Restorative Justice Science, Institutions and Actors Perspectives from Criminal Justice in England and Wales
Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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Restorative Justice Politics - A Mandate for Change
Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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HM Government responsibilities •
Victims to obtain the support to deal with the immediate aftermath of crime and, if required, receive further help over time.
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Victims to obtain support for their crucial part in helping Courts to administer justice to remove criminals from the streets.
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Victims to obtain a pledge from Government that ensures offenders are caught, properly punished and dealt with in a way that reduces re-offending and, as a result, leads to fewer victims. Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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• 80% of victims want no information, advice or support from the state or other sources (BCS 2008/09). • Witness and Victims Experience Survey (WAVES) indicates that during 2007/08 and 2009/10, over 80% from the 20% of victims taking up the offer of help and support were satisfied with the way they were treated by the criminal justice system. • Hard to reach communities and vulnerable groups who become victims of crime and serious crime are rarely included in surveys and their needs are not being meet (Payne, 2009).
Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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Victim support for those bereaved by homicide Victim surcharge levied against offenders Prisoners earnings act 1996 Legal Aid, Sentencing and Punishment of Offenders Bill 2012 Adoption of the EU directive for the minimum standards for the rights, support and protection of victims of crime. Reforming the Victims’ Code of Practice Restoration and reparation Victims of overseas Terrorism Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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Restorative Justice Science
Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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• Assumptions of conventional criminal justice • Interdependence of state, offenders and victims • The falsehood that tougher punishment reduces crime • Crime and justice emotions • Research methodologies – quantitative vs. qualitative data • National Institute for Health and Clinical Excellence model (PICO) Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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PLACE
REFERENCE
POPULATION
INTERVENTION
Northumbria
Sherman et al, 2006
Female Youth N= 44
Face-to-face Conventional RJ conf. and final warning final warnings
118 fewer arrests per 100 offenders in RJ group
Northumbria
Sherman et, 2006
Male Youth N = 64
Face-to-face Conventional RJ conf. and final warning final warnings
No RJ –CJ difference
West Yorkshire
Miers et al, 2001
Young adult (58% given custody) N= 153
Pre-sentence RJ work but not face to face
Offenders general risk of reconviction score (OGRS)
Two year reconviction rate = 44% vs. 58 = 14%
West Midlands
Miers et al, 2001
Young Adults (52% given custody) N= 147
Pre-sentence RJ work reported to Court
Offenders general risk of reconviction score (OGRS)
Two year reconviction rate 44% vs. 57% = 13%
Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
COMPARISON
OUTCOME
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Trial estimates of effects of RJ on victims of crime PLACE
REFERENCE
POPULATION
INTERVENTION
COMPARISON
OUTCOME
London
Angel, 2005
Victims of robbery N = 216 (Two separate RCTs)
Face-to-face RJ in addition to CJ, with consent of offender
Conventional prosecution in Court without RJ
Post traumatic stress symptoms scores for: RJ = 9 CJ = 14
London
Angel, 2005
Victims of robbery N = 207 (Two separate RCTs combined)
Face-to-face RJ in addition to CJ, with consent of offender
Conventional prosecution in court without RJ
Post crime impact on employment scores for: RJ = 16% CJ = 25%
Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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• RJ Conferences methodology and outcome agreements • Offender and Victim Supporters (Prof. Shapland et al, 2011) • Desistance from crime via RJ (Prof. Mike Nellis) • Social capital ties • RJ schemes vs. CJ operations • Use of critique in RJ evaluations Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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Restorative Institutions?
Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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Parliament Ministry of Justice Police Services HM Court Services National Offender Management Service (NOMS) – Prison & Probation Restorative Justice Council Charities Commission (Victim Support) Criminal Injuries Compensation Authority
Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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Restorative Justice Actors Politicians Police Officers
Academics
Prison Officers
Policy Makers
Sentencers
RJ Facilitators Probation Officers Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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“The British Criminal Justice System is failing in its role to reduce crime and improve victim satisfaction. “ Crispin Blunt, MP, Parliamentary under Secretary of State, Ministry of Justice (25/4/2012)
Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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“ The disclosure of further criminal acts must be examined on merit and separated out from RJ processes. Neutrality is key.” “ RJ data management is key. This instils agency accountability and provides instruments for regulation.” “There is no right time offer RJ to victims but agencies should still offer RJ and be led by victims wishes.” Prof. Joanna Shapland – Professor of Criminal Justice School of Law (25/4/2012) Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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“ Some offenders are case hardened” “ A victim centred criminal justice system is the Restorative Justice Council’s vision” “Police officers or peace officers for community resolution panels” Lawrence Kershen QC, Chair of Restorative Justice Council Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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“ Crown Prosecution conditional caution measure is under used”. “ Prosecutors need to be more in-tune with availability and accessibility of RJ”. Baljit Ubhey, Chief Crown Prosecutor for Thames Valley Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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Restorative Justice Case Studies Laura is a child victim aged 2 years. Her father was murdered by her mother. Laura has a social worker and in the care of the Local Authorities . She is being looked after by her mother’s younger sister. Laura continues to have supervised contact with her mother at the prison establishment. When should RJ be considered for Laura? Tony was a child victim aged of 34 months. His mother was murdered by her new partner. Tony was received into care and stayed there for 2 years. He was fostered at the age of 5 and adopted when he was 10. He was never told about what happened to his mother. After Tony heard rumours in the community, his adoptive father made the disclosure about his mother’s death when he was 19 years old. This had a devastating effect. Tony rebelled against his parents and lost his sense of identity. Would RJ have helped Tony and his adoptive family ? Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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Summary • RJ in England and Wales has a refreshed political mandate steered by the European Parliament’s Directive for adopting a minimum set of standards for victims of crime • Tougher community punishment for offenders and high levels of prison incarceration remain at odds with RJ philosophy • RJ Science needs to inform policy and assist with the evaluation of practice • RJ trials in England and Wales show good results for reducing incidences of post traumatic stress in victims and assisting with lowering the impacts on employment • RJ random controlled trials involving young male offenders indicate maturity levels have a bearing on the success for reducing re-offending • RJ actors need to be given the correct arena, such as a corporate task force to distil knowledge and expertise Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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Thank you
Restorative Justice: Science, Institutions & Actors - Paul Darby - IUC Dubrovnik - May 2012
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