Police understandings of restorative justice—the impact of rank and role

Abstract

The issue of a disparity between restorative justice theory and restorative practices has been widely examined. Daly (2002:55-79) argues gaps are to be expected because there is a lack of understanding around what restorative justice is. This research uses qualitative data from four focus groups and ten interviews (n=41) to examine police officer's understandings of what restorative justice is, and equally as important, what it is not. Overall findings suggest a continuum of understanding exists across a police force with higher ranking officers expressing more nuanced understanding of the theoretical concepts, key values, and fundamental beliefs of restorative justice than frontline practitioners who were more concerned with the practical aspects of how to 'do it'. This paper will argue that the role of police culture cannot be ignored and that gaps between theory and practice will continue unless the practical considerations in relation to restorative justice are addressed.

The challenges for good practice in police-facilitated restorative justice for female offenders

“…From the women's narratives in the qualitative study, however, and as found in previous research, there seemed to be variation in the type of facilitation and RJ they experienced, including in its quality (Shapland et al, 2017;Cutress, 2015;Stockdale, 2015; Criminal Justice Joint Inspection, 2012) alongside general confusion for offenders over the place of RJ in the CJS (Criminal Justice Joint Inspection, 2012).…”

“…A 2012 report on the uses of RJ by police, probation and youth offending teams in six counties in the UK revealed some further concerns, including 'widespread inconsistency in the implementation of RJ initiatives across the whole criminal justice system, with conflicting terminology and a lack of understanding of the principles of RJ' (Criminal Justice Joint Inspection, 2012:11). In sum, research on police-led RJ in the UK has found that as RJ for low-level offences is up to the discretion of, and facilitated by, individual officers, when their understanding of RJ is lacking, then this is evidenced in their practice (Shapland, Crawford, Gray & Burn, 2017;Cutress, 2015;Stockdale, 2015;Criminal Justice Joint Inspection, 2012). At its worst, this may include net-widening (Criminal Justice Joint Inspection, 2012;O'Mahony and Doak, 2004) and ignoring the 'voluntary' aspect of RJ (Shapland et al, 2017: 22).…”

An Examination of Police Culture and its Effects on Patrol Officers Attitudes towards Restorative Justice

“…Researchers have noted that the understandings of police organisational culture rely predominantly on older ethnographic studies, and often predates many significant transformations in policing, such as RJ (Brough et al, 2016). Stockdale (2015) has provided some insight into the interaction between RJ and police culture and how police rank affects officer understanding of RJ. She found that police understandings of RJ varied, with officers in different ranks being focused on different aspects of the restorative justice process.…”

“…The differences between the traditional justice system and restorative justice has raised questions and concerns regarding the ability of criminal justice practitioners (particularly police) to balance the competing goals of RJ and the traditional criminal justice system (Crocker, 2016). However, it appears that frontline officers generally view restorative justice as a viable option for both youth and adult offenders (Crocker, 2013;Stockdale, 2015), while earlier studies have found that police often did not have a clear understanding of RJ philosophies, and viewed it as appropriate for first time, less serious, non-violent offenders (Abramson, 2003). Throughout their duties, frontline officers consider discretionary factors that are available to them when making decisions regarding RJ.…”

“…There is limited literature examining the interaction between police culture and restorative justice, with existing research being more focused on police perception and understanding of their role in RJ, rather than concentrating on how police culture can affect its use by frontline patrol officers (e.g. Stockdale, 2015;Crocker, 2013;Abramson, 2003;McCold, 2003;O'Mahony & Doak, 2004;Hoyle et al, 2002;Chatterjee & Elliott, 2003;Paterson & Clamp, 2012). Researchers have, however, examined related topics and their interactions with police culture.…”