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Restorative Practices and Reoffending
Recently, a short article in The Report (1) questioned Canada's use and support of restorative justice programmes. The article quoted a claim in the May issue of Canadian Lawyer that after five years of use there was no proof that restorative justice programmes work. However, recent research has demonstrated that restorative justice programs do in fact reduce recidivism.
The chart below highlights seven such studies. Five involved comparison
groups of offenders going through normal court processes, and revealed a
decrease in recidivism for offenders who go through restorative programs.
Two studies identified elements in conferencing that appear to have an
impact on reoffending. Both studies found that when those elements are met,
conferencing lowers recidivism when compared to anticipated recidivism using
established predictors of offending behavior.
Study
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Location
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Methodology
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Results
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Luke,
Garth and Bronwyn Lind. 2002. B69-Reducing Juvenile Crime: Conferencing
Versus Court.”
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New South Wales; Australia
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This study compares reoffending rates of young people who went to a
conference with reoffending rates of young people who attended court.
The time period of follow-up is 27-39 months. The study sample
consisted of 590 young people who went to conference in 1998; 5,516
young people who appeared in court the year before conferencing became
an option (1997); and 3,830 who appeared to court in 1998.
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The results indicated that conferencing produces a moderate reduction
of up to 15 to 20 percent in reoffending across different offence types
and regardless of the gender, criminal history, age and aboriginality of
offenders.
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Hayes,
Hennessey and Kathleen Daly. 2001. “Youth Justice Conferencing and
Reoffending.”
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South Australia
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This study focuses on a sample of 89 conferences. It draws from
conference observations and official police data to explore the relative
importance of conference dynamics and offender characteristics in
predicting future offending. The reoffending data comes from an 8-12
month follow-up period. There was no comparison with a control group in
non-restorative programs.
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The post-conference results showed that : 60% of sample had no
official contact with police
17% had one contact
23% had two or more contacts
Daly and Hayes identified the following conference conditions as
having the greatest impact on reoffending:
-- Remorse shown by the offender (reoffending is 1/3 as likely)
-- Consensual decision-making (reoffending is ¼ as likely).
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Latimer,
Jeff, Craig Dowden, and Danielle Muise. 2001. “The Effectiveness of
Restorative Justice Practices: A Meta-Analysis.
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Mainly North America
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This meta-analysis took a sample of 35 studies that looked into
recidivisms rates, victim and offender satisfaction, and restitution
completion. Each studies used control groups to measure the
outcomes.
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The 32 studies that covered recidivism showed a mean decrease of
7%.
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Maxwell, Gabrielle, and Allison Morris. 2001. “Family Group
Conferences and Reoffending.”
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New Zealand
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Maxwell and Morris conducted a 6.5 year follow-up of 108 offenders
who had gone to conference. The study attempts to identify the
characteristics of conferences that are more likely to be associated
with less reoffending.
Using an evidence-based approach, the researchers attempt to
identify the characteristics of people who do not reoffend. From
past research that identifies circumstances that lead to
offending and reoffending, the researchers developed a model to predict
reoffending based on
-- Early life experiences (deficits in the family's circumstances and
the child's environment)
-- Early negative experiences (experiencing bullying, violence, and
abuse).
This model for understanding reoffending was then used to determine
if factors related to conferencing impacted on future behavior.
The researchers identified 5 reconviction categories and
self-reporting of offenses to measure recidivism.
--Persistent reconvicted-characterized by the frequency and volume of
their offending in criminal matters
-- Improving reconvicted- had offended persistently for a time but
had not been reconvicted in the 12 months prior to the interviews
-- Occasional reconvicted- had appeared in court more than once but
had committed less than 5 offenses
-- Once only reconvicted- had appeared in court only once
-- Not reconvicted.
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The study revealed the following percentages for each reconviction
group:
29% not reconvicted
14% reconvicted only once
21% occasional reconvicted
8% Improving Reconvicted
28% Persistent Reconvicted
The key finding was that family group conferencing can contribute to
lessening the chance of reoffending even when other important factors
such as adverse early experiences, other events which may be more
related to chance, and subsequent life events are taken into
account.
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Sherman,
et. al. 2000. Recidivism Patterns in the Canberra Reintegrative Shaming
Experiment.
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Canberra Australia
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The study uses random assignment for treatment (court or
conferencing) to investigate the effect of diversionary conferencing on
different offense types. The majority of the cases studied had a
one-year follow-up period.
The study looked at 3 offense types:
-- violent offences (with a sample size of 110 offenders)
-- drink-driving (with a sample size of 900 offenders)
-- juvenile property crimes (with a sample size of 117
offenders).
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The study found that, when compared to court, the effect of
diversionary conferences is
-- a 38% decrease for young violent offenders
-- a 6% increase for drunk driving
-- No difference in property offenses or shoplifting.
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Griffiths,
Mark. 1999. The Implementation of Juvenile Justice in Victoria.
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Victoria Australia
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Sample size of 71
12 month follow-up period
Matched probation group
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37% of the Control group received further sentencing orders
21% of the Conferencing group received further sentencing.
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Bonta,
James. Jennifer Rooney, Suzanne Wallace-Capretta. 1998. “Restorative
Justice: An Evaluation of the Restorative Resolution Project.”
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Winnipeg, Canada
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The program targeted offenders who were likely to go to prison (with
at least a 9 month sentence). Once an offender was accepted into the
program, the Restorative Resolutions (RR) staff started working on
a plan which included attempts to contact the victim and the community
to help in creating a plan.
The study identified matched groups of offenders who either went to
prison or were given probation.
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Since many of the study participants were still in the program,
recidivism was defined as new crimes or as breaking the terms of
probation.
At two years, there was a significant difference between the RR
participants and (11.5% vs. 33.3%).
When compared to the two groups of probationers, the RR participants
showed significantly lower recidivism (14.1% vs. 56.3%).
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"Maybe 'punishment' works better than
'healing'". The Report. June 24, 2002. p.37
By Lynette Parker
July 2002