- Class Number 4269
- Term Code 3150
- Class Info
- Unit Value 6 units
- Mode of Delivery In Person
- Dr Miranda Forsyth
- Dr Miranda Forsyth
- Class Dates
- Class Start Date 12/07/2021
- Class End Date 26/09/2021
- Census Date 30/07/2021
- Last Date to Enrol 26/07/2021
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||Why restorative justice? Justice means many different things to different people, and there are many different pathways to justice. Whilst the criminal justice system and other punitive responses are one way, there are others that we will explore these in this course, with a focus on restorative justice. In this first session we get to know each other through doing a restorative justice exercise, go through the outline of the course and understand what is required from the assessment and from each other. We will also cover: · Critiques of existing justice systems in the global North · Role of the community in existing justice systems · Role of the victim in existing justice systems · History of restorative justice as a practice · Brief contrast of restorative and retributive paradigms||Readings · Nils Christie (1977). Conflicts as property. British Journal of Criminology 17(1): 1–15 · Howard Zehr (2015), The Little Book of Restorative Justice (revised and updated 2015) · Christopher Marshall, (2014). Restoring What? The practice, promise and perils of restorative justice in New Zealand. Policy Quarterly, vol. 10, No. 2|
|2||Theoretical underpinnings to restorative justice Restorative justice can be linked with a number of theoretical underpinnings that support its emergence as a practice. Here we will look at some of the main theories that inform and support it, in addition to identifying some of the main principles and values. · Theoretical underpinnings of restorative justice: conflicts as property; reintegrative shaming; procedural justice; relational theory; responsive regulation · Minimalist and maximalist views of restorative justice · Key restorative principles and values – and pre-conditions/safeguards||Readings · John Braithwaite (2011). The essence of responsive regulation. UBC Law Review 44(3):475-520. · Meredith Rossner (2008) Healing Victims and Offenders and Reducing Crime: A Critical Assessment of Restorative Justice Practice and Theory, Sociology Compass 2/6: 1734–1749 · John Braithwaite (2000), Reintegrative Shaming|
|3||What are some of the common practices associated with restorative justice? Many people associate restorative justice with certain distinct processes. We will look at the main forms of restorative justice from a processual perspective, as well as some helpful practices and conceptualisations that have been developed to help restorative justice be utilised in institutions and in everyday life. In this session we will also do a role play of a restorative justice conference. · Victim Offender Mediation, restorative justice conferencing, family group conferencing, sentencing circles · How is restorative justice different to mediation and arbitration? · Restorative questions · Restorative practices continuum||Readings · Joan Pennell and Gale Burford, Family group Decision Making: protecting Children and Women, Child Welfare (2000) 79(2) pp131 –157 · Pointer, L. (2019) Restorative practices in residence halls at Victoria University of Wellington, New Zealand, Conflict resolution Quarterly, 36: 263-271 · Example of RJ conference video: https://www.youtube.com/watch?v=acRV29SSCaE&t=158s|
|4||What do we know about how restorative justice ‘works’? Restorative justice is often declared to be transformative, but how can we explain how that happens? Sometimes people talk about seeking to understand what happens inside the “black box” of a restorative justice conference. Understanding this requires engaging with emotions and emotional change, rituals and more. We will also watch a documentary in this session, The Worst Thing, and hold a reflection circle afterwards. · Emotional transitions and ritual in restorative justice · Nathanson’s Compass of shame and the Social Discipline Window · The temporality of restorative justice · Memory consolidation and telling stories · Redemption narratives||Readings · 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 · Shadd Maruna, and Derek Ramsden, Derek (2004), Living to Tell the Tale: Redemption Narratives, Shame Management, and Offender Rehabilitation. · Crawford, A (2015) Temporality in restorative justice: On time, timing and time-consciousness. Theoretical Criminology, 19 (4). pp. 470-490. · Bolitho J. Inside the restorative justice black box: The role of memory reconsolidation in transforming the emotional impact of violent crime on victims. International Review of Victimology. 2017;23(3):233-255. doi:10.1177/0269758017714549|
|5||Restorative justice and the criminal justice Restorative justice plays a wide range of roles in the criminal justice system, being potentially present in many different places in the system. We will examine these over the next two sessions, focusing on particular areas where its potential and use is highest. We will take as an example the place of restorative justice in the ACT’s criminal justice system. We will also watch an example of the use of a restorative circle for sentencing in a mock trial of ecocide. · The places we can find restorative justice in the criminal justice system from policing to sentencing to prisons · Example of the ACT Critiques about deterrence and proportionality in relation to restorative justice||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, · Katounas, Jackie and Fred McElrea (2001). Restorative justice in prisons - a New Zealand experience . Wellington: International Corrections and Prisons Association. · Kathleen Daly (2012) The Punishment Debate in Restorative Justice, in Jonathan Simon and Richard Sparks (eds), The Handbook of Punishment and Society · Crimes (Restorative Justice) Act 2004 - ACT|
|6||Restorative justice and the criminal justice system (2 sessions) In this session we continue to investigate the role of restorative justice in the criminal justice system, focusing on a range of different areas in which it has been used. We will do another role play involving corporate crime in this session. · Corporate crime · Juvenile justice · Indigenous justice · Coronial inquiries · Family and sexual violence||Readings · Braithwaite J. Regulatory Mix, Collective Efficacy, and Crimes of the Powerful. Journal of White Collar and Corporate Crime. 2020;1(1):62-71 · 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 · Daly et al (2021), Cost Benefit Analysis of Galambany Court, https://justice.act.gov.au/aboriginal-and-torres-strait-islander-affairs/galambany-circle-sentencing-court|
|7||How is the effectiveness of restorative justice measured? Determining whether restorative justice works requires understanding what it seeks to achieve and whether and how these factors can be measured. We will look at some of the ways in which scholars and policy makers have sought to answer the question of how effective restorative justice is, whilst also being alive to the difficulties of measuring it. · Understanding the evidence base about restorative justice · What do we measure? Recidivism? Increased social capital? Other factors? · Cost benefit analyses · Control trials and meta analyses||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). · Yuendemu Justice and Mediation Committee: Independent Cost-Benefit Analysis: http://www.centraldesert.nt.gov.au/yuendumu-justiceandmediation- committee-independent-cost-benefit-analysis · 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 · Wilson, D., Olaghere, A and Kimbrell, C., Effectiveness of Restorative Justice Principles in Juvenile Justice: A Meta Analysis (2017) National Criminal Justice Reference Service|
|8||Restorative Justice and power Power dynamics are omnipresent in doing and discussing restorative justice. In this session we discuss a number of approaches to conceptualising power that are helpful in engaging in discussions about restorative justice and power. We will also think about whether power imbalances mean restorative justice is never appropriate through focusing on some of the most contentious uses of restorative justice. · Why is understanding power necessary for understanding RJ? · What conceptions of power are helpful? · Addressing power imbalances in restorative justice conferences, approaches and techniques · Restorative justice, race, gender and class||Readings · Harry Blagg (2017). Doing restorative justice ‘otherwise’: Decolonising practices in the global south. In Ivo Aertsen & Brunilda Pali (eds.), Critical restorative justice (pp. 61-78). Hart Publishing. · Dorothy Roberts, ‘Black Mothers, Prison, and Foster Care: Rethinking Restorative Justice’ in Burford, Braithwaite and Braithwaite, Restorative and Responsive Human Services (2019) (Routledge) · Kathleen Daly and Julie Stubbs, Feminist Engagement with Restorative Justice (2006) 10 (1) Theoretical Criminology 9-28 · Colorizing Restorative Justice Voicing Our Realities Edited by Edward C. Valandra, Wa?bli Wap?áha Hokšíla, intro and ch1|
|9||Restorative justice within the international legal framework and in our region Restorative justice has spread to every corner of the globe as a modern phenomena, and many forms of it always existed in the more relational justice systems that characterise many parts of the global South and indigenous communities. After an overview of what the international legal framework provides we will examine restorative justice in Asia and the Pacific. · The International framework for restorative justice · Restorative justice across Asia · Restorative justice in the Pacific||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 · 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.|
|10||Restorative justice in other regulatory spheres Whilst restorative justice is best known in the criminal justice context, it has spread to many different regulatory domains. We will look at a number of these, certainly environmental regulation, and also at the phenomenon of restorative cities that seek to infuse an entire city with a restorative ethos and approach. · Restorative justice in schools, workplaces, universities, hospitals, environmental regulation, restorative enquiries, and restorative cities||Readings Choose three of the following: · 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 · https://www.canberra.edu.au/research/collaborations/ciri/uc-ciri-projects/restorative-health · European Forum for Restorative Justice Comments on the EU Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on Improving Environmental Protection through Criminal Law · Restorative Inquiry: The Nova Scotia Home for Colored Children · 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 · 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|
|11||Restorative justice in relation to societal challenges of the 21st century This session looks at specific application of restorative justice to contemporary challenges. We will look at the scale and the type of the challenge or problem, society’s typical response to it and the alternative restorative response that has been or could be designed, its potential and limitations. We will also watch a film about the use of restorative justice in the context of sexual assault, The meeting. · Family and sexual violence, · Peacebuilding · Extreme violence and terrorism||Readings · Leigh Goodmark, Should Domestic Violence be Decriminalized? (2017) Harvard Journal of Law & Gender, pp53-113 · Lode Walgrave (2015). Domestic terrorism: a challenge for restorative justice. Restorative Justice: An International Journal 3(2): 282-290 · Margarita Zernova (2017). Restorative justice in the Basque peace process: some experiments and their lessons. Contemporary Justice Review 20(3): 363-391. · Brunilda Pali (2018). Restorative justice and terrorism: resisting evil with non-evil? In Security Praxis Collective Blog. https://securitypraxis.eu/restorative-justice-and-terrorism/|
|12||Critiquing and developing restorative justice and other non-adversarial forms of justice Today we focus on understanding the common critiques made of restorative justice? What are some of its greatest challenges? How have these been responded to? How can restorative justice continue to develop? In the second half we think about the way that restorative justice can be seen as part of a growing body of scholarship and practice seeking new ways to create a more just society. We examine here a number of other alternative justice approaches that also seek to heal at the same time as addressing conflict. · Common critiques of restorative justice · Other alternative justice pathways: Transformative, therapeutic, comprehensive justice, justice reinvestment||Readings · Annalise Acorn (2004), Compulsory Compassion: A critique of Restorative Justice chapter 1. · 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: 10.1080/15313204.2018.147482 · 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) · Justice Reinvestment: A Review of the Literature: https://aic.gov.au/publications/rr/rr09 · ‘Introduction’ in Non-Adversarial Justice (2nd edition, 2014) by Michael King, Arie Freiberg, Becky Batagol and Ross Hyams, Federation Press|
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|In-class participation for the entire course (12 classes) (5%) and discussion of a social issue/problem that you would like to consider restorative justice in relation to (5%)||10 %||03/09/2021||*||1,2,3|
|Development of a role play exercise||20 %||25/08/2021||08/09/2021||1,4|
|Research and writing plan and outline for major essay (1000 words)||20 %||09/09/2021||23/09/2021||1,2,3|
|Major essay (4000 words)||50 %||09/10/2021||09/11/2021||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 Task 1
Learning Outcomes: 1,2,3
In-class participation for the entire course (12 classes) (5%) and discussion of a social issue/problem that you would like to consider restorative justice in relation to (5%)
At the start of the course you will nominate a class in which you will present for 5 minutes on the potential application of restorative justice to a social issue, injustice or problem that you are interested in. You are encouraged either to choose a relatively new/emerging issue (fake news, Black Lives matter, #Metoo etc) or else one that you have personally encountered or are particularly interested in. You should discuss why you chose the topic and how a restorative approach to the topic differs from how it is currently dealt with/ could be dealt with.
Assessment Task 2
Learning Outcomes: 1,4
Development of a role play exercise
Students will be required to design a role play exercise involving a restorative approach to a problem of their choice. This will involve creating a scenario and the characteristics of the characters who will be involved in the restorative process as well as providing instructions for the facilitator. The aim is for the role play to be used by a group of students learning about restorative justice (10%). You must also provide a separate written explanation (10%) about why you chose the scenario, and created the characters and facilitators instructions in the way you did 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 in total.
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 of restorative justice chosen by them and approved by the course convener in discussion with the student. The essay must include:
- critical engagement with the concept of restorative justice and the literature; and
- clear application of theory of restorative justice to the topic chosen; and
- discussion of the merits and limitations of restorative justice in the context of the topic; and
- relevant engagement with the issue of the evidence base drawn upon or required to make arguments in relation to 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