrd Pioneer Award for Community and Restorative Justice from The National Association of Community and Restorative Justice in 2013.
Karen Heetderks Strong has worked on restorative justice theory and principles since the late 1980s. She spent 22 years in an American non-profit serving prisoners, ex-prisoners, crime victims, and their families and supporting advocacy for reforms in the state and federal criminal justice systems.
Jonathan Derby has worked more than 16 years with non-profit organizations in India that help the most vulnerable access justice. Currently, he serves as Special Advisor on Restorative Justice with Prison Fellowship International and teaches restorative justice as adjunct professor at Straus Institute of Dispute Resolution, Pepperdine Caruso School of Law.
L. Lynette Parker is a consultant providing restorative practice training and guidance having provided services to organizations in 17 countries. As a restorative conferencing facilitator, she has guided victims, offenders, and community members through restorative processes in over 70 criminal cases ranging from shoplifting to reckless driving resulting in death.
"Restoring Justice has been very instrumental in helping me achieve the goal of bringing a thorough understanding of the subject to my students in language that is clear, simple and concise."
Vivian Aseye Djokotoe Ph.D, Professor and Division Chair of Criminal Justice Sciences, Director of Western Restorative Justice and Reentry Center, Western Oregon University
"I wanted a textbook that would help the students understand how restorative justice practices help to repair the harms of both victims and offenders, and how both are reintegrated into the community. This is especially important and useful when I use the textbook in the correctional facility. After reading the textbook, students understand how their actions affect other people and they learn to take responsibility for those actions."
Linda Keena, Associate Professor of Criminal Justice and Legal Studies, Legal Studies Program Coordinator, University of Mississippi
"I like the accessibility of the text--perfect for the introduction of issues to undergraduate students. I also think it frames the concepts of restorative justice in a unique way that other "intro to RJ" texts do not….The authors are careful with their choice of words and citations, so it is also a trusted source for me as a professor."
Emily Gaarder, Director of the Center for Restorative Justice and Peacemaking and Associate Professor in Studies in Justice, Culture, and Social Change, University of Minnesota Duluth.
"When I developed my own Restorative Justice course more than 20 years ago, I adopted the book as my main text. Its comprehensiveness and clarity drew me: it provided me with a great foundation in restorative justice theory and practice, so I knew it would be valuable for my students as well. Its usefulness for framing restorative justice is unsurpassed."
Lois Presser, Professor of Sociology, University of Tennessee
Endorsements of Previous Editions of Restoring Justice:
"As a crime victim, victim advocate, and long-time supporter of restorative justice values and principals, I found Restoring Justice to be an excellent resource for anyone interested in the complex world of restorative justice history, processes, and ideas. Bravo to Dan Van Ness and Karen Strong for offering a balanced approach to restorative justice that understands "real" justice is about repairing the harm and healing those who have been harmed by crime: victims, offenders, and communities. Restoring Justice is a well-written and quite often inspirational book!"
Ellen Halbert, Director, Victim/Witness Division, Travis County District Attorney’s Office, Austin, Texas
"At each edition of Restoring Justice, Daniel Van Ness and Karen Heetderks Strong set the standard and make their volume one of the basic books—or perhaps the basic book—on restorative justice.
Their book reflects the richness of the restorative justice approach, through process analyses with clinical relevance, theoretical thinking with social ethical and social significance, principled exploration on juridical options, and a broad sociological context analysis. Van Ness and Heetderks Strong colour this broad interdisciplinary picture with their own visions and options. In doing so, they deliver a crucial contribution to understanding restorative justice principles and their proper implementation.
Restoring Justice is the result of intensive commitment to the values of restorative justice, balanced with a constructive critical mind for possible problematic implementations, and openness for unanswered questions and unresolved difficulties. It is a landmark in the restorative justice literature."
Lode Walgrave, Emeritus Professor of Criminology, Faculty of Law, Catholic University of Leuven
"Restoring Justice is the best, most thorough text on the most important development in the justice system in the last decade: restorative justice.… a seminal work.… this book does a wonderful job of describing the rationale, presenting the arguments, confronting the criticisms.… provides a measured, reliable statement on our need to restore justice."
Todd Clear, University Professor of Criminal Justice, Rutgers University School of Criminal Justice
"… a great introductory overview of restorative justice … easily understood while also providing significant depth.… draws together the significant insights in the field while making several new contributions… invites and encourages change without alienating people who are currently working in the field. I recommend Restoring Justice for both the novice and the seasoned restorative justice reader."
Ron Claassen, Co-owner, Restorative Justice Discipline, Fresno and former Director of the Center for Peacemaking and Conflict Studies, Fresno Pacific University
"… an exceptionally good job of clearly articulating the underlying principles and values of restorative justice, including many practical examples. This book will serve as a primary resource for scholars and practitioners involved in the restorative justice movement as it continues to expand."
Mark Umbreit, Professor and founding Director of the Center for Restorative Justice & Peacemaking, School of Social Work, University of Minnesota
"[In Restoring Justice, Dan Van Ness and Karen Strong] challenge researchers and scholars to move beyond measuring only recidivism as the ultimate outcome of evaluation, and victim and offender satisfaction as the primary intermediate measures. Based on this work, we may now instead build upon core principles to develop dimensions and measures of process integrity, as well as theoretical dimensions to assess intermediate outcomes for victim, offender, and community."
The late Gordon Bazemore, former Professor of Criminology and Criminal Justice Florida Atlantic University
