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Restorative Justice and Trauma: Responding to the Needs and Misdeeds of Young People with Trauma Histories

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• William R. Wood   ORCID: orcid.org/0000-0002-9675-9868 1  

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Young people that offend evidence higher rates of trauma and post-traumatic distress than non-offending peers. Effects of post-traumatic distress also parallel research on some young people that participate in restorative justice (RJ) meetings who struggle with communication, emotionally withdraw, become agitated or defiant, evidence poor understanding of harms they have caused, or fail to demonstrate empathy or remorse. In this paper I suggest post-traumatic distress may explain some variation in RJ process and outcomes hitherto ignored in existing research. I also suggest research on trauma in young people raises four areas of concern for thinking about RJ as a “trauma-informed” practice, including impacts of trauma and post-traumatic distress on (1) oral language proficiency and non-verbal communication; (2) the experience and expression of emotions; (3) offender perceptions of fairness and respect; and (4) difficulties in behavioural changes following participation in RJ meetings. I conclude with discussion of challenges to and suggestions for using RJ as a trauma-informed practice in youth justice settings.

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Suttle mediation refers to facilitated dialogue where parties are not face to face, but in separate locations. The facilitator “shuttles” back and forth between these locations (different rooms, online, or via phone) to conduct the mediation or meeting.

Processes refer to quality and nature of “dialogue, relationship building, and communication of moral values”.

(Presser & Van Voorhis, 2002 , p. 67) that occur within an RJ meeting. Outcomes refer to measurement of the effects of RJ meetings on participants, for example victim satisfaction with offender accountability, participant’s views on procedural fairness and respect, or offender compliance with RJ agreements.

For an overview of conferencing, VOM, and circles see Van Ness and Strong ( 2014 ).

Gray’s ( 2005 , pp. 947–948) research on a youth restorative justice in the UK found, for example, “almost half of young offenders who participated in the programme lived in deprived households, just over a quarter had experienced abuse, [and] a fifth had had their name placed on the child-protection register.”

Fox et al. ( 2015 , p. 164) note, “One of the most significant and recurring findings in the literature is that [serious, violent, and chronic offenders] are disproportionately victims of trauma, abuse, neglect, and maltreatment during childhood, as compared to the less severe or non-offending juvenile population.”

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Wood, W.R. Restorative Justice and Trauma: Responding to the Needs and Misdeeds of Young People with Trauma Histories. Journ Child Adol Trauma (2023). https://doi.org/10.1007/s40653-023-00589-z

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Jaynes, Natalie. "Conceptualising Restorative Justice within Transitional Justice Framework." Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/3783.

Adam, Caitlin. "Urban restorative justice : developing a restorative justice program in the city of Vancouver." Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/23344.

Bennett, Sarah. "Criminal careers and restorative justice." Thesis, University of Cambridge, 2008. https://www.repository.cam.ac.uk/handle/1810/252102.

Koen, Raymond Anthony. "Restorative justice : a Marxist analysis." Doctoral thesis, University of Cape Town, 2005. http://hdl.handle.net/11427/4448.

Marder, Ian Dominic. "Restorative justice and the police : exploring the institutionalisation of restorative justice in two English forces." Thesis, University of Leeds, 2018. http://etheses.whiterose.ac.uk/19578/.

Behtz, Sarah Anne. "Justice for All?: Victim Satisfaction with Restorative Justice Conferences." [Johnson City, Tenn. : East Tennessee State University], 2004. http://etd-submit.etsu.edu/etd/theses/available/etd-1115104-143503/unrestricted/BehtzS121304f.pdf.

White, Vernon. "Restorative justice, resolution of criminal conflict." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ62042.pdf.

Wright, Martin. "Restorative justice and victim/offender mediation." Thesis, London School of Economics and Political Science (University of London), 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.287788.

Janse, van Rensburg Joanna. "Adolescent offenders’ perceptions regarding restorative justice." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/4159.

Doolin, Katherine. "Restorative justice : a crisis of identity? : tensions in restorative justice theory and in restorative responses to youth offending in England and New Zealand." Thesis, University of Kent, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.420822.

Uys, Carmen. "Towards constructing restorative justice : a view of crime, justice and reconciliation." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/30570.

Hicks, Leigh Dezuraye. "Youth Justice Arbitrators' Experiences with Restorative Justice in Rural American Areas." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/3528.

Apollos, Dumisani. "South African criminal justice : a paradigm shift to victim-centred restorative justice?" Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020078.

Stahlkopf, Christina. "Rhetoric or reality? : restorative justice in the youth justice system in England." Thesis, University of Oxford, 2006. http://ora.ox.ac.uk/objects/uuid:c00ef572-167f-4f91-91a1-5687d26972f4.

Clamp, Kerry Leigh. "The receptiveness of countries in transition to restorative justice : A comparative analysis of the role of restorative justice in transitional processes and criminal justice reform." Thesis, University of Leeds, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.531634.

Sutter, Mary Alanna Adkins Amee. "The promise of restorative justice a hermeneutical analysis /." Normal, Ill. Illinois State University, 2003. http://wwwlib.umi.com/cr/ilstu/fullcit?p3087876.

Gal, Tali, and tali gal@anu edu au. "Victims to Partners: Child Victims and Restorative Justice." The Australian National University. Research School of Social Sciences, 2006. http://thesis.anu.edu.au./public/adt-ANU20061114.100521.

Bruce, Jasmine Social Sciences &amp International Studies Faculty of Arts &amp Social Sciences UNSW. "Facilitating restorative justice: a study of conference convenors." Awarded By:University of New South Wales. Social Sciences & International Studies, 2008. http://handle.unsw.edu.au/1959.4/41543.

Broughton, Christopher M. "The Institutionalization of Restorative Justice: A Canadian Perspective." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/23115.

So, Chun-kong David, and 蘇鎮江. "Restorative justice: the future penality of Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B3197904X.

Gavrielides, Theo. "Restorative justice theory and practice : addressing the discrepancy." Thesis, London School of Economics and Political Science (University of London), 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.419228.

Hamilton, Michele Villarreal. "Restorative justice: Reconceptualizing school disciplinary theory and practice." Scholarly Commons, 2008. https://scholarlycommons.pacific.edu/uop_etds/2366.

Lobb, Peggy. "The Art of Caring: Woman and Restorative Justice." Antioch University / OhioLINK, 2010. http://rave.ohiolink.edu/etdc/view?acc_num=antioch1281016936.

Davidson, Claire. "Restorative justice and the prevention of youth reoffending." Thesis, University of Newcastle upon Tyne, 2014. http://hdl.handle.net/10443/2682.

So, Chun-kong David. "Restorative justice : the future penality of Hong Kong /." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22115304.

Gal, Tali. "Victims to partners : child victims and restorative justice /." View thesis entry in Australian Digital Theses Program, 2006. http://thesis.anu.edu.au/public/adt-ANU20061114.100521/index.html.

Richards, Kelly. "'Rewriting history': Towards a genealogy of 'restorative justice'." Thesis, Western Sydney University, 2007. https://researchdirect.westernsydney.edu.au/islandora/object/uws%3A2494.

Richards, Kelly. "‘Rewriting history’ : Towards a genealogy of restorative justice." Thesis, Western Sydney University, 2006. https://eprints.qut.edu.au/200163/1/56482771.pdf.

Ho, Vivian Wei Wun. "How should restorative justice be applied to the Hong Kong criminal justice system?" access abstract and table of contents access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b21324244a.pdf.

Barnes, Olivia Mary. "Restorative justice in the criminal justice system : the McDonaldization of diversionary youth conferencing." Thesis, Ulster University, 2015. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.669225.

Haney, Kyle. "Increasing Victim Satisfaction with Traditional Criminal Justice Systems: Lessons Learned from Restorative Justice." Thesis, University of Oregon, 2016. http://hdl.handle.net/1794/20457.

Christie, Adrienne (Adrienne Elizabeth) Carleton University Dissertation Law. "Restorative injustice? The boundaries of restorative justice at the intersections of gender, race and class, a Canadian focus." Ottawa, 2000.

Etheredge, Corrie. "Willingness to Adopt Restorative Discipline in Schools: An Analysis of Northwest Justice Forum Pre-Training on Restorative Justice and Schools Survey Data." Thesis, University of Oregon, 2014. http://hdl.handle.net/1794/18550.

Dwornik, Ania. "Restorative justice and mental illness : combating the "spider syndrome"." Thesis, University of British Columbia, 2014. http://hdl.handle.net/2429/45769.

Walters, Jenna. "Integrating Restorative Justice Approaches in an Art Therapy Group." Digital Commons at Loyola Marymount University and Loyola Law School, 2014. https://digitalcommons.lmu.edu/etd/60.

Koehler, Kourtney. "School Based Restorative Justice: Philosophical Alignment and Discipline Outcomes." University of Dayton / OhioLINK, 2020. http://rave.ohiolink.edu/etdc/view?acc_num=dayton1597091092116773.

Percival, Christel Skinner. "Testing Braithwaite's theory of reintegrative shaming through data on the circle sentencing program in the Yukon." Thesis, University of Hawaii at Manoa, 2003. http://proquest.umi.com/pqdweb?index=0&did=765883051&SrchMode=1&sid=8&Fmt=2&VInst=PROD&VType=PQD&RQT=309&VName=PQD&TS=1209146237&clientId=23440.

Abramson, Alana Marie. "Bridging the gap: exploring the role of community in restorative justice /." Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2127.

Riley, Kristine. "A Reinterpretation of Restorative Justice through Black and Native Feminisms." Thesis, University of Oregon, 2014. http://hdl.handle.net/1794/18431.

Johnson, Brendyn. "Making Sense of Restorative Justice in the Criminal Justice System: A Study on Crown Attorneys." Thesis, Université d'Ottawa / University of Ottawa, 2018. http://hdl.handle.net/10393/38592.

Becker, Sarah Marie. "Restorative Justice as an Ancient and Appropriate Response to Juvenile Crime." Miami University Honors Theses / OhioLINK, 2006. http://rave.ohiolink.edu/etdc/view?acc_num=muhonors1163717703.

Farooqi, Nadeem U. "Retributive Theory’s Restorative Corollary." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1076.

Kim, Moonkwi. "Essai sur la justice restaurative illustré par les exemples de la France et de la Corée du Sud." Thesis, Montpellier, 2015. http://www.theses.fr/2015MONTD004/document.

Diaz, Gude Ingrid Alejandra. "The growth of an international restorative justice movement : some implications for juvenile justice in Chile." Thesis, University of Leeds, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.416554.

Conrad, Sarah M. "A Restorative Environmental Justice for the Prison Industrial Complex: a Transformative Feminist Theory of Justice." Thesis, University of North Texas, 2015. https://digital.library.unt.edu/ark:/67531/metadc801925/.

To, Yuen-wah Dorothy, and 杜婉華. "Restorative justice: its applicability to young offenders in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B31979075.

Riley, Kristine Erin. "A reinterpretation of restorative justice through Black and Native feminisms." Thesis, University of Oregon, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1566775.

This thesis seeks to reorient the ideological foundations of restorative justice through feminist epistemologies to explore possibilities of how the movement might more fully actualize its values. The Three Pillars of Restorative Justice, conceptualized by Howard Zehr, offer an alternative process to the punitive recourse of the criminal justice system and serve as the foundation of mainstream restorative practices. However, the praxis and analytical discourse have stalled due to the limited binary of criminal and restorative justice frameworks. My thesis uses methodologies prominent in Black and Native feminisms-- such as critical thinking, contextual intelligence, and imagining futurity-- to complicate assumptions embedded in the criminal/restorative justice relationship. I establish the framework of restorative justice and briefly summarize the essential paradoxes to make clear the parallels and limits of the relationship. I then use feminist methodologies to reinterpret the pillars' values and introduce how some activists have begun to reimagine justice.

Rubio, Ryan. "Effective Implementation Practices of Restorative Justice| A Qualitative Case Study." Thesis, University of La Verne, 2018. http://pqdtopen.proquest.com/#viewpdf?dispub=10822810.

Purpose: The purpose of this qualitative case study was to identify strategies related to the successful implementation of restorative justice practices and to uncover the extent to which the strategies decreased off-campus suspension rates and office discipline referrals in five public schools in the San Bernardino City Unified School District.

Methodology: In this qualitative case study, 10 research participants who were involved in the first three years of implementation of restorative justice practices at their school sites were interviewed. Face-to-face interviews utilizing open-ended questions were used to answer the research questions.

Findings: The data identified four major findings related to the implementation of restorative justice practices: (1) 100% of research participants indicated that having restorative conversations with students was a vital strategy that greatly contributed to lowering office discipline referrals and off-campus suspensions; (2) 90% of research participants stated that having district-provided professional development and support was necessary for effective implementation of restorative practices; (3) when comparing the suspension data for the five schools and the district, 80% of schools had significant decreases in the total number of suspensions; and (4) 80% of research participants indicated that adequate time to prepare for and implement restorative justice practices was a significant factor to consider when looking at implementing restorative practices.

Conclusions: Implementation of restorative justice practices can take many different forms. The data presented in this research study agreed with information found in the literature regarding implementation of restorative practices. Having an established restorative justice team, providing training on restorative practices, and assigning someone to support implementation were key components of effective implementation.

Recommendations: While the study brought to the surface several findings consistent with current literature, other areas in need of further research were identified. First, this study could be replicated on high school campuses to see the impact restorative practices may have on lowering suspension rates. Second, research could be conducted on district-level restorative practices like Youth Court. Third, principals’ perceptions regarding the effectiveness of restorative practices could be studied.

To, Yuen-wah Dorothy. "Restorative justice : its applicability to young offenders in Hong Kong /." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22032241.

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Building a community of accountability through restorative justice

In a world where punishment often takes precedence over understanding and growth, it’s time to rethink our approach to justice within our communities. Rooted in retributive systems, where punishment reigns supreme, our schools, workplaces, and even legal systems often fail to address the root causes of harm. As we witness the detrimental effects of punitive measures on individuals and communities, it’s evident that there must be a better way forward. Restorative justice offers a paradigm shift, centering the voices of those impacted by harm and prioritizing accountability over punishment. In this post, I’ll explore how we can build a community of accountability through restorative practices, fostering a space where learning, unlearning, and growth are embraced within the framework of the Strategic Plan for Antiracism (SPAR).

Retributive justice focuses on the person(s) that cause harm, assigning specific measures of punishment. Within this framework, perpetrators are rarely given the opportunity to learn or grow. Prosecutors and judges rarely consider the needs of an impacted family, or how disappearing another community member will affect the community. Instead, our legal processes focus on taking a person who causes harm out of a community, either temporarily or permanently. 

We see this kind of framework being used everywhere in the U.S., including in schools and workplaces. Young children can be introduced into legal systems with lifelong consequences, and adults can lose their income and careers for split-second decisions. In a university setting, we see this play out when our colleagues are suspended, non-renewed, or terminated. Students may experience retribution as a probation or expulsion, or loss of opportunities. Either way, both the individuals involved and the community feel the impact. Gossip quickly spreads, resentment and distrust set in, and fear may hinder those who were otherwise engaged productively in the community. Punishment often leaves us with many more questions than answers. 

Restorative justice asks us to focus on those impacted by harm, rather than the person(s) who caused harm. Restorative practices require individuals and communities to contend with trauma, accountability, and repair. And I believe that we have the opportunity to do this utilizing our SPAR. SPAR is an invitation rather than a mandate. It is an invitation to be in community–learning and unlearning, living our values, and modeling a more just society. We do not imagine an SPH in which community members are fearful of being judged, terminated, or professionally exiled. Instead, we imagine a place where we expect mistakes, welcome feedback, and embrace change.

What I am suggesting is that with SPAR, we cultivate a community with a growth mindset of accountability. One in which we all recognize how important each person’s presence is, and we work collaboratively to learn how to advance antiracism and restore community trust right now. 

This isn’t easy work; nor will it be fast. It has taken me years to unlearn and divest from punishment-based philosophies, and I’m still working at it. However, abolition aligns with the principles of public health. If we recognize that a belief system harms communities, we are required to respond. In this moment and in this community, I see an opportunity to model restorative justice with faculty, staff, and students.

Below are some points to consider as we try to incorporate restorative practices into this work:

• Accountability, according to The Oz Principle , is “a personal choice to rise above one’s circumstances and demonstrate the ownership necessary for achieving results.” Applied to SPAR, we can use this as a call to action, to perpetually hold ourselves and each other accountable for moving the organization forward.
• We are not in a competition; as a community, we are interdependent in our change. 
• Community accountability is support-based rather than punishment-based. We should set aside our defensiveness and welcome feedback as an opportunity to grow.   
• Much of the work is digging in and helping people overcome mental, emotional, and structural  barriers. and beyond.
• We should be in the perpetual practice of supporting and reinforcing these new expectations.

Toward justice,

Lauren Jones Director, Diversity, Equity, and Inclusion UMN School of Public Health she/her/hers

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Home > Thesis Topic: Restorative Justice in Ordinary Rape Cases

Thesis Topic: Restorative Justice in Ordinary Rape Cases

Alexane Guérin, a PhD student in political theory at Sciences Po's School of Research  and the Center for International Research (CERI) was recently awarded a grant by the City of Paris in partnership with the Émilie du Châtelet Institute to conduct field work on gender issues. She tells us more about her research on restorative justice in rape cases.

Three years ago, you began a PhD thesis in political theory at Sciences Po. Why did you turn to research?

Research offers a unique temporality: its long term perspective makes it possible to explore a topic in all its complexity, but it is also guided by a sense of urgency , especially when working on injustice and gender-based violence.

In my case, my research work is driven by a desire for political and feminist transformations : I started my thesis right after the international #MeToo movement started. This movement spotlighted millions of testimonies from victims of sexual violence, but also the need to fully take on questions of justice to answer them. I therefore engaged my thesis work in political theory, precisely because this discipline allows me, as a researcher, to start from the diagnosis of injustice, to provide an adequate intelligibility grid, and to suggest normative possibilities.

Political science made me discover feminist theories when I was doing a Master's at Sciences Po. This was decisive in my choice to pursue a doctoral thesis. The feminist theories corpus puts research in a perspective of emancipation: theories are nurtured through feminist movements, which, in turn, nurtures them, like a praxis. For me, research makes it possible to connect experiential and theoretical knowledge . It makes it possible to show and render intelligible phenomena that are constantly invisible or depoliticized.

Could you tell us more about your doctoral research?

In my thesis work I look at the restorative justice paradigm to meet with the epistemic expectations of victims of ordinary rape. I put forward the notion of “ ordinary rape ” as a new qualification of gender violence in order to make visible non-consensual sexual relations that take place in the intimacy, perpetrated by a loved one, be it a friend, a date, an ex-boyfriend, in an everyday situation. This conceptualisation comes in the wake of the concept of “date rape”, coined by American feminists in the 1980s. However, because of these criteria (everyday life, proximity, potential intimacy), ordinary rape scripts constitute a blind spot in the dominant social imagination that produces the figure of the “ideal victim”, saturated with stereotypes. Victims thus face a set of epistemic injustices , that is to say situations in which their ability to know, transmit and receive knowledge about what they have experienced and suffered is questioned. Whether it is when they seek to label the violence, to testify to their loved ones, or to denounce, they suffer various epistemic harms (testimonial injustices, hermeneutical injustices, silencing, gaslighting, etc.).

These types of epistemic injustices are also found during criminal proceedings. Their anticipation contributes to deterring victims from filing a complaint. In my thesis, I argue that the restorative justice paradigm offers the possibility of resolving to right these epistemic wrongs. Indeed, restorative justice places the agency of the people affected by violence at the core of its process. These people participate voluntarily and focus on the consequences and harm that the deed has had on victims’ lives. This model does not aim to replace the penal system, nor to systematically supplement it. But it can operate independently , since it offers another sense of justice. It offers victims the possibility of being recognised as such, without their credibility being attacked.

How did you use this research grant?

The City of Paris grant allowed me to carry out the field survey which is core to my research . I was able to go to Quebec for six months between January and June 2022 and observe the practices of two restorative justice organisations which operate very differently (in terms of methods, principles, structure, linkage with the provincial Quebec criminal system, type of victimisation, etc.). In the Restorative Justice Services Center ( Centre de Services de Justice Réparatrice - CSJR), I was able to undergo training and ake part in a transformative justice pilot project entitled “sexual violence as collective trauma”. I then interned at EquiJustice for 3 months: there, I observed clinical meetings, team meetings, training sessions, and mediations. I conducted numerous semi-structured interviews with the mediators in charge of restorative justice meetings, but also with criminal lawyers and victims of ordinary rape.

This stay in Montreal was also the occasion of a university exchange with the  Université du Québec à Montréal  (UQAM): I took two seminars in feminist studies, and discussed with researchers from the Institute for Research and Feminist Studies. This field survey and this academic exchange were definitely decisive and crucial steps in my thesis work!

What are your plans for the future?

There is nothing precisely defined yet. My priority is to defend the PhD thesis , most certainly in the fall or winter of 2023. After the thesis, I would like to discuss or even work with victim support associations, feminist associations, lawyers, judges or social workers interested in restorative justice , so that this form of justice is better known and established in France.

Alexane Guérin's thesis, produced under the co-supervision of Astrid von Busekist and Magali Bessone, is provisionally entitled "Giving justice to victims of ordinary rape: the perspectives of restorative justice".

MORE INFORMATION:

• Sciences Po’s Gender Studies Programme PRESAGE
• The Sciences Po School of Research
• The Sciences Po International Research Center (CERI)
• City of Paris Gender Studies Research Grants (FR)

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