- Class Number 9520
- Term Code 3060
- Class Info
- Unit Value 6 units
- Mode of Delivery In Person
- Dr Miranda Forsyth
- Dr Miranda Forsyth
- Class Dates
- Class Start Date 27/07/2020
- Class End Date 30/10/2020
- Census Date 31/08/2020
- Last Date to Enrol 03/08/2020
This course introduces students to the main concepts and debates in restorative justice in an evidence-informed way. It explores the multitude of ways restorative justice can and is being used to respond to a variety of societal challenges. This includes the juvenile and adult criminal justice context, as well as areas as diverse as environmental protection, sexual abuse and health. We will also examine how restorative justice is being used within institutions to respond to concerns about harassment, bullying and sexual abuse. The course will also introduce students to relevant methodological tools for assessing the impact of restorative justice based approaches.
Upon successful completion, students will have the knowledge and skills to:
- Demonstrate a working knowledge of key terms, concepts and ideas in the area of restorative justice;
- Analyse, debate and critically evaluate different restorative justice approaches and their value in a range of contexts (justice, institutional reform, environmental disasters etc;
- Demonstrate an understanding of the importance of adopting an evidence-based approach to the study of restorative justice and be familiar with the methodological tools necessary to develop an evidence base in this area
- Apply a restorative justice approach to a range of real life situations
Visit leading restorative justice websites to view some videos of different forms of restorative practices:
International Institute for Restorative Practices:
Prison Fellowship International:
Restorative Practices Australia:
Or simply internet search: ‘Restorative Justice Videos’ to find your areas of practice of special interest
Staff FeedbackStudents will be given feedback in the following forms in this course:
- Written comments
- Verbal comments
- Feedback to the whole class, to groups, to individuals, focus groups
Student FeedbackANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
|Week/Session||Summary of Activities||Assessment|
|1||Introducing Restorative Justice||Day 1 Wednesday 26th August 3.00 – 5.30 A. Concept and origins of Restorative Justice · Where Restorative Justice comes from, how it has spread and some of the challenges it faces today · Introduction to the theory of restorative justice (normative and explanatory) and its underlying principles and values · Where does Restorative Justice "fit" in Regulatory Theory B. Introduction to common models or Restorative Justice processes · Victim Offender Mediation · Restorative justice conferencing C. ?Restorative Justice practical exercise (introducing the range of exercises we will be doing throughout the course, including using circles, asking restorative questions, role plays, deep listening and so forth). Required readings · Howard Zehr, The Little Book of Restorative Justice (revised and updated 2015) · John Braithwaite, Restorative Justice and Responsive Regulation (2002)Oxford University Press. Chapter 1. · Marshall, Christopher (2014). Restoring What? The practice, promise and perils of restorative justice in New Zealand. Policy Quarterly, vol. 10, No. 2 · John Braithwaite, Regulatory Mix, Collective Efficacy, and Crimes of the Powerful, Journal of White Collar and Corporate Crime (2020) Vol. 1(1) 62-71 · Watch Radical Ideas in Justice and Regulation, part 1 Supplementary readings · Gerry Johnstone, Restorative Justice: Ideas, Values, Debates (2013, Routledge) Introduction and Chapter 2 · UN ECOSOC Resolution 2001_12_Basic Principles restorative Justice, available at https://www.un.org/en/ecosoc/docs/2002/resolution%202002-12.pdf · Van Ness, Daniel (2000). The Shape of Things to Come: A Framework for Thinking about A Restorative Justice System . Tübingen, Germany: International Conferenceon Restorative Justice for Juveniles. · Wachtel, Ted (2016). Defining Restorative . International Institute for Restorative Practices. Pennsylvania: IIRP.|
|2||Theorising and Understanding Restorative Justice||Day 2 Friday 28th August 3.00 – 5.30 A. Theorising Restorative Justice · Relationship between Restorative Justice and Retributive justice · Reintegrative shaming theory · Emotions and Restorative Justice B. Introduction to common models or Restorative Justice processes continued · Family group conferencing (for child and family matters) · Circles – sentencing, community building and restorative C. Restorative Justice practical exercise Required readings · Kathleen Daly, ‘The Punishment Debate in Restorative Justice’, (2012) in Jonathan Simon and Richard Sparks (eds), The Handbook of Punishment and Society. · Meredith Rossner, Restorative justice, anger, and the transformative energy of forgiveness, The International Journal of Restorative Justice 2019 vol. 2(3) pp. 368-388 doi: 10.5553/IJRJ.000005 Supplementary readings · Meredith Rossner, ‘Restorative Justice in the Twenty-First century: Making Emotions Mainstream’ (2017) Oxford Handbook of Criminology (6th Edition)|
|3||Evaluating Restorative Justice||Day 3 Wednesday 2nd September 3.00 – 5.30 A. What types of outcomes are measured in research and evaluations on Restorative Justice? B. What does the body of scholarship say about the impacts of Restorative Justice across a range of factors? C. What are some critiques of previous evaluations of Restorative Justice programs? D. Restorative Justice practical exercise Required readings · Braithwaite (2016) Restorative Justice and Responsive Regulation: The question of evidence (http://johnbraithwaite.com/wpcontent/uploads/2016/11/figures-JBdotcom-SSRN_2016_BraithwaiteJrevised-51.pdf). RegNet Working Paper No. 51, School of Regulation and Global Governance (RegNet). · Strang, Heather, et al. Restorative Justice Conferencing (RJC) Using Face-to-Face Meetings of. A Systematic Review. Campbell Systematic Reviews 12 (2013) https://www.publicsafety.gc.ca/lbrr/archives/cnmcsplcng/ cn33169-eng.pdf (https://www.publicsafety.gc.ca/lbrr/archives/cnmcsplcng/cn33169-eng.pdf) · Hansen, Toran and Mark Umbreit (2018). Four decades of victim-offender mediation research and practice: The evidence. Conflict Resolution Quarterly. · Broadhurst, Roderic and Morgan, Anthony and Payne, Jason and Maller, Ross, Restorative Justice: An Observational Outcome Evaluation of the Australian Capital Territory (ACT) Program (July 31, 2018). Available at SSRN: https://ssrn.com/abstract=3414715 or http://dx.doi.org/10.2139/ssrn.3414715 · Watch Radical Ideas in Justice and Regulation , part 2 Supplementary readings · For schools based evaluation, see the range of evaluations here: https://www.iirp.edu/school-resources/research-and-evaluations · Wilson, D., Olaghere, A and Kimbrell, C.,Effectiveness of Restorative Justice Principles in Juvenile Justice: A Meta Analysis (2017) National Criminal Justice Reference Service|
|4||Restorative Justice and the Criminal Justice system||Day 4 Friday 4th September 3.00 – 5.30 A. Adult and serious crime, including sexual assault and domestic violence B. Restorative Justice and Indigenous justice C. Restorative Justice practical exercise Required readings · ACT Crimes (Restorative Justice Act) 2004: http://www.legislation.act.gov.au/a/2004-65/ · Report of the Royal Commission into Child Detention in the NT, https://childdetentionnt.royalcommission.gov.au/Documents/Royal-Commission-NT-Final-Report-Volume-2B.pdf;pp253 – 266, 320, 467-468 · Paora Moyle & Juan Marcellus Tauri (2016) Maori, Family Group Conferencing and the Mystifications of Restorative Justice, Victims & Offenders, 11:1, 87-106, DOI: 10.1080/15564886.2015.1135496 · Julie Stubbs, Restorative Justice, Gendered Violence and Indigenous Women (2009) · Leigh Goodmark, Should Domestic Violence be Decriminalized? (2017) Harvard Journal of Law & Gender, pp53-113 Supplementary readings · Mimi Kim, 'The Coupling and Decoupling of Safety and Crime Control: An Anti-Violence Movement Timeline' in Stoever, Jane The Politicization of Safety: Critical Perspectives on Domestic Violence Responses (2019) NYU Press · Yuendemu Justice and Mediation Committee: Independent Cost-Benefit Analysis: http://www.centraldesert.nt.gov.au/yuendumu-justice-andmediation-committee-independent-cost-benefit-analysis (http://www.centraldesert.nt.gov.au/yuendumu-justice-and-mediationcommittee- independent-cost-benefit-analysis) · Galambany Court background and guidelines: https://www.courts.act.gov.au/magistrates/courts/galambany_court/1363|
|5||Restorative Justice and the Criminal Justice system continued||Day 5 Wednesday 23rd September 3.00 – 5.30 A. Juvenile detention and prisons B. Restorative Justice and policing C. Restorative Justice and coronial inquiries D. Restorative Justice practical exercise Required readings · Ian D. Marder (2020): Institutionalising restorative justice in the police: key findings from a study of two English police forces, Contemporary Justice Review, DOI 10.1080/10282580.2020.1755847 · Dünkel, Frieder, Horsfield, Philip and Andrea Parosanu (2015). Research and Selection of the Most Effective Juvenile Restorative Justice Practices in Europe: Snapshots from 28 EU Member States . Brussels: International Juvenile Justice Observatory · Katounas, Jackie and Fred McElrea (2001). Restorative justice in prisons - a New Zealand experience . Wellington: International Corrections and Prisons Association. Supplementary readings · Clamp, Kerry and Craig Paterson, Restorative Policing: Concepts, Theory and Practice, Routledge 2016, chapters 1, 2 (from “Restorative policing: a review of its application, theory and definitions” only) and 4. · Suzuki, Masahiro and Wood, William, Is Restorative Justice Conferencing Appropriate for Youth Offenders? (2018). Criminology & Criminal Justice 2018 18(4): 450-467 doi: 10.1177/1748895817722188. Available at SSRN: https://ssrn.com/abstract=3158796|
|6||International Framework and Restorative Justice and Restorative Practice outside the Criminal Justice System||Day 6 Friday 25th September 3.00 – 5.30 A. The international framework and safeguards of Restorative Justice B. Restorative Justice and Restorative Practice outside the Criminal Justice System: · Health, · Education · Environmental regulation · Restorative Inquiry C. Restorative Justice practical exercise Required readings · United Nations Economic and Social Council (2002). Resolution 2002/12 on the Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters . · Biffi, E. and Pali, B. Environmental Justice restoring the Future: Towards a Restorative Environmental Justice Praxis (2019) available at https://lirias.kuleuven.be/2899857?limo=0; introduction and three chapters of your choosing · Amos Clifford, Center for Restorative Process, Teaching restorative practices with classroom circles, available at https://www.healthiersf.org/RestorativePractices/Resources/documents/RP%20Curriculum%20and%20Scripts%20and%20PowePoints/Classroom%20Curriculum/Teaching%20Restorative%20Practices%20in%20the%20Classroom%207%20lesson%20Curriculum.pdf Supplementary readings · Council of Europe (2018). Recommendation CM/Rec (2018) 8 of the Committee of Ministers to Member States concerning restorative justice in criminal matters . Strasbourg: CoE. · European Union (2012). Directive 2012/29/EU on the Rights, Support and Protection of Victims of Crime . Brussels: EU. · UNODC (2006). Handbook on Restorative Justice Programmes . Vienna: UNODC. · Hubschle, A. and Shearing, C. Ending Wildlife Trafficking: Local Communities as Change Agents (August 2018), available at https://www.researchgate.net/publication/326838787_Ending_wildlife_trafficking_Local_communities_as_change_agents · Restorative Inquiry: The Nova Scotia Home for Colored Children http://www.canberrarestorativecommunity.space/blog/2020/5/16/restorative-inquiry-the-nova-scotia-home-for-colored-children|
|7||Restorative Justice and Restorative Practice outside the Criminal Justice System continued||Day 7 Wednesday 30th September 3.00 – 5.30 A. Child and family protection B. Bullying in workplaces C. Sexual assault and sexual harassment on university campuses D. Community circles E. Restorative Justice practical exercise Required readings · Reports from the Restorative Justice process at the Faculty of Dentistry https://www.dal.ca/cultureofrespect/background/report-from-therestorative-justice-process.html · Braithwaite, V., Harris, N. & Ivec, M. (2009) Seeking to clarify child protection’s regulatory principles. Communities, Children and Families Australia, 4(1), 5-21. · Joan Pennell and Gale Burford, Family group Decision Making: protecting Children and Women, Child Welfare (2000) 79(2) pp131 – 157 · Dorothy Roberts, ‘Black Mothers, Prison, and Foster Care: Rethinking Restorative Justice’ in Burford, Braithwaite and Braithwaite, Restorative and Responsive Human Services (2019) (Routledge) Supplementary readings · Braithwaite, V. & Ahmed, E. (2015) The Personal Management of Shame and Pride in Workplace Bullying, RegNet Research Paper No. 2015/96, RegNet Research Paper Series Vol. 3, No. 10, Regulatory Institutions Network (RegNet). · Shin, H., Braithwaite V. & Ahmed, E. (2016) Cyber- and face-to-face bullying: who crosses over? Social Psychology of Education, 19(3), 537-567. · Mary P. Koss, Jay K. Wilgus, Kaaren M.Williamsen, Campus Sexual Misconduct: Restorative Justice Approaches to Enhance Compliance With Title IX Guidance, Trauma, Violence, & Abuse Vol 15, Issue 3, pp. 242 -257 · Pointer, L. (2019) Restorative practices in residence halls at Victoria University of Wellington, New Zealand, Conflict resolution Quarterly, 36: 263-271 https://onlinelibrary.wiley.com/doi/full/10.1002/crq.21240|
|8||Restorative Justice in Asia and Oceania||Day 8 Friday 2nd October 3.00 – 5.30 A. Restorative Justice in Asia B. Restorative Justice in Oceania C. Restorative Justice practical exercise Required readings · Sinclair Dinnen, Restorative justice in the Pacific Islands: An introduction, in Sinclair Dinnen, Anita Jowitt and Tess Newton (eds), A Kind of Mending: Restorative Justice in the Pacific Islands ANU press (2010) https://press.anu.edu.au/publications/kind-mending (https://press.anu.edu.au/publications/kind-mending) · Dennis Wong, ‘Harmony Comes First: Challenges facing the Development of Restorative Justice in Asia’ (2014) 2(1) Restorative Justice: An international Journal · Braithwaite and Y. Zhang (2017)‘Persia to China: the Silk Road of Restorative Justice I (https://link.springer.com/article/10.1007/s11417-017- 9244-y) Asian Journal of Criminology 12(1):23-38. · Huang, Hsiao-fen, et al. "Social capital, rehabilitation, tradition: Support for restorative justice in Japan and Australia." Asian Journal of Criminology 7.4 (2012): 295-308. https://link.springer.com/content/pdf/10.1007/s11417-011-9111-1.pdf Supplementary readings · Dennis Wong and T Wing Lo, The Recent Development of Restorative Social Work Practices in Hong Kong, 54 International Social Work 701 (2011) · Sinclair Dinnen, Restorative Justice in Papua New Guinea, International Journal of the Sociology of Law (1997) 25: 245-262 · Braithwaite Rethinking Criminology Through Radical Diversity in Asian Reconciliation, Asian Journal of Criminology (2015) 10(3) 183 - 191|
|9||Restorative Justice in Peacebuilding and Institutional Abuse||Day 9 Wednesday 7th October 3.00 – 5.30 A. Restorative Justice in Peacebuilding and Transitional Justice B. Restorative Justice and Institutional Abuse C. Restorative Justice practical exercise Required readings · K. Campbell, D. Wilson & J. Braithwaite (2016) Ending residual paramilitary domination in Northern Ireland? Restorative economic and social inclusion strategies, RegNet Research Paper No.123, School of Regulation and Global Governance (RegNet). Also available at SSRN. · Ray Nickson and John Braithwaite, ‘Deeper, broader, longer transitional justice’ (2014) 11(4) European Journal of Criminology pp 445- 463 · Lin, Olivia (2005). Demythologizing Restorative Justice: South Africa's Truth and Reconciliation Commission and Rwanda's Gacaca Courts in Context. ILSA Journal of International & Comparative Law, vol. 12, No. 1, 41-86 · Pepinsky, Hal (2013). Peacemaking Criminology. Critical Criminology vol. 21, No. 3, 319-339. · Defence Abuse Response Taskforce Final report (2016) https://apo.org.au/sites/default/files/resource-files/2016-09/apo-nid67232.pdf (just executive summary and skim report) Supplementary reading · J. Braithwaite (2014) ‘Traditional justice’ in Jennifer Llewellyn and Daniel Philpott (eds) Restorative Justice, Reconciliation and Peacebuilding. New York: Oxford University Press.|
|10||Restorative Assemblages and Critiques of Restorative Justice||Day 10 Friday 9th October 3.00 – 5.30 A. Restorative Cities, Places, Networks, Assemblages B. Critiques of and Issues in Implementing Restorative Justice C. Restorative Justice practical exercise Required readings · ACT Law Reform Advisory Council: ACT on the Road to become a Restorative City: Evidence Paper 30 September 2018 – available at https://justice.act.gov.au/justice-programs-and-initiatives/canberra-restorative-city · Annalise Acorn, Compulsory Compassion: A critique of Restorative Justice (2004), chapters 1 and 2. · Sharon Levrant, Francis T. Cullen, Betsy Fulton, John F. Wozniak, ‘Reconsidering Restorative Justice: The Corruption of Benevolence Revisited?’, (1999) 45 (1) Crime and Delinquency 3-27 · Blagg, H. (2002). Restorative Justice and Aboriginal Family Violence: Opening a Space for Healing. In H. Strang, & J. Braithwaite (Eds.), Restorative Justice and Family Violence (First ed., pp. 191-205). Cambridge, UK: Cambridge University Press. Supplementary readings · Kathleen Daly and Julie Stubbs, Feminist Engagement with Restorative Justice (2006) 10 (1) Theoretical Criminology 9-28|
|11||Restorative Justice and other alternative forms of Justice||Day 11 Wednesday 14th October 3.00 – 5.30 A. Therapeutic Justice B. Transformative Justice C. Non-Adversarial justice D. Restorative Justice practical exercise Required readings · Daicoff, Susan Swaim, Law as a Healing Profession: The 'Comprehensive Law Movement' (2006). Pepperdine Dispute Resolution Law Journal, Vol.6, 2006; Arizona Summit Law School Research Paper . Available at SSRN:https://ssrn.com/abstract=2445540 (https://ssrn.com/abstract=2445540) · Mimi E. Kim (2018) From carceral feminism to transformative justice: Women of-color feminism and alternatives to incarceration, Journal of Ethnic & Cultural Diversity in Social Work, 27:3, 219-233, DOI: 10.1080/15313204.2018.1474827 · ‘Introduction’ in Non-Adversarial Justice (2nd edition, 2014) by Michael King, Arie Freiberg, Becky Batagol and Ross Hyams, Federation Press · Watch Radical Ideas in Justice and Regulation, parts 6 and 7 Supplementary readings · Gerry Johnstone, Restorative Justice: Ideas, Values, Debates (2013,Routledge) Chapters 4 and 5 · Justice Reinvestment: A Review of the Literature: https://aic.gov.au/publications/rr/rr09 · Mimi Kim, Alternative Interventions to Intimate Violence: Defining Political and Pragmatic Challenges Pp. 193 – 217 in Ptacek, J. (Ed.), Feminism and Restorative Justice, (NY: Oxford Press, 2010) http://www.creative-interventions.org/wp-content/uploads/2012/06/Ptacek-ed-Restorative-Justice-book-Kim-Alternative-Interventions-article-PublicVersion1.pdf|
|12||Restorative Justice in Today’s World||Day 12 Friday 16th October 3.00 – 5.30 A. Student led session about the possibilities and limitations of Restorative Justice to deal with the major issues of the day (subjectively defined). Examples include Restorative Justice and Black Lives Matter; Restorative Justice and Climate Change; Restorative Justice and Violent Extremism etc. B. Final restorative justice practical exercise.|
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|In-class participation and submission of two questions or reflections or observations based on the readings for each topic||10 %||30/10/2020||30/10/2020||1,2,3|
|Development of a role play exercise||20 %||25/09/2020||09/10/2020||1,4|
|Research and writing plan and outline for major essay (1000 words)||20 %||09/10/2020||23/10/2020||1,2,3|
|Major essay (4000 words)||50 %||15/11/2020||03/12/2020||1,2,3|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
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Assessment RequirementsThe ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.
Moderation of AssessmentMarks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.
Assessment Task 1
Learning Outcomes: 1,2,3
In-class participation and submission of two questions or reflections or observations based on the readings for each topic
As you read the required (and supplementary readings if you wish), develop two questions or observations/ reflections that will guide in-class discussion. You will also be required to summarise and talk about (10 mins max ) one of the supplementary readings during the course. Submit the questions/ reflections via the Assignments tab on wattle the day before the class.
Assessment Task 2
Learning Outcomes: 1,4
Development of a role play exercise
Students will be required to design a role play involving a restorative approach to a problem of their choice.
This will involve setting out the situation and the different people involved and providing a separate written explanation about how the role play was constructed and what elements of a restorative approach it is intended to teach participants. You should explicitly draw on some of the theoretical foundations of Restorative Justice. The length of this exercise is 1,000 words.
Assessment Task 3
Learning Outcomes: 1,2,3
Research and writing plan and outline for major essay (1000 words)
Submit a 1000 word essay outline for the major essay (word count does not include references/ bibliography).
The outline should set out the topic chosen, the structure for your major essay, your main arguments or claims and the sources, examples and evidence you will draw upon. The 1000 word essay should be written in paragraphs.
Assessment Task 4
Learning Outcomes: 1,2,3
Major essay (4000 words)
Students must write a 4000 word essay on a particular aspect or application of of Restorative Justice chosen by them and approved by the course conveners in discussion with the student. The essay must include critical engagement with the concept of Restorative Justice and discussion of the types of evidential support relevant for the topic.
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Restorative justice; Legal pluralism; Law and society; Legal anthropology; Crime and violence; Government and politics of Asia and the Pacific; Intellectual property law.
Dr Miranda Forsyth