Vermont Bar Journal, Vol. 40, No. 2 Summer 2014, Vol. 40, No. 2 | Page 18

by John Braithwaite Special Issue: Evidence for Restorative Justice Rethinking Effectiveness Restorative justice is a way of selecting strategies to respond to challenges like healing the hurts of crime. Empathic empowerment of stakeholders who take turns to speak in a circle are at the heart of its strategy. The evidence is encouraging that restorative justice works better than less flexible top-down state decision making. The effectiveness of restorative justice depends mainly, however, on the efficacy of the intervention strategies that are chosen. It is time to redirect R&D efforts to improving the quality of restorative strategy selection. Asking “Does restorative justice work?” is like asking whether any meta-strategy (a strategy about selecting strategies) works. Consider problem-oriented policing as an example of a meta-strategy. Problem-oriented policing is an approach developed by University of Wisconsin professor Herman Goldstein for improving police effectiveness through examining and acting on the underlying conditions that give rise to community problems. Responses emphasise prevention, go beyond the criminal justice system alone, and engage with other state, community, and private sector actors.1 The evaluation literature is modestly encouraging that when police are trained to use problem-oriented policing their average effectiveness in preventing crime improves.2 Yet the effectiveness of problem-oriented policing in practice is highly variable. Consider a local police unit’s diagnosis of the crime problem in its locality as caused by young black men who sell drugs. They conclude that a good way of solving this problem is to nab a few young black men and beat them senseless in a publicly visible way. This would be a transparently ineffective strategy not only in the sense that it could increase rather than reduce crime, could even trigger city-wide race riots, but also because it would set back other policy objectives like reducing racism in the society. The fact that quite often local police are bound to choose counterproductive local solutions might leave us amazed that the evaluation literature shows modest effectiveness overall. Restorative justice is likewise a metastrategy for selecting strategies. Restorative justice is a relational form of justice for selecting problem-prevention strategies. It 18 empowers stakeholders affected by putting the problem in the center of a circle of deliberation, rather than putting the person alleged to be responsible for it in the dock. As with problem-oriented policing, there is encouraging enough evidence that restorative justice “works” cost-effectively in preventing a variety of injustice problems that include crime prevention. However, the really important evaluation questions around restorative justice are not at the level of meta-strategy, but at the level of the particular strategies that are chosen. So the argument of this paper is that it may now be time to redirect evaluation research attention onto how to improve the quality of strategy selection when we do restorative justice. First, in the next section we consider the latest evidence on the effectiveness of restorative justice in crime prevention. Then we consider its effectiveness in enriching democracy and improving justice in other ways beyond crime prevention, like helping child victims of violence to be safe, secure and empowered with voice within their families. The Latest Evidence on Restorative Justice Effectiveness My book Restorative Justice and Responsive Regulation3 summarizes the evidence on the effectiveness of restorative justice in realizing various justice values, including crime prevention. It is cautiously optimistic. The latest important addition to that literature is a meta-analysis for the Campbell Collaboration on the impact of restorative justice on crime by Heather Strang et al.4 Its conclusions are fundamentally similar to the previous meta-analyses of over thirty tests of the effectiveness of restorative justice by both Latimer, Dowden and Muise5 and Bonta et al.,6 each conducted for the Canadian Department of Justice. All three meta-analyses found a statistically significant effect across combined studies in lower reoffending for restorative justice cases (compared to controls). The difference in the Strang et al. study is greater selectivity, more exacting methodological standards for inclusion in the meta-analysis. Only ten studies were included, all randomized controlled trials. The overall result was the same—a modest but statistically significant crime reduction effect. None of those most intimately involved in the development of restorative justice THE VERMONT BAR JOURNAL • SUMMER 2014 ever predicted huge crime reduction effects because we all saw badly managed conferences that made things worse rather than better. A banal kind of counterproductive restorative justice, for example, is where either the victim or the offender did not turn up, pulling out at the last moment, leaving the other side angrier than they would have been had reconciliation never been attempted. We were disappointed in the extreme weakness of the effectiveness of restorative justice in preventing property crime in the Strang et al. evaluation as those results started to come in, with one Canberra experiment actually finding slightly more crime for the property offenders who went to restorative justice (though not a statistically significant difference). At the same time we were amazed at more than a 40% reduction in reoffending (compared to controls randomly assigned to court) in the first year outcomes of the RISE youth violence experiment in Canberra (which reduced in year two), and even more surprised when a reduction in reoffending in one of the British violence experiments also achieved a 45% reduction in offending over two years. The reductions in the other violence and mixed violence and property experiments in the Strang et al. review are still very substantial, but at about half this level. What we have is some studies (mainly with property crimes) showing disappointingly inconsequential ef