Inside the restorative justice black box

Abstract

This paper is concerned with why and how restorative justice works to alleviate the emotional effects of crime on victims. It posits a new explanation for the 'aha' moment; the turning point seen in some, though not all, restorative justice conferences where longstanding, negative emotions and beliefs that have persistently dogged a victim since the crime event, affecting their ability to enjoy the same everyday activities as in their pre-crime daily life, are seemingly eliminated. Focusing on victim experiences, an in-depth analysis of 20 cases collected as part of an empirical study into post-sentencing restorative justice practice after serious crime shows how a typical restorative process can mimic the conditions needed for 'memory reconsolidation', a powerful and adaptive neurobiological mechanism that rewrites emotional memories. The findings suggest that the process of memory reconsolidation is a unique tool in the restorative justice 'black box'. While the use of restorative justice within Western criminal justice systems is routine for juvenile offenders following minor crimes, greater attention should be paid to victimfocused models in the aftermath of crime experienced traumatically; these include postsentencing practices.

A future agenda for environmental restorative justice?

“…In this respect, it is unlike many forms of enforcement reliant on lawyers and other representatives and advocates to act on behalf of the injured party. As theorised in various ways, most notably through Rossner's (2013) work on the micro-interactions that occur during restorative justice processes, restorative justice 'works' in part through emotional involvement of the parties, both with themselves and with each other (also Bolitho, 2017).…”

From ‘what works’ to ‘how it works’ in research on restorative justice conferencing: the concept of readiness

“…The effect would be a re-writing of the damaging implicit emotional memory attached to the crime event and its aftermath, and there should be an immediate sense of emotional shift and release from the negative state. Bolitho (2017) argued that MR may better explain the emotional shifts of victims. While restorative justice scholars suggested particular emotions, such as shame (Pemberton, 2019), to explain the emotional transformation of victims, her finding indicated that 'there is no one particular emotion present, and no one particular sequence of emotions that needs to occur for transformation' (Bolitho, 2017: 248).…”

“…Scholars argued that far less is known about how, in what conditions and for whom restorative justice conferencing works (Bolitho, 2017;Saulnier & Sivasubramaniam, 2015;Suzuki & Wood, 2017b). In particular, Bazemore and Green (2007: 291) noted that restorative justice researchers are 'less than certain about the "independent variable" [of restorative justice] that has most likely produced both negative and positive results'.…”

“…Yet, there is a lack of knowledge about 'how it works ' (O'Mahony & Doak, 2017;Rossner, 2008). Little is known about how, in what conditions and for whom restorative justice conferencing works (Bolitho, 2017;Saulnier & Sivasubramaniam, 2015;Suzuki & Wood, 2017b).…”

Book review: Restoring Harm: A Psychosocial Approach to Victims and Restorative Justice

“…Studies with victims of very minor crimes committed by young people tend to find victims participating for the benefit of the offender (Doak and O'Mahony, 2006), and so it is hard to identify the mechanisms by which victims benefit, if they do at all. On the other end of the spectrum, some researchers focus on transformative cases and the therapeutic effects that some victims experience (Bolitho, 2017). Bolívar's measured and meticulous approach to describing, exploring and theorising about what goes on in the middle ground is precisely what makes it important.…”