Vermont Bar Journal, Vol. 40, No. 2 Summer 2014, Vol. 40, No. 2 | Page 20

SPECIAL ISSUE: Evidence for Restorative Justice 20 make a difference? I return to that after first balancing the narrative by pointing out that not all literature reviews conclude that restorative justice is effective. Indeed restorative justice sceptics still abound. The most recent important contribution of that kind is by Weatherburn and Macadam.7 Weatherburn and Macadam do not consider my own more wide ranging review of the literature,8 but begin their analysis by concluding that many of the early studies have methodological limitations and that the earlier reviews9 show only modest effects on reduced reoffending). No great disagreement there. Having concluded that there is nothing up to 2007 to suggest that restorative justice works very well, Weatherburn and Macadam proceed to review studies since 2007. They found only eight of the fourteen studies from 2007 that passed their tests of methodological adequacy reporting any statistically significant reduction in reoffending.10 None of them concluded that restorative justice made things significantly worse (a different result from earlier reviews that concluded some interventions had made things worse). If one added the results of Weatherburn’s post-2006 studies with the numbers from the earlier studies in the meta-analyses of Latimer et al. (2001), Bonta et al. (2006) and Sherman and Strang (2007),11 the fundamental result would be unchanged—a modest but statistically significant effect overall. That is, the pattern of results in these studies from 2007 on is a rather similar pattern to the earlier work. Indeed, a higher proportion of these post2006 single studies are reporting a statistically significant effect and a lower proportion (zero) a counterproductive effect. So I read Weatherburn and Macadam as providing a broadly similar reading of the facts on a narrower set of findings to my own older more wide-ranging review.12 Weatherburn, Macadam, and I also share some cynicism about meta-analysis in comparison with qualitative diagnosis of many individual studies, which is why we review literatures without doing a meta-analysis. Perhaps I go even further than Weatherburn and Macadam in that regard, in that I am prepared to interpret non-quantitative data, such as that in Braithwaite and Gohar,13 as providing strong qualitative evidence that restorative justice can reduce serious violence with high cost-effectiveness in the most difficult of conditions. Those of us who see limits of a myopic focus on meta-analysis of randomized controlled trials, as in the Cochrane and Campbell collaborations, must concede, however, some important strengths to that approach. One was revealed right at the beginning when I first recruited Lawrence Sherman in 1993 to conduct an independent randomized controlled trial of the restorative jus- tice innovations Terry O’Connell, John McDonald, David Moore, Peta Blood, and others were refining with me in Australia. Sherman asked what my theoretical predictions would be about percentage impacts at different times of follow-up. It was twenty-one years ago so I do not remember exactly the numbers I proffered, though I am sure it was a lower effect size than actually found in Strang et al.14 What I remember is Sherman’s response—“If you only expect an impact as small as that, we will need to randomize many thousands of cases to deliver the statistical power capable of detecting such a small effect.” But of course that is one way meta-analysis comes into its own twenty years later. You can end up with a situation decades on that is exactly the current state of play with the evidence on the effectiveness of restorative justice. Many studies are so methodologically flawed that they should be simply dismissed; many useful studies show statistically insignificant reductions of reoffending on sample sizes too small to have the statistical power required; yet when these data sets are combined, the meta-analysis shows a modest statistically significant reduction of offending from the combined data sets. One study at a time, the Strang et al. studies actually show a lower success rate for restorative justice than Weatherburn and Macadam when “vote counting” based on statistical significance is the approach adopted; it is the combined data sets with their greater statistical power that detects a significant reduction of reoffending.15 Weatherburn and Macadam also implicitly agree with my16 view that the most important thing about restorative justice is whether it puts offenders (and victims) into followup rehabilitation programs that make things better or worse.17 One of the many ways restorative justice can make things worse is by putting young people into programs like boot camps and scared straight programs that worsen reoffending. The most [\ܝ[