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Restorative justice theory
Theoretical best practices for restorative justice
Concepts of restorative justice
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SUMMARY CHAPTER 3 VALUES AND PRINCIPLES OF RESTORATIVE DISCIPLINE Value statements are being developed in schools which are used in their policies and their code of ethics. Many of these values reflect a broader value of restorative justice, which includes respect, truthfulness, dependability, self-control, self-discipline, acceptance, responsibility and accountability. Zerh explains the basic principles of restorative justice; which 1. Focuses on harms and consequent needs (the victims’, as well as the communities’ and the offenders’). 2. Addresses obligations resulting from those harms (the offenders’, but also the communities’ and the societies). 3. Uses inclusive, collaborative processes. 4. Involves those with a legitimate stake in the situation (victims, …show more content…
offenders, community members, society). 5. Seeks to put right the wrongs. Restorative discipline; 1. Acknowledges that relationships are central to building community – Students should be involved in a process of naming the values and principles to live by within their school community. 2. Builds systems that address misbehavior and harm in a way that strengthens relationships – Schools should establish policies to provide a safe place for learning. Policies should reflect the values and principles agreed to by the school community. 3. Focuses on the harm done rather than only on rule breaking – Misbehavior arises out of attempts to address a perceived injustice. Those who are victimized also feel they have been treated unjustly. Misbehavior is an offense against people and relationships, not just rule-breaking. 4. Gives voice to the person harmed – Those harmed must be given an opportunity to have a voice in the resolution of the harm, the immediate safety concerns of the person harmed are primary. 5. Engages in collaborative problem-solving – Misbehavior creates both danger and opportunities for those involved. Family, students, and communities are encouraged to help identify problems and solutions that meet needs. 6. Empowers change and growth – In order for students to change and grow, we must help them identify their needs and assist them in finding alternative, life giving ways of meeting those needs. Conflict prevents opportunity for change if the process includes careful listening, reflecting, shared problem-solving, trust, and accountability structures that support commitments to work at relationship-building. 7. Enhances responsibility – Consequences should be evaluated based on whether they are reasonable, related to the offense, restorative and respectful. At times, persisting in “walking behind” (to let the student know someone is there if needed) rather than “walking alongside” (to monitor or cue the student regarding appropriate behavior) is necessary before a student is ready to acknowledge the harm of a behavior. Restorative discipline yardstick; 1. Focus primarily on relationships and secondarily on rules – Does the proposed response go beyond focusing solely on policy violations? Is equal concern also being given to harm experienced by individuals and the community? What steps are being implemented to ensure the safety of the individuals involved while information is being gathered? How will information be shared more broadly if necessary? 2. Give voice to the person(s) harmed – Does the response address the needs of the person harmed, both immediate victim as well as others who may be affected? Does it allow an opportunity for those harmed to be part of the resolution? Has the person harmed been asked what he or she needs? Has the person been asked what a just process would look like? 3. Give voice to person(s) who caused the harm – Does the response address the needs of the person who did the harm? 4. Engage in collaborative problem-solving – Are the solutions being arrived at collaboratively, meaning that all those affected (or representatives of those affected (or representatives of those affected) by the harm/incident are fully involved? Are all participants represented at the decision-making table? Are all decisions reached collaboratively, with assurance that all voices are heard? 5. Enhances responsibility. 6. Empower change and growth. 7. Plan for restoration. SUMMARY CHAPTER FOUR TOWARDS A RESTORATIVE ENVIRONMENT The peaceable school movement, popularized by educators Bodine, Crawford, and Schrumpf, developed programs for schools that teach conflict resolution education through individual applications (such as anger-management instruction), through classrooms (such as negotiation instruction integrated into curriculum designs), through school-side programs or policies (such as a checklist of restorative policies), and through community programs (such as Big Brothers/Sisters). Restorative discipline embraces the peaceable schools approach, yet focuses more intentionally on restorative practices that can be used when harm is done. Johnson and Johnson report that learning usually, if not always, requires conflict. And, Piaget and others also said, conflict provides the dissonance that energizes the assimilation and accommodation process of learning. When a child is disciplined, a withdrawal is made on the relationship account. This account is compared to a checking account. If you take money out and make no deposits, you become bankrupt. The relationship account is based on respect, mutual accountability, and even friendship established within a caring community. Nelsen, Lott, and Glenn say, and I quote “Research has shown that the greatest predictor of academic success is the students’ perception of ‘Does the teacher like me?’” If children do not feel safe around you, they may not feel safe enough to risk performing academically or care enough to resist draining life from the community. Furthermore, if meaningful relationships are already established before things go wrong, people are likely to be motivated to work out their differences through conversations. Judy H. Mullet research shows that this is also true among children with learning disabilities. Moreover, even though relationship-building may work to create academic success, it is not the only reason we try to cultivate good relationships in schools. It is simply the right thing to do as caring human beings. Brennan Manning notes that there are no neutral actions: in every moment we either drain life or give it. Therefore the choices children make are either life-draining or life-enhancing actions. Restorative discipline provides a framework to support learning communities by modeling and encouraging responsible behavior and discouraging harmful behavior. The process begins with examining the models used not just for children but also for adults: the teachers, administrators, and staff persons. All this is needful so as to make the students also see what they are asked to do been portrayed by the adults as well. Characteristics of peaceable schools 1. Educators as models of restorative practices: What are you modeling in your school? 2. A physical ethos of care in the classroom: What does the environment look like, sound like, and feel like? 3. An emotional ethos of care in the classroom: What are the routines, procedures, and practices in the classrooms? 4. Restorative school structures: What are the mission, policies, and practices of the school community? 5. Conflict Resolution Education (CRE): How is conflict resolution taught in schools? 6. Kindness curriculum: How are habits of kindness directly taught in schools? 7.
From differentiated instruction to differentiated discipline: How is discipline differentiated in various school contexts? FLEXIBLE POLICIES Lorraine Stutzman Amstutz states how schools that claim they are following restorative approaches through their policies in discipline are not necessarily restorative, but have enough flexibility to allow a restorative response. The peaceable schools movement seeks to create and nurture relationships. The restorative arm seeks to mend relationships when they are damaged or broken. References Bodine, J. Richard, K. Donna, and Crawford. The Handbook of Conflict Resolution Education: A Guide to Building Quality Programs in Schools. San Francisco: Jossey-bass, 1998. Print. Brennan, M. (2002). Abba child. Colorado springs: NavPress. Lorraine, A., & Judy, M. (2015). The Little Book of Restorative Discipline (p. 7). NewYork: Good Books. Nelsen, J., Lott, L., & Glenn, S. (2000). Positive discipline in the classroom developing mutual respect, cooperation, and responsibility in your classrooms, 3rd ed. (p. 120). Roseville, Califonia: Prima Publishing. Zehr, H. (2002). The Little Book of Restorative Justice. NewYork: Good
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This essay begins with the introduction of the Risk-Needs-Responsivitiy Model which was developed to assess offending and offer effective rehabilitation and treatment (Andrews & Bonta, 2007). The R-N-R model “remains the only empirically validated guide for criminal justice interventions that aim to help offenders” (Polashek, 2012, p.1) consisting of three principles which are associated with reductions in recidivism of up to 35% (Andrew & Bonta, 2010); risk, need and responsivity. Firstly, the risk principle predicts the offenders risk level of reoffending based on static and dynamic factors, and then matched to the degree of intervention needed. Secondly, the R-N-R targets individual’s criminogenic needs, in relation to dynamic factors. Lastly, the responsivity principle responds to specific responsivity e.g. individual needs and general responsivity; rehabilitation provided on evidence-based programming (Vitopoulous et al, 2012).
In February 2002, the House of Commons passed the Youth Criminal Justice Act (YCJA). The Act came into effect in April 2003, replacing the Young Offenders Act (Mapleleaf). The new legislation attempts to balance the legalistic framework of the Young Offenders Act and the social needs approach underlying the Juvenile Delinquents Act. This goal is apparent in the Declaration of Principle stating th...
Sharon Lewis, Improving School Climate: Findings from Schools Implementing Restorative Practices, (Bethlehem, PA: International Institute for Restorative Practices, 2009).
Blood, P., & Thorsborne, M. (2013). Implementing Restorative Practice in Schools: A Practical to Transforming School Communities. London and Philadelphia: Jessica Kingsley
Many individuals have been affected negatively by trouble makers in school. Troublemakers have either disrupted classes or bullied other students. Yes, trouble makers may harm one’s learning environment, but should they be kicked out of school? Though many individuals argue that troublemakers will not change and hold the class down, they should not be kicked out because they need help. Most of these kids that are disobedient do not know the distinction between right and wrong. We should not withdraw trouble makers from school, rather, we should help these troublemakers and teach them right from wrong. In the article “Let’s Really Reform Our Schools” by Anita Garland, she states that American high schools are disasters because there are troublemakers (694). She asserts that the withdrawal of troublemakers in schools would make the learning environment peaceful for students who want to learn
Weber, G. (2014, January 23). How can we bring respect back into our schools. Retrieved February 25, 2014, from Crisis Prevention website: http://www.crisisprevention.com/Blogs/The-Empathic-Educator/February-2014/How-Can-We-Bring-Respect-Back-Into-Our-Schools
Although we have a general definitions of crime, some criminologists argue that crimes is better placed within the concept of social harm, Stuart Henry and Mark Lanier (1998) as quoted in Muncie, Talbot and Walters (2010). pp 16-17 were leading authors who done just that. Criminologists such as “Tifft, 1995 an...
The problem may be seen as chemical, biological, emotional, intellectual, or social. An essential goal of the justice system is to identify the problem, or problems, and create an appropriate treatment strategy. The practise of incarceration for rehabilitation is based on the notion that the factors causing individuals to resort to unlawful conducts can be changed and that appropriate treatment will reduce offending and reoffending. According to The CSC’s Inmates’ Rights Handbook, in section 11, part
This essay sets out some of the advantages and disadvantages of the concept of 'social harm' hold for the criminologist over that of 'crime'.
The controversial topic about the function of school is discussed at many school board and PTA meetings throughout America. In Anita Garland’s opinion, schools are not functioning properly. Garland states her reasons as to why the purpose of school has to change in her article, “Lets Really Reform Our Schools”, where she starts off by saying, “Desperate illnesses require desperate remedies. And our schools are desperately ill.” She proceeds to list the remedies in order to transform our schools into a more healthy, successful environment. First, Garland claims that the students who are not interested in studying should not be allowed, better yet, never forced to attend school with kids who want to receive
Educational ethics are grounded in traditional community values and a compassion of caring internalized by the educational leader. “Great schools grow when educators understand that the power of their leadership lies in the strength of their relationships” (Donaldson, 2007, p. 29). A clear understanding of the ethics of care and profession encourages a strong foundation of educational leadership. Leading with relationships as well as formal and moral standards creates a learning environment that ultimately supports all learners at a rigorous level. A high level of rigor generates a proud school system and community while concurrently laying the foundation for future
This injustice is commonly referred to as the school-to- prison pipeline. According to the American Civil Liberties Union, “zero tolerance” policies in schools criminalize minor violations of school rules, resulting in resource officers placed in schools lead students to be criminalized for situations that should be handled within the school. Moreover, students of color are three times more likely to be severely punished for their behavior than white students. This discrimination follows the student into young adulthood where they are more likely to be incarcerated. This continuous cycle of entering the prison system and then continuously going in and out of it was discussed in the documentary. Possible solutions that have been discussed to end the school-to-prison pipeline include: police being the last resort in fixing conflict, improving the student to staff ratio, and providing more alternative discipline practices. Recently, more schools are noticing the damaging effects related to taking students out of class for disciplinary reasons and have since came up with alternatives to suspension such as restorative justice, which allows students to resolve conflict through conversations that may include the student, the person the student hurt and their
“Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Restorative justice is a very broad subject and has many other topics inside of it. The main goal of the restorative justice system is to focus on the needs of the victims, the offenders, and the community, and focus
...rs to work with parents and community members to build school effectiveness. Every theory has its place in education and can be applied to multiple situations, none of them more right than the other, they are only different, just like the administrators and educators trying to live and apply them.
When all stakeholders share similar core values and agree on the aims of education, reform efforts stand a better chance for success. Knowledge, skills, critical thinking, and citizenship are core values found at the heart of my beliefs for education. I also believe it is the aim of education to prepare students as contributing members of society. In schools where core values and education aims are revisited due to reform implementation, strategies are identified along with a plan for implementation, monitoring and evaluation. The federal government, state, districts, school leadership, teachers, students and parents all have significant responsibilities to make reform efforts a success.