Diversion programs for drug offenders have proliferated in the last decade in the belief that treatment of underlying drug use will decrease an individual's criminal activity. The NSW Magistrates Early Referral Into Treatment (MERIT) program diverts adult offenders with significant drug problems, on bail, from the court to a 3-month intensive drug treatment program. This article reports on the criminal justice outcomes of the Lismore MERIT Pilot Program. Findings indicate that participants who completed the program were significantly less likely to reoffend, took longer to reoffend and received less severe sentences than those who did not complete the program. The reduction in reoffending is significantly associated with program completion even when other factors associated with recidivism are controlled for, including previous incarceration. Overall these findings contribute to the growing literature indicating that providing treatment for offenders with illicit drug problems can be an effective crime reduction strategy.
This paper is concerned with why and how restorative justice works to alleviate the emotional effects of crime on victims. It posits a new explanation for the 'aha' moment; the turning point seen in some, though not all, restorative justice conferences where longstanding, negative emotions and beliefs that have persistently dogged a victim since the crime event, affecting their ability to enjoy the same everyday activities as in their pre-crime daily life, are seemingly eliminated. Focusing on victim experiences, an in-depth analysis of 20 cases collected as part of an empirical study into post-sentencing restorative justice practice after serious crime shows how a typical restorative process can mimic the conditions needed for 'memory reconsolidation', a powerful and adaptive neurobiological mechanism that rewrites emotional memories. The findings suggest that the process of memory reconsolidation is a unique tool in the restorative justice 'black box'. While the use of restorative justice within Western criminal justice systems is routine for juvenile offenders following minor crimes, greater attention should be paid to victimfocused models in the aftermath of crime experienced traumatically; these include postsentencing practices.
This paper is concerned with the nature and complexities of restorative justice. It uses Braithwaite's (Br J Criminol 42:563-577, 2002a) framework of constraining, maximising and emerging restorative standards to understand the interactions that underpin success and failure in practice, i.e., 'restorativeness'. Using qualitative data from observations of youth justice conferences in New South Wales, Australia, the roles of empowerment (as an example of a constraining standard), restoration of communities (as an example of a maximising standard) and remorse over injustice (as an example of an emergent standard) are examined. Findings confirm that restorative justice is best conceived as a continuum of dynamic process and outcome related values. Non-domination is paramount to achieving restorative justice. However, the presence, absence, and nature of other values such as storytelling, respectful listening, victim and support attendance, and apology are also important. They affect where a restorative event falls on the restorative continuum, and they affect the likelihood of other standards being met.
This paper explores the role and process of facilitation in restorative justice (RJ). Drawing from a victim offender conferencing program used after serious crime in New South Wales Australia, 84 interviews with restorative facilitators were thematically analysed. The skills, techniques and strategies used to prepare, conduct and de-brief cases are considered including managing complex cases where participants present with intense anger and grief, poor insight into offending and cognitive and mental health issues. While good facilitation is in part the result of knowledge, training and experience, the art of great facilitation relates to the interplay of the facilitator's inherent characteristics, capacities and world-views alongside this knowledge, skill and experience. While facilitating well is premised on an appreciation of the alchemy that exists within RJ, advanced facilitators use the alchemy to shape the process. Good practice is further enabled through workplace structures that support a team approach where there is open deliberation around needs, risk and harm. Because good facilitation is paramount to the best practice of RJ this paper has implications for current policy debates concerning RJ standards and the training and accreditation of RJ practitioners.
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