SOCIAL WORK STUDENTS’ KNOWLEDGE AND PERCEPTIONS
OF RESTORATIVE JUSTICE PRACTICES
A Project
Presented to the faculty of the Division of Social Work
California State University, Sacramento
Submitted in partial satisfaction of
the requirements for the degree of
MASTER OF SOCIAL WORK
by
Elizabeth Ridzik
Jessica Valdez
SPRING
2014
SOCIAL WORK STUDENTS’ KNOWLEDGE AND PERCEPTIONS
OF RESTORATIVE JUSTICE PRACTICES
A Project
by
Elizabeth Ridzik
Jessica Valdez
Approved by:
__________________________________, Committee Chair
Dale Russell, Ed.D., LCSW
____________________________
Date
ii
Students: Jessica Valdez
Elizabeth Ridzik
I certify that these students have met the requirements for format contained in the
University format manual, and that this project is suitable for shelving in the Library and
credit is to be awarded for the project.
__________________________, Department Chair
Robin Kennedy, Ph.D.
Department of Social Work
iii
___________________
Date
Abstract
of
SOCIAL WORK STUDENTS’ KNOWLEDGE AND PERCEPTIONS
OF RESTORATIVE JUSTICE PRACTICES
by
Elizabeth Ridzik
Jessica Valdez
The purpose of this project was to explore the perceptions and knowledge of restorative
justice by current social work students enrolled in the Master of Social Work program at
California State University, Sacramento. Eighty-two masters in social work students were
surveyed regarding knowledge and perceptions of restorative justice practices. Little
research has been done to date on social work students’ attitudes toward restorative
justice practices. This topic is important within the field of social work due to the current
job market, the number of individuals who have involvement with the criminal justice
system has created a large number of employment opportunities for social workers. The
survey used likert scale questions regarding the respondent’s perception about the
connection of restorative justice principles with the values of social work. Participants
were also asked about personal beliefs regarding the desired outcomes of interaction with
the criminal justice system. The vast majority of participants reported having little to no
knowledge of restorative justice practices.
iv
This study reinforces the importance of additional education regarding restorative justice
in the social work program at California State University, Sacramento. The implications
for social work policy and practice will be discussed.
_______________________, Committee Chair
Dale Russell, Ed.D., LCSW
_______________________
Date
v
ACKNOWLEDGEMENTS
I would like to thank and acknowledge the following individuals who supported and
encouraged me throughout the development and creation of this project: My husband,
Conan, as well as Lili and Aine who accepted the compromises and sacrifices necessary
for me to complete this process. My parents, Tim and Chris for their constant
encouragement and support. All of my friends who helped me to see the light at the end
of the tunnel. I would also like to acknowledge my thesis partner who helped me to
understand that we would make it through on the days when it seemed like it may be too
much.
Elizabeth Ridzik
I would like to take this opportunity to recognize the people in my life that were there for
me through this process. First, my significant other for providing encouragement,
motivation and a good ear to listen. To my aunty for being my biggest cheerleader! To
my grandparents, my parents and my brother for making sure I know how proud they are
of me. To my puppies, for loving on me in their special way and helping me get through
each day!
Last but not least, to my thesis partner for all her hard work and for always making sure
we were a step ahead! There's no way I could have gone it alone. So thank you.
Jessica Valdez
vi
TABLE OF CONTENTS
Page
Acknowledgements ..................................................................................................... vi
List of Tables ................................................................................................................ x
List of Figures ............................................................................................................. xi
Chapter
1. THE PROBLEM ..................................................................................................... 1
Introduction ........................................................................................................1
Background of the Problem ...............................................................................3
Statement of the Research Problem ...................................................................6
Purpose of the Study ........................................................................................ 6
Theoretical Framework ..................................................................................... 7
Definition of Terms............................................................................................9
Assumptions.....................................................................................................10
Social Work Research Justification .................................................................10
Study Limitations .............................................................................................11
Statement of Collaboration ..............................................................................11
Summary ..........................................................................................................11
2. REVIEW OF THE LITERATURE ...................................................................... 13
Introduction ......................................................................................................13
History of Restorative Justice ......................................................................... 14
vii
Existing Restorative Justice Programs ............................................................ 19
Principles of Restorative Justice and the Alliance with Social Work Values..21
Purpose/ Outcomes of Restorative Justice .......................................................26
Difficulties in Implementing Restorative Justice .............................................30
Current Role of Social Workers in Restorative Justice Programs ...................33
Restorative Justice in Social Work Education .................................................36
Summary ..........................................................................................................37
3. METHODOLOGY ................................................................................................39
Introduction ......................................................................................................39
Study Objectives ..............................................................................................39
Study Design ....................................................................................................40
Sampling Procedures .......................................................................................41
Instruments .......................................................................................................42
Data Analysis ...................................................................................................43
Protection of Human Subjects .........................................................................43
Summary ..........................................................................................................44
4. DATA ANALYSIS ............................................................................................... 45
Introduction ......................................................................................................45
Analysis of Data ...............................................................................................46
Demographics ..................................................................................................46
Knowledge of Restorative Justice ....................................................................49
viii
Perception of the Connection to Social Work Values .....................................51
Connection of Personal Values to Restorative Justice .....................................55
Summary ..........................................................................................................65
5. DISCUSSION ........................................................................................................67
Introduction ......................................................................................................67
Summary of Study ...........................................................................................67
Current Knowledge and Perceptions ...............................................................68
Role of Social Workers ....................................................................................70
Implications for Social Work Practice .............................................................71
Recommendations ............................................................................................72
Limitations .......................................................................................................73
Conclusion .......................................................................................................74
Appendix A. Consent to Participate in Research ...................................................... 77
Appendix B. Human Subjects Approval Letter ....................................................... 80
Appendix C. Survey Questions ....................................................................................82
References ................................................................................................................... 84
ix
LIST OF TABLES
Tables
Page
1.
Table 4.1 Gender of Participants ...................................................................... 46
2.
Table 4.2 Education Level ................................................................................ 47
3.
Table 4.3 Ethnicity ............................................................................................ 48
4.
Table 4.4 Restorative Justice Course ................................................................ 49
5.
Table 4.5 Previous Knowledge Victim Offender Mediation ............................ 49
6.
Table 4.6 Previous Knowledge Family Group Conferencing ........................... 50
7.
Table 4.7 Previous Knowledge Healing Circle................................................. 50
8.
Table 4.8 Previous Knowledge Community Reparation .................................. 50
9.
Table 4.9 Correlation with Value: Dignity and Worth ..................................... 52
10.
Table 4.10 Correlation with Value: Human Relationships ............................... 54
11.
Table 4.11 Correlation with Value: Social Justice............................................ 56
12.
Table 4.12 Outcome: Punishment ..................................................................... 58
13.
Table 4.13 Outcome: Taking Responsibility .................................................... 59
14.
Table 4.14 Outcome: Repairing Relationships ................................................. 59
15.
Table 4.15 Outcome: Reintegration Into Society ............................................. 60
16.
Table 4.16 Outcome: Empowerment of the Victim .......................................... 60
17.
Table 4.17 Outcome: Prevention of Future Offenses ....................................... 61
18.
Table 4.18 Effectiveness: Family Group Conferencing ................................... 62
19.
Table 4.19 Effectiveness: Victim Offender Mediation ..................................... 64
x
LIST OF FIGURES
Figures
Page
1.
Figure 4.1 Education Level .............................................................................. 47
2.
Figure 4.2 Dignity and Worth ........................................................................... 53
3.
Figure 4.3 Human Relationships....................................................................... 55
4.
Figure 4.4 Social Justice ................................................................................... 57
5.
Figure 4.5 Family Group Conferencing ............................................................ 63
6.
Figure 4.6 Victim Offender Mediation ............................................................... 6
xi
1
Chapter 1
THE PROBLEM
Introduction
Restorative justice has developed within different disciplines in recent history.
Due to the position as an emerging practice in various fields there is no universally
accepted, concrete definition. Within the criminal justice system restorative justice is
viewed as a subset, and is used only in specific cases, generally non-violent, juvenile,
first-time offenders. In the field of education the restorative justice model has gained
exposure for its effectiveness as indicated by a decline in suspension and expulsion rates.
The field of social work has experienced a movement towards the acceptance and
incorporation of restorative justice models in practice. Due to the differences in the fields
that are utilizing restorative justice practices it is extremely difficult to develop a
universal definition that will be accepted within all fields. However, Howard Zehr, one of
the leading visionaries in the movement, offered the following framework for restorative
justice
Restorative justice is a process to involve, to the extent possible, those who have a
stake in a specific offense and to collectively identify and address harms, needs,
and obligations, in order to heal and put things as right as possible (2002, p 37).
The traditional criminal justice system generally relies on a punitive model, thus
the shift to restorative practices has been limited. A distinct difference between the
traditional and restorative models is that criminal justice views the crime as a violation of
the law and the state, while restorative justice perceives crime as a violation of people
and relationships. Restorative justice focuses on repairing the harm done as opposed to
2
punishment. Within the criminal justice field restorative models are used in a limited
number of cases, and only those that meet very specific conditions. Generally restorative
practices have been used in non-violent, juvenile offenses. There has been reluctance
within the criminal justice field to use a restorative model in cases that involve violence.
Restorative justice models tend to be viewed as being too soft on offenders and therefore
not effective in many cases.
Social work has played an important role in restorative justice models since their
inception. The position that social workers hold in this rapidly growing area is providing
them the opportunity to be involved in the development of restorative justice programs. A
large number of offenders and their families will be seeking social services in the near
future. It is crucial that social workers who are serving them are well versed in the most
up to date research regarding the population. As culturally competent social workers it is
vital that we are aware of the unique problems that this population will face throughout
the course of working with them.
Social workers have a unique opportunity in the process of integrating restorative
justice into practice. Due to the position of social workers within the field of criminal
justice there is an opportunity to advocate for the use of a restorative model. The current
justice model is essentially a retributive model, meaning that justice is restored through a
unilateral imposition of punishment (Wenzel, Okimoto, Feather & Platow, 2008). This
model does not address the needs of those harmed, including victim, offender, or
community. As an alternative, restorative justice refers to repairing harm through
allowing all parties with a stake in the offense to come together in order to determine how
3
to heal in the aftermath of the offense (Bradt& Bouverne-DeBie, 2009). Currently, the
perception of rehabilitation is often equated with punishment for an offense rather than
focusing on repairing the harm the offense has caused. As a direct consequence
involvement in the criminal justice system can result in further oppressing marginalized
populations as well as placing the victim, offender and the community in a position
where their needs will not be considered in relation to the punishment.
Background of the Problem
According to the Bureau of Justice Statistics bulletin Prisoners in 2012, there
were 1,570,400 individuals who were incarcerated at year-end in 2012 (Schwalbe,
Gearing, Mackenzie, Brewer, & Ibrahim, 2012). In addition to this African American
males are disproportionately over represented and constitute approximately one half of
the currently incarcerated population (Umbreit & Armour, 2011). As social workers it is
our responsibility to not only advocate for marginalized populations but to also serve
those populations that are underserved. Included in the list of underserved and
marginalized populations are juveniles, with an overwhelming rise in rates of juveniles
tried as adults for heinous crimes the focus is on harsher punishment rather than
rehabilitation or reintegration into society. Given these alarming statistics there will be a
need for social workers to work with this population as well as those who are released
each year. The systems in place to work with this population are lacking and have led
many to rely on external systems that tend to emphasize punishment as a deterrent to
crime and perpetuate the indirect consequences of incarceration. As social workers
currently enrolled in the MSW program at California State University Sacramento, the
4
researchers are taught to embrace our clients with an ecological perspective. Taking into
account their current presenting concerns as well as expanding our perspective to
encompass all other systems including macro, mezzo and micro. However, the ideas and
concepts of our current criminal justice system are ingrained and so tightly weaved
through the blanket of society that punishment and dehumanizing the criminal are more
important than repairing and preventing future harms.
Restorative justice emerged as approach to addressing crime that relies on a focus
on repairing the harm caused by the crime. It developed out of practices that were used
by many Native American tribes as well as the Maori people of New Zealand. Many
indigenous societies included ideology based on the idea that all things are interconnected
through relationships, therefore they believed that when there was a violation the
connections were damaged and needed to be repaired. The Maori justice system was built
on the idea that all people are a part of one another. They attempt to repair the standing of
the victim in the event of a violation of the rules of society. The central focus is on
reparation and not eliminating the perpetrator from society (Umbreit & Armour, 2011).
The general current understanding of restorative justice principles was developed
in the 1970’s by a small group of individual activists who sought to challenge the existing
criminal justice system. The first practice in this area was victim-offender reconciliation,
the victim-offender reconciliation program was created in Kitchner, Ontario in 1974
(Roche, 2001). Throughout the 1980s there were few programs established based on a
restorative justice model. In 1994 the American Bar Association officially endorsed
victim offender mediation, which introduced the model to a much larger audience. In
5
2002 the United Nations adopted a proposal entitled “UN Basic Principles on the Use of
Restorative Justice Programs in Criminal Matters” which encouraged the use of
restorative justice practices by member states (Beck, Kropf, &Blume, 2010).
The movement in recent history towards restorative models has put social workers
in the position of having an opportunity to be involved in the development of programs
based on these models. However, it seems that there has been reluctance on the part of
many within the field of social work to become involved in this area. Even within the
academic setting there seemed to be hesitance when it comes to getting involved in the
movement towards adopting restorative justice models in working with offenders and
others impacted by the offenses. This led the researchers to want to find out more about
what was the cause of this reluctance within our colleagues. Anecdotally we noticed that
many social workers made comments about the need for punishment and expressed
concern that restorative justice may be too soft on crime. It was surprising to the
researchers and left us wondering if we could find out more about the perceptions that
new social workers have regarding the use of restorative justice models. Education about
restorative justice principles is not currently a graduation requirement in the Master’s in
social work program at California State University Sacramento. Therefore, unless
students seek out additional information on this topic it is unlikely there will be a
significant change in their understanding as students and when they are working in the
field.
6
Statement of the Research Problem
The criminal justice system is currently overwhelmed with the number of
individuals who are involved in the system. It is the often the role of social workers to
work with clients who are in the criminal justice system themselves, or are impacted by
individuals who are. Master’s in Social Work programs have not included much content
regarding working with this population at all within the curriculum. Based on the role
within the criminal justice system, restorative justice is an ideal way to involve social
workers within this area. This is an area of social work practice that includes very little
mention within the current course curriculum. This often means that social workers
graduating from the program at CSU Sacramento are ill equipped to work with this
vulnerable and unique population in a manner that fulfills the requirements set forth in
the NASW Code of Ethics. The researchers set out to determine the current level of
understanding of the topic of restorative justice within the MSW program at California
State University Sacramento.
Purpose of the Study. The purpose of the study was to determine the degree to
which California State University Sacramento is preparing graduates of the Master’s in
social work program to work competently with a restorative justice program. The
researchers set out to determine the level of knowledge that individuals who are currently
in the MSW program have about the existence and effectiveness of restorative justice
programs. The benefit of determining the level of knowledge of restorative justice
practices is that the information can be used to open a dialogue about the inclusion of
restorative practices into existing courses in the social work department. This can assist
7
the students in becoming well rounded social workers with an understanding of more of
the growing areas within the field.
Theoretical Framework. Ecological systems theory and conflict theory are the
basis on which much of the restorative justice models were formed. The Ecological
systems theoretical framework is based on the principle that the human development is
impacted by many interrelated multi-level systems. The ecosystems perspective was first
introduced into the field of social work in 1973 by Carel Germain. This theory is
consistent with the person in environment worldview of social workers. Ecosystems
perspective also incorporates the idea of adaptation into the theory. Adaptation refers to
the idea that people use various processes to achieve a better fit between themselves and
the settings in which they exist. Individuals and systems are always adapting within the
larger environment (Germain & Bloom, 1999).
The criminal justice system was created to deter crime and to punish individuals
who committed crimes. However we need to understand the larger systems at play when
individuals commit crimes that get them involved in this system. As social workers we
should look at this individual differently than the criminal justice system would look at
them. Social workers should be able to use a theory like ecosystems theory to help
understand why an individual is involved in the criminal justice system without laying
the blame all on the individual who is involved.
Conflict theory is another theory that is related to the ideas that were used to
create restorative justice models. Conflict theory argues that problems are social and
structural as opposed to individual, so they can be solved only through social change, not
8
individual changes (Johnson & Rhodes, 2010). While it may seem inconsistent to base
this model on both ecosystems theory and conflict theory as they are not necessarily
consistent with one another in many ways, the researchers will argue that there are
aspects of both of these theories within restorative justice. Conflict theory argues that
there is no unification between systems but instead that all social systems are divided
based on power. While ecosystems perspective is based on the interconnectedness among
the systems involved in an individual’s experience and conflict theory is based on the
idea that those in positions of power are dominating an individual.
Social workers coming from an ecosystems perspective sought to change the
unequal distribution of power that was present in the criminal justice system and seeking
to use the ecosystems theory to develop a better model. This model would be restorative
justice. Restorative justice models take into consideration the systems involved in an
individual’s life and the impact that these have had on the person. They seek to correct
the power that has been exerted over that individual in the past. All stakeholders have a
role in restorative justice and all parties are seen as important pieces of the whole.
From the social constructionist perspective, it is important to recognize how crime and
criminal behavior have been defined by society, specifically by individuals of power and
with the authority to make laws that identify certain behavior as offensive. As culturally
competent social workers, maintaining an open perspective that emphasizes
understanding for those that face the multilayered barriers due to a label such as criminal,
perpetrator or offender, is crucial when working with such populations. Furthermore, it is
the responsibility of social workers to stay aware of current policies as well as various
9
systems that may further impact the populations we serve. Through the social
constructionist lens, maintaining a certain level of awareness of the ability of special
interest groups that “mobilize mass communications to influence the values of others
through moral crusades targeted toward certain behaviors, such as drug use, homosexual
relations, assisted suicide, … and so on, can significantly affect what kinds of behavior
are defined as acceptable or criminal.” (Henry, 2009, p.2) As a consequence, the
behaviors that are deemed deviant and criminal directly affect the type of punishment
received.
Definition of Terms. Restorative Justice- A process to involve those who have a
stake in a specific offense and to collectively identify and address harms, needs, and
obligations, in order to heal and put things as right as possible.
Victim offender conferences- a process that provides interested victims an opportunity to
meet their offender, in a safe and structured setting, and engage in a mediated discussion
of the crime (Beck, Kropf, & Blume, 2010).
Family Group Conference- A restorative process that supports families in decision
making and interaction, brings together juveniles, parents or guardians, extended family
members, social service professionals, community members, and other stakeholders to
make decisions (Bazemore & Schiff, 2005).
Circles- A restorative practice that brings stakeholders together to work through
problems, can be used to end disputes, address conflict, foster relationships, and
strengthen community (Abramson & Moore, 2001).
10
Retributive Justice- A system of criminal justice based on the punishment of offenders
rather than on rehabilitation (Stevenson, 2010).
Criminal Justice- The system of law enforcement that is directly involved in
apprehending, prosecuting, defending, sentencing, and punishing those who are suspected
or convicted of criminal offenses (Stevenson, 2010).
Assumptions. The primary assumption is that restorative justice is not adequately
integrated into the social work curriculum at California State University Sacramento in
the Social work curriculum at the Master’s level. Based on literature, restorative justice is
tied closely to the ethics that should be held by all social workers as written in the NASW
Code of Ethics. There is also the assumption that the demand for social workers to work
within the criminal justice system is a fast growing area. Thus, it is important that social
workers who work within the area should be competent regarding information that
impacts the field that they are working in. Restorative justice models are being
implemented in many different areas of social work and it is important that social
workers be aware of developing research and use it to improve their practice. Restorative
justice has been incorporated into the criminal justice field as well as the school setting
and in some cases within child welfare systems.
Social Work Research Justification. The justification for this study is to improve
the level of understanding of restorative justice principles and thus increase the
competence for new social workers in the field regarding restorative justice. There has
been research done on the use of restorative justice models in many different fields within
social work, therefore new social workers would benefit by being exposed to restorative
11
justice principles while in an educational setting. This study seeks to determine the
importance of incorporating restorative justice principles into the required coursework
curriculum at California State University Sacramento. Connecting the social work values
to the principles of restorative justice will connect the social work field with the growing
body of work regarding restorative justice.
Study Limitations. The primary limitation of this research is that this research is
focused on studying the integration of material about restorative justice within the
curriculum of the California State University Sacramento Social Work graduate
department. The knowledge and perceptions of MSW students at CSU Sacramento was
assessed using a self-report survey of MSW I and MSW II students. This project did not
go beyond CSU Sacramento and did not study students in any other schools regarding the
knowledge or perceptions of restorative justice. The researchers were not able to analyze
the content of curriculum in any other universities beyond CSU Sacramento.
Statement of Collaboration. Both Jessica Valdez and Elizabeth Ridzik
collaborated in the problem formulation for this study, the literature review, designing the
study, data collection, data analysis, and completion of the writing of this project.
Summary. Chapter one served as an introduction to the topic of this research
study. This chapter included a discussion on the background of the problem, statement of
the research problem, the purpose of the study, the research questions, the theoretical
framework utilized in examining the topic, definitions of terms used in this study,
assumptions, justifications, and limitations of the study, as well as a statement of
collaboration of the researchers. Chapter two reviews current literature that addresses this
12
topic. Specifically, chapter two explores the history of restorative justice, as well as the
connections to the core values of social work. There is discussion of the current role of
restorative justice within social work education programs. Chapter three describes the
methodology of the study and chapter four examines the data gathered in the study. The
final chapter, chapter five, summarizes the findings and describes the conclusions which
are drawn using the data.
13
Chapter 2
REVIEW OF THE LITERATURE
Introduction
The concept of restorative justice has received an increasing amount of publicity
over the course of the past twenty years. However much of the research that has been
done in this area has come from the field of criminal justice. There has been very limited
research from within the discipline of social work. Van Wormer (2006) found only five
articles while searching the heading “restorative justice” in social work abstracts. There
are a number of research articles that have been published since that time, however this is
an indication that this is an area that is early in the development stage within social work.
The review of literature surrounding the issue of restorative justice will consist of
seven sections that will assist in creating a more complete understanding about history
and current practices. First we will discuss the history and background of restorative
justice, including what restorative justice is and how it was developed. The next section
will review existing restorative justice programs and the specific practices that are
included within these models. Section three will cover the core values of social work, as
taken from the NASW Code Of Ethics, and the connection to the restorative justice
model. Section four will discuss the outcomes of the existing restorative justice programs
and information that has been found regarding the effectiveness of these programs.
Section five will present some of the difficulties in the implementation of restorative
justice models. Section six will examine the role of social work within existing
restorative justice programs. The final section will then move into a discussion about the
14
way that restorative justice is taught within social work education, as well as some of the
ways that restorative justice is perceived in the field.
History of Restorative Justice
The concepts that developed into the restorative justice framework originated in
the 1970’s. There was a movement away from the traditional criminal justice system that
was born out of frustration with the existing court based system (Wenzel et al, 2007).
Restorative justice principles can actually be traced back further than this, as far as
eleventh-century England when crime was viewed as a conflict between individuals that
would be handled by repairing the harm caused (Umbreit, Vos, Coates, & Lightfoot
2005). The principles of justice in many Native American tribes also were based on the
idea of restoration, or repairing the harm that was caused by a violation. While restorative
justice is often discussed as a relatively new field it was notable that there have been
many groups that have practiced forms of this long before the current understanding of
the concept of restorative justice was created.
In the 1970’s restorative justice was started in our current understanding of the
concept through victim-offender reconciliation programs (VORP). The first VORP in the
United States was in Elkhart Indiana in 1978. While this program existed for many years,
restorative justice became more widely accepted in the 1990’s. In 1994 the American Bar
Association endorsed the use of restorative justice, which made the use of restorative
justice practices more accepted (American Bar Association, 1994). In 2002 a proposal to
the United Nations titled “U.N. Basic Principles on the use of Restorative Justice in
Criminal Matters” was adopted. This encouraged the use of restorative justice principles
15
by U.N. member states and established some basic standards for restorative justice
practice (United Nations, 2000).
Howard Zehr, one of the founders of our current understanding of restorative
justice programs, presented the idea of restorative justice as a new way to approach crime
and justice. He aimed to focus on a crime as a violation of people and relationships and
thus shift the focus to what could be done to make the violation right (Zehr, 2005). The
approach that was developed in the 1970’s was an early move toward victim-offender
mediation. Throughout the 1980’s there was further movement to adjust the focus back
towards repairing the harm of the crime for the sake of the victim and away from the
desire to punish and lock away the offender. There was the belief that if individuals were
going to be living in the same setting in which the initial violation occurred then nothing
would change unless the entire approach was adjusted. The purpose of restorative justice
can be described as facilitating community healing by repairing the harm that results
from crime (Ward & Langlands, 2009).
The current approach to criminal justice can be referred to as retributive justice.
Retributive justice refers to a system that attempts to repair justice “through unilateral
imposition of punishment” (Wenzel et al, 2008). The agreement of the victim is not
necessary in our current system, neither is the agreement of the offender. The punishment
can be decided by a court whom is thought to represent the interests of the victim, and the
emphasis is placed on punishment. Restorative justice practices differ from retributive
justice, in restorative justice the attempt is to involve the entire community and provide
an opportunity for the victims to be included in the process (Choi, Bazemore, Gilbert,
16
2012). Restorative justice has three primary objectives which are, to address who was
harmed, what their needs are, and what should be done to rectify the harm (Braithwaite,
2002; Zehr, 2005).
Restorative justice has been presented as the antithesis of our current approach to
justice. The phrase retributive justice refers to the emphasis of the criminal justice system
to focus on the offender “getting what they deserve”. The emphasis or focus of
restorative justice is meeting the needs of the victim and the offender. “Restorative justice
is a perspective of healing that is future focused” (Lehmann, Jordan, Whitehill Bolton,
Huynh, & Chigbu, 2012). Restorative justice can be seen as similar to solution focused
brief therapy in that they are both goal driven, rely on a deliberate use of strengths-based
language, and have a focus on relationship building as opposed to being paternalistic and
adversarial. The person/offender who participates is empowered and invited to solve their
problems as opposed to being told how to change. Rather than focusing on why problems
exist with an over-emphasis on deficits, a proactive set of skills ask victims and/or
offenders what they want and how they will behave once they achieve their desired
outcomes. (Lehmann, et al., 2012, p.52). Restorative justice allows for a more
humanistic approach and becomes the vehicle to which reparation of the relationship
between the community and offender(s) can occur.
Restorative justice practices differ depending on who is providing the services
and what the desired goals are of the program. However, there are several models that are
included in many restorative justice programs. The most commonly referenced model is
victim-offender conferencing, also referred to as victim-offender mediation.
17
Victim offender mediation
This model focuses on bringing together victims and offenders of crime with a
trained professional present to facilitate the conference. There is dialogue between the
victim and the offender regarding the specifics of the case. The victim is asked to
describe the impact of the crime to the offender and a discussion about the crime will
follow (Van Wormer, 2009, Dzur, 2011). This process should be victim centered,
concerned most with the impact on the victim in order for it to be most effective. This
often requires extensive training in order to become trained as a professional facilitator.
The practice of victim offender mediation is often the most widely publicized restorative
practice. It is crucial that if an individual victim or offender is going to participate that it
be completely voluntary and that effort is put into ensuring that all parties are heard.
Family group conferencing (FGC)
Family group conferencing is another widely used model of restorative justice.
This process is used to bring families together usually for decision making purposes,
often in cases of child protection involvement, or in cases when a juvenile has committed
a crime. The purpose of this process is to include the extended family in decision making.
This process also uses a trained facilitator to run the conference. The group together
works to reach an agreement as to an acceptable plan to address the issue and move
forward. The conference should begin with the strengths of the family and throughout the
process seek to build skills and find resources that will enhance these further. The process
should be focused on reaching a consensus of all participants in order to be most effective
(Beck, 2012). The emphasis, within this practice, on strengths as opposed to deficits
18
aligns this with the values of social work. This encourages the focus on the strengths and
resiliencies of the family or group.
Restorative/ Peacemaking Circle
A circle is another practice of restorative justice. This process is sometimes
referred to as a healing circle or a peacemaking circle. A peacemaking circle brings
together victims, offenders, community members as well as family and friends of both
victim and offender, and a facilitator. The desired qualities of the facilitator are consistent
with values of social work practice including a non-judgmental approach, respect, and
empathy. A healing circle will include multiple victims or survivors who gather together
to support one another through the trauma of a crime. A peacemaking circle is similar to
FGC but it includes more participants from outside of the family. It reaches into a broader
community (Van Wormer, 2009). The peacemaking circle can incorporate a larger group
of the community in order to promote healing on a larger scale.
Community Reparation
A practice of restorative justice that was rarely mentioned in literature was that of
community reparation. This is a macro level practice that involves a violation having
been committed by an entire population or a state and the reparation is therefore on a
much larger scale. This practice is often used in cases of war crimes, mass murders and
crimes against humanity. The primary importance of this practice of restorative justice is
that it recognizes the personal impact of political crimes on entire groups of people (Van
Wormer, 2009). In the case of a community reparation the harm that was done to the
19
large population is addressed and something is agreed upon to make a restitution for the
harm that was caused.
Existing Restorative Justice Programs
Restorative justice exists in many different forms and has been used for a
multitude of cases. There have been applications ranging from micro to macro levels of
practice. As discussed restorative justice practices got their start in our current
understanding of practices in the 1970’s and has been developing and gaining acceptance
slowly since that time. There have been programs that integrate restorative justice models
at many different levels and throughout many different social systems or institutions
through the years.
Currently in the U.S. there are 393 victim-offender mediation programs, 227
community board programs, ninety-three family group conference programs, and
seventeen sentencing circle programs (Dzur, 2011). Twenty nine states have legislation
regarding the use of victim-offender mediation. These states vary in the ways that
restorative justice is handled. Seven states, Delaware, Indiana, Kansas, Montana,
Nebraska, Oregon and Tennessee have statutes that include comprehensive guidelines for
the use of victim-offender mediation. The specific statutes differ in each of these states
however they each include authority for state agencies to provide VOM and guidelines
for what the programs should include. Seven states, Arkansas, Louisiana, Minnesota,
Ohio, Oklahoma, Texas and Virginia each have statutes providing authority for VOM but
they do not include a detailed framework for what they should include. Nine states
Alabama, Arizona, California, Colorado, Iowa, Missouri, North Carolina, Washington,
20
and Wisconsin have a basic statutory provision for VOM, this allows for the state to
include VOM as an option but provides no details or requirements for the program. Seven
states, Alaska, Florida, Illinois, Maine, New Jersey, New York, and Vermont have
statutes that authorize the use of restorative justice dialogues but they do not discuss
VOM within their state code. Twenty one states as well as the District of Columbia had
no mention of VOM within their state codes as of 2002. (Umbreit et al, 2005).
Victim offender mediation is an example of how restorative justice principles are
used within states at the micro level. These methods are used with individual clients in an
attempt to rehabilitate them or in order to help the victims of crime to heal and recover
from the trauma of a crime. There are also examples of how restorative justice principles
have been practiced at a macro level to repair the damage caused on a larger scale.
Community reparation is a model of restorative justice that operates at a macro level.
Community reparation includes violations that have been committed by a whole
population, or in some cases the state. This has included wartime persecution, slave labor,
and mass murder in previous cases. There have been more than thirty truth commissions
that were established to investigate a pattern of abuses committed against a population.
This macro level practice includes principles related to feminist standpoint theory in that
they focus on bringing together the personal experience with the political crimes that
were committed. (Van Wormer, 2002).
The International Institute for Restorative Practices (IIRP) published an article in
2009 entitled, Findings from Schools Implementing Restorative Practices. The research
highlighted the results of six schools located in Pennsylvania that implemented
21
restorative practices, the school settings ranged from urban to rural and disadvantaged to
middle class. All six schools in this study witnessed substantial declines in the following
areas: suspensions, expulsions, disruptive behavior, reoffending, violence and discipline
referrals generally (Lewis, 2009). Similarly to the findings of the IIRP on restorative
practices in schools in Pennsylvania, more locally, the Restorative Justice for Oakland
Youth (RJOY) has been recognized for their efforts in stream lining the Oakland
initiative in restorative practices. RJOY has been the flagship for violence prevention and
implementing restorative justice practices in schools, communities, legislatively as well
as in other arenas.
Principles of Restorative Justice and the Alliance with Social Work Values
The primary principles of restorative justice are that crime is a violation of people
and interpersonal relationships, these violations create obligations, and that the central
obligation is to put right the wrongs (Zehr, 2002). These principles have been used to
create many different programs based on a restorative justice model. The principles of
restorative justice are closely connected with the values of social work as presented by
National Association of Social Worker’s Code of Ethics.
NASW Code of Ethics
The National Association of Social Workers established a code of ethics in order
to codify the values that are connected with social work practice in 1960. There was a
revision to the code in 1969. The second code was adopted in 1979. The current code was
adopted in 1996 and included a mission statement and six core values that the mission is
based on. These values are service, social justice, dignity and worth of the person,
22
importance of human relationships, integrity and competence. (Beck, Kropf, & Blume,
2010).
The empowerment approach is often presented as the basic framework for all
social work practice. The NASW Code of Ethics states “The primary mission of the
social work profession is to enhance human well-being and help meet the basic needs of
all people with particular attention to the needs and empowerment of people who are
vulnerable, oppressed, and living in poverty” (NASW, 2012). Restorative Justice is
connected to the empowerment approach through returning the conflict to those who
were directly involved. The victim of a crime is given a voice in a way that retributive
justice does not do. Empowerment theories are based on returning power to individuals
and groups who often have little to no power. Restorative justice gives these individuals a
voice and therefore returns some of the power to those who were directly impacted. For
instance, while facilitating a conference for intimate partner violence, it is imperative that
the facilitator be well-informed in order to adopt procedures that will address the unequal
power distribution. It is also an integral part of the conferencing process to engage the
community, family and friends to have a greater impact on restoring the victim’s safety,
autonomy and agency (Hayden, 2012). Solution focused-brief therapy (SFBT) also
focuses on empowerment and personal growth (Lehmann et. al). This is intended to
provide all clients with the opportunity to create their own solutions and be empowered to
make the decisions themselves.
Service. The ethical principle of service presents the expectation that social
workers will work to help people in need and to assist in addressing social problems.
23
Individuals who participate in restorative justice practice models often do so in order to
increase involvement in their community. This sense of community has been diminished
through turning away from participation and allowing larger systems to determine what
will happen in the community. (Umbreit & Armour, 2011). Restorative justice practice is
a way that individuals in the social work profession have worked to address the social
problems that exist within the criminal justice system.
The role of the professional is different within restorative justice than it is in other
areas within the field. The facilitator is often the one who assists the stakeholders in
organizing the meeting, however the facilitator maintains a non-invasive position within
the restorative meeting. The facilitator should see the role as one of service, they are not
the primary focus of the restorative justice meeting. This has allowed restorative practices
to avoid falling into the trap of professionalization that is becoming more common in the
field currently. (Sullivan & Tifft, 2004)
Social Justice. Social justice is one of the core values in social work practice.
Gumz and Grant (2009) described social justice as “distributive in nature, meaning scarce
resources in society are distributed with a focus on equal opportunity for all (p. 121). This
relates to the principles of restorative justice. Restorative justice has to do with providing
fairness to all people involved, justice is provided to the victim, the offender, and the
community. The emphasis on fairness in treatment in regards to the law is strongly
related to the concept of social justice as understood by the NASW. The role of social
workers within the area of criminal justice should be to continue to work towards social
justice for the clients that they work with.
24
The challenge to social workers getting involved within the criminal justice
system to facilitate restorative justice principles is to avoid becoming an instrument of the
criminal justice system. The role of social workers does not include challenging
correctional strategies (Bradt & Bouverne-De Bie, 2009). However, based on the Code of
Ethics there is an expectation that a social worker will work to find ways to make
correctional strategies more consistent with social justice. Many times for social workers
this can mean translating the correctional standards to a more humane and rehabilitative
social work perspective thereby creating opportunities for change. It is included within
the principle of social justice that social workers will challenge inequalities. Restorative
justice does that by challenging the inequity created by the criminal justice system.
Injustice has been created within the criminal justice system based on the factors
of economics, gender, class, and race. Due to the fact that principles of justice have not
been enforced equally based on these factors, social workers should attempt to create a
more equitable system for all people. Social justice principles require the social worker to
be involved in the creation of a system that establishes equity in the distribution of
resources. (Van Wormer, 2002).
Dignity and worth of the person. Social workers are, according to the Code of
Ethics, expected to respect the dignity and worth of all persons. Restorative justice
models all emphasize the importance of inclusion of all stakeholders, thus attempting to
create a healing experience for all parties. It is important to note that this is not intended
to be healing only for the victim, but instead should assist in healing the victims,
offenders as well as all interested community members. The methods included in
25
restorative justice practices provide the best opportunity for all people to be heard, thus
recognizing the worth of all people.
Importance of Human Relationships. Restorative justice principles are also very
connected to the importance of human relationships. Social workers involved in
restorative justice programs work towards reestablishing and improving the relationships
that have been damaged through the violation of the rules or expectations of society.
Encouraging the participation of victims and offenders in restorative justice programs
allows for the repair of the community and the relationships that may have been
damaged.
Social workers have a unique perspective and ability to assist those within the
criminal justice system. It is crucial that social worker’s keep the ethical principle of
helping to understand the importance of establishing human relationship when dealing
with the clients who we work with. It can be difficult within a criminal justice system
which so thoroughly dehumanizes people to make sure to emphasize the importance of
healthy, connected relationships with other people.
Integrity. The ethical principle of integrity is related to both the importance of the
trustworthiness of the restorative justice practices as well as the importance of honest and
open disclosures between the participants. The criminal justice system values punishment
and exclusion from society, as opposed to communication between the parties involved.
The importance of the principle of integrity is declared through the restorative justice
student judicial model at Skidmore College. This is used on the campus to assist in
26
addressing student misconduct and the title that it was given is the “Integrity Board”
(Karp, 2004).
Competence. The principle of professional competence requires that social
workers continue to learn about advances or research that is being done in the field of
social work. There has been a great deal of research in the field about the effectiveness of
restorative justice models. As professionals social workers should continue to incorporate
the new research into their practice. Nugent, Williams, and Umbreit (2004) found in their
meta-analysis on the prevalence of subsequent delinquent behavior after participation in
victim-offender mediation that the results tentatively suggested a relationship between
VOM participation and reduced delinquent behavior.
Purpose/ Outcomes of Restorative Justice
There are several outcomes of restorative justice that have been documented in
the recent literature. Victim satisfaction with the process as well as with the outcome was
one purpose that was looked at in many of the articles. Another purpose was improving
the community and repairing the social relationships between all parties. Another
outcome that was discussed in several articles was reducing the recidivism rate. Reduced
recidivism, however, was presented in some of the articles as an outcome that should not
be tied to the justification for the use of restorative justice.
The evidence regarding victim satisfaction with restorative justice programs
found that there was a higher level of satisfaction among victims who completed
restorative justice versus those who completed court based retributive justice (Wenzel et
27
al, 2008). The difficulty in determining satisfaction of the victims was related to how the
studies were conducted.
Choi, Bazemore, and Gilbert (2012) reported that crime victims felt that they were
more likely to feel heard, and have their questions answered after participating in
restorative justice programs. It was found in their review of the research of victims’
experiences that the outcome or feeling of the victim was most related to the quality of
the interaction between the victim and the offender.
Choi, Green, and Gilbert (2011) ran a qualitative study using observation and
interviews with VOM participants. In this study it was found that some victims felt
pressured to participate or to forgive the offender. These pressures were related to a
negative experience on the part of the victim. They found that if the victim willingly
participated and if the experience was facilitated in a positive way the victim was much
more likely to report having a positive experience.
Umbreit, Vos, Coates, and Lightfoot (2005) found that the key factors that were
associated with reported victim satisfaction were, the victim felt good about the mediator,
the victim perceived the restitution agreement as fair, and that the victim had a strong
initial desire to meet the offender. They found that the higher the level of agreement with
these conditions initially the higher the satisfaction was post participation.
Studies conducted on satisfaction of participants of family group conferencing
found that it received ratings of 73% into the high 90% range. Umbreit et al (2005)
reported that the least helpful factor of FGC was a negative attitude of parents
28
participating in the program. This study reported that over 90% of victims and offenders
who participated would recommend the group conferencing program to others.
As De Beus, and Rodriguez (2007) reported, a meta–analysis of thirty-five studies
found that there was a significantly higher level of satisfaction reported by victim and
offender participants in restorative justice programs than any other justice system
alternative. These authors found that the higher levels of satisfaction could be attributed
to the connectedness experienced by the victim and offender during mediation.
Improving the community, and repairing the damaged relationships was another
outcome of restorative justice that was measured in some of the studies on the restorative
justice model. Public participation in the community has decreased sharply in previous
years and becoming reengaged in the process is something that will likely take a great
deal of relearning as a society. In order to get a greater buy-in in the restorative justice
movement it will likely take some amount of reengagement in the civil process. Moving
away from the tendency to view criminals as well as victims as an “other” is a
meaningful way that people can be brought into the restorative justice movement. The
state needs to be involved in catalyzing the community to become more involved in
restorative justice. (Dzur, 2011).
As Umbreit, et al (2005) discussed there has to be a shift in the larger community
and their understanding of criminal justice, as there was in Washington County Court
Services near St. Paul Minnesota. In this county there was a great deal of emphasis
placed on education and training. The partnership between the community members and
29
the officials helped to establish the groundwork for the adoption of a restorative justice
model.
Group conferencing models are used in order to involve victims and offenders as
well as other community members in a dialogue that is aimed on repairing the harm
caused through the offense. Conferencing is used not only to repair the relationship
between the victim and the offender but equally to assist all of those who attend from the
larger community. Conferencing puts the emphasis on the entire community and focuses
on repairing the damage done among the larger population (Moore, 2004).
The impact of restorative justice on recidivism rates was seen as a controversial
potential outcome throughout the literature on the topic. Some of the research used
recidivism rate as the indication that restorative justice is effective while other studies
looked only to victim satisfaction as the indication of success. This makes the comparison
of the results of different studies very difficult. Due to the fact that there are different
outcomes being measured it is nearly impossible to compare the results of different
models of research (Takagi, Shank 2004).
Some authors felt that recidivism rates was the most effective outcome to look for
when determining the effectiveness of the restorative justice models while others felt that
the potential to lower recidivism rates creates a system where restorative justice is used as
a subset of criminal justice. These authors seemed to believe that in order for restorative
justice to be effective there needs to be a paradigm shift that will create a change in the
way that the entire criminal justice system is run. McAlinden (2011) argues that
restorative justice has been corroded by its partnership with retributive justice. Based on
30
the attempt to fit within the constructs of the traditional retributive model of criminal
justice, restorative justice methods lose much of the traditional focus.
Ward and Langlands (2009) describe the goals of restorative justice as being
abstract, such as repairing harm, and restoring relationships. Because of this primary
focus it can be difficult to find evidence supporting the effectiveness of the model. They
argue in their work that restorative justice should be maintained as a separate field from
rehabilitation, despite the fact that there is some overlap in ideologies between the two
areas, they believe that the blending of the two creates a murky area where restorative
justice loses its distinct meaning.
Difficulties in Implementing Restorative Justice
There are many justifications given for a negative perception of restorative justice
programs. The difficulties in improving public perception of restorative justice have
contributed to reluctance to implement new restorative justice programs. The perception
of restorative justice has been shaped by many things throughout the existence of the
programs. It has proven to be very difficult to improve the public perception of
restorative justice without first making changes to the entire criminal justice and
correction system.
One difficulty in incorporating restorative justice ideals into our correction system
is the pressure to avoid being seen as soft on crime. In the United States there has been a
shift towards more zero-tolerance policies and sentencing from a “three- strikes you’re
out” way of thinking. It can be extremely challenging to change the thought process that
goes along with retributive justice. The idea that there are certain crimes that are seen as
31
being too risky to participate in rehabilitation has made the shift to restorative justice
more difficult (McAlinden, 2011).
Despite the fact that the effectiveness of restorative justice programs is evidence
based this has not been enough to bring public support to the use. There has been a
continued push for revenge, particularly following a highly publicized or particularly
brutal case. The media gets involved in cases and often sensationalize the term victim in
an attempt to get people interested in following the case. They demonize the offender in
an attempt to rationalize vengeful and increasingly harsh punishments (Nugent, Williams,
& Umbreit, 2004).
The change in public opinion will most likely be the most effective way to
measure the success of restorative justice programs. In order for restorative justice to be
more widely used for more types of crime it will need to become more accepted by the
public. The tendency towards “populist punitiveness” makes it difficult for restorative
justice programs to take hold (Dzur, 2011). Populist punitiveness refers to the process of
major political groups to compete with one another to be seen as being tough on crime.
Based on the fact that restorative justice is presented as being too soft on criminals it has
been difficult to convince the general public to support the use of the model. This was a
concern that was raised by many individuals throughout the research who were skeptical
about the use of restorative justice models as an alternative to existing punitive models. It
is difficult to gain support for a program when it is extremely challenging to find
politicians or public officials who will support it out of concern that they will lose public
support.
32
There was a question that was addressed several times in the literature regarding
the use of a restorative justice model in cases involving intimate partner violence, or
gendered violence. Van Wormer (2009) discussed the difficulties in gaining support for
using restorative justice in cases involving intimate partner violence. Retributive justice
models create difficulties for the victims of intimate partner violence based on the
ideologies of absolute justice, the tendency to require victims to participate in a way that
they may not feel comfortable with. Based on feminist standpoint theory it can be
extremely beneficial for a victim to have control over the process and be able to make
decisions regarding how they want the case to proceed. Allowing the victim to tell a
personal narrative is one way to include the victim in a non- adversarial way that can
improve the perception of the individual involved in the case.
The reluctance to use restorative justice in cases of intimate partner violence is
due to the fact that there is often an imbalance of power that is present in cases of IPV,
this imbalance of power can create an experience where the victim may feel re-victimized
through the process of restorative justice. Restorative justice cannot be effective in cases
where the victim does not feel safe through the process (Hayden 2012). Hayden
researched whether the use of restorative justice would increase reporting of intimate
partner violence. She used qualitative methods to conduct this research. This research
supported the use of restorative justice in cases of IPV as long as safety considerations
were given a high priority. Much of the literature regarding intimate partner violence
suggests that victims are generally experiencing an unequal or unfair power distribution
and that if well informed professionals are aware of this power differential they can be
33
better prepared to create a safe and effective family group conference. Where the unequal
distribution of power can be challenged and the less powerful can be supported. In
alignment with the ethics and values of social work it is imperative that the facilitator not
only recognize the client’s preferences but value them as well. The research concluded
that the use of restorative justice offered more choices to the victims and therefore
increased the sense of justice and fairness offered by the criminal justice system. It is
absolutely crucial to the process that the facilitator is well trained in working with
individuals who have experienced intimate partner violence in order to avoid causing the
victim to feel revictimized by the process. The offender needs to participate in a way that
does not reinforce the power differential that is present in cases of intimate partner
violence (Proietti-Scifoni & Daly, 2011).
Current Role of Social Workers in Restorative Justice Programs
Currently there are many different restorative justice models that are operating
with a variety of populations. The role of social workers within this developing area has
at times been a contentious position. Burford and Adams (2004) described the difficulties
in combining the role of the social worker as empowering with the role of coercion, or
control of behavior that is required for the position within the criminal justice field. It is
often necessary to use coercion to get offenders to participate in restorative justice. Due
to the involvement of the criminal justice system there is often an incentive to participate
in restorative justice in order to reduce or eliminate the punitive consequences of the
justice system. This coercion to participate can be a difficult position for social workers
who would like for our clients to be empowered to participate in services of their own
34
free will. At times it is difficult for a social worker to participate in the empowerment of a
client who is participating in services based on coercion. It is a challenge that social
workers are struggling to overcome, particularly in working with a population of
offenders.
Coercion can provide social workers with the ability to get individuals to
participate in restorative justice models. Androff (2012) discussed the Greensboro Truth
and Reconciliation Commission, which was a community based restorative justice
intervention that was used to resolve decades of division following an incident of racial
violence that occurred in 1979. The incident involved the KKK and American Nazi Party
shooting into a crowd at a social justice rally, killing five and injuring ten others. The
perpetrators were acquitted of all criminal charges. Although participation in this
commission was completely voluntary several of the perpetrators did come forward to
participate. The limited participation left many of the victims feeling that reconciliation
was not truly achieved. There was very little that could be done to increase the level of
participation due to the fact that the criminal justice system was not involved in the case.
Thus the coercive power of social workers working within the criminal justice system can
create an environment where more people will participate in a restorative justice
program.
Mandatory sentencing laws can create a situation in which individuals are serving
sentences that are extremely long and intended only to be punitive. This is an area that
social workers can be involved in advocating for the best outcome for all clients. It is
35
important that the individual be considered in sentencing and social workers can have a
role in advocating for that outcome in the criminal justice system.
Social Workers have had an active role in implementing and operating restorative
justice programs throughout the years. Many restorative justice programs have been
implemented with an incarcerated population of offenders. Due to the access that social
workers have to work with incarcerated populations much of the implementation of
restorative justice models is left to social workers. Thus it is of vital importance that
social workers get involved in the policy discussion regarding the use of restorative
justice. There has long been reluctance on the part of the discipline of social work to
participate in the policy aspect of restorative justice, largely, it seems, because it is seen
as better left to the field of criminal justice. However, if social workers do not become
more engaged in this conversation the policy decisions will be made without the input of
the field of social work. Social workers have a unique perspective and experiences that
can inform their ideas and should be involved in the policy decisions. Therefore, it is the
role of social workers to act as agents of change within the criminal justice system and to
challenge the punitive based system with opportunities of restoration.
Currently social workers role in restorative justice programs is developing. The
shift towards restorative principles is a dramatic change within the system of criminal
justice. Characteristically, society as well as the criminal justice system have maintained
the perspective of offender responsibilization. Bradt and Bouverne-De Bie state, “The
burden tends to remain on individuals to atone for or change their behavior, rather than
on the state to recognize that it also has a responsibility to its citizens (Demesmaecker,
36
2010). Solely blaming the offender and mandating a harsh punishment is consistent with
the idea that putting a bandaid on cancer will diminish or void the cancer altogether. As
in many professional realms it is the role of the social worker in this case to implement
change, to provide the opportunity for different methods than are generally used to work
with people.
Restorative Justice in Social Work Education
There was limited information about the availability of restorative justice within
the curriculum of social work education programs. Van Wormer (2006) addressed the
importance of involving students in social work programs in education revolving around
restorative justice practices if social work input is desired. It was suggested that there
should be a presentation of restorative justice material in all courses throughout the
masters in social work program. Van wormer discussed the possibility of including field
placements in locations that offered restorative justice programs, as well as integrating
material into research courses in order to analyze the type of survey techniques that have
been used in the field. Policy analysis courses are an ideal setting to discuss and analyze
restorative policies, as well as introduce students to the existing policies that address
social work and its role in the retributive justice system that is in place. Practice courses
have the opportunity to teach students about the theories behind restorative practices and
give them the opportunity to learn about how to integrate restorative justice principles
into the work that is being done in the field.
Within the social work education setting there is an opportunity to incorporate
information about restorative justice into many of the existing required courses. Currently
37
this is not what is being done. Research on the involvement of restorative principles in
existing social work programs has been extremely limited. Social work education has an
opportunity to get involved in this practice at this relatively early stage. Social work is
best described as a constantly evolving field and the most effective way to facilitate this
evolution is to create an educational opportunity for new social workers to learn about
methods that will incorporate the values of social work into diverse areas of practice.
Based on the available research this is an area that is lacking in terms of teaching about
restorative justice.
Summary
Due to the position of the social worker within the ever growing field of criminal
justice, there is an obligation to ensure that social workers are being exposed to the best
practices for working with that population. Evidence has shown that the satisfaction rates
of participants in restorative justice programs are much higher than those who participate
with the current retributive justice models. In research findings both victims and
offenders who participated in restorative models reported much higher levels of
happiness with the outcomes than those who did not have that opportunity. The research
also highlighted the use of restorative practice within the areas of education as well as
within the family court system.
Due to the alignment of the values of social work to the values included within
the restorative justice models it is an ideal fit for involvement with the social work
profession. The core value of social justice is demonstrated through restorative justice
practice and creates an opportunity for social work involvement in the development of
38
new programs that are based on the shared values. Social workers have the opportunity to
create a better system that will aid a clearly underserved population, the research
demonstrates the connection between these values. Education about restorative justice
models has proven to be the best way to increase acceptance of professional social
workers of the model.
39
Chapter 3
METHODOLOGY
Introduction
The research design and the methodology used for this study are described in this
chapter. The participants, including the criteria used to determine the qualifications to
participate in the study are reported, along with a description of the sample population
and the sampling technique. This chapter also includes the instrumentation used to collect
the data and the reporting method. The final section describes the steps taken to protect
the human subjects.
Study Objectives
In the review of literature it was discussed the ways in which restorative justice
principles are congruent with the values of social work. However it is often the case that
it is neglected and that it is rarely discussed or even mentioned within the required
courses in the master’s in social work curriculum at California State University
Sacramento.
The purpose of this study is to determine the level of knowledge and awareness
that MSW students, currently in the graduate study program at CSUS, have on the topic
of restorative justice. There are currently increasing opportunities for employment with
offender populations and their families, due to this the researchers saw a need to conduct
a study in order to determine how the curriculum is preparing students to work with these
populations. This study will also assess the attitudes of MSW students in regards to the
topic of restorative justice and connections to the NASW Code of Ethics.
40
The study hypothesis is that the attitudes and perceptions of the current MSW
students will demonstrate a limited understanding of restorative justice and its
fundamental alignment to the values expressed in the Code of Ethics. The desired
outcome of the researchers is to generate discussion regarding the incorporation of
restorative justice principles into the required curriculum of the MSW program at CSUS.
Study Design
The design of this study is an exploratory, quantitative, descriptive design. The
data will assess the current curriculum in the following ways 1) determining the students
access to restorative justice principles, 2) evaluating current MSW students knowledge of
restorative justice and 3) measuring the students beliefs about the correlation between
restorative justice principles and social work values. The aim of this study is to determine
the current level of knowledge and exposure that MSW students at CSUS have to the
restorative justice model.
According to Rubin and Babbie (2005) exploratory research designs have as the
primary goal the intent to provide readers with a beginning familiarity with a topic. There
is a significant amount of research on the topic of restorative justice in existence.
However, there is no research on the perceptions of restorative justice from the
perspective of California State University Sacramento MSW students. Due to the lack of
research on this information this is exploratory research with the goal of attaining a basic
understanding of students knowledge and perceptions of the topic.
The survey design is a questionnaire, the participant reads the questions and
provides a response without the researchers involvement. Dudley (2011) described these
41
types of questions as being easy to answer without assistance from the researcher. Many
of the survey questions use a likert scale in order to answer. Rubin and Babbie (2005)
described the value of likert scaled questions coming from the fact that there is
unambiguous ordinality in the response set.
There are several weaknesses to using survey research that were considered in
selecting this method of data collection. According to Rubin and Babbie (2005) survey
research, while it has a relatively high level of reliability, it is noted for its lower validity.
The lower validity is due to the self-report nature of survey research. Respondents may
not represent themselves accurately on a survey for a number of reasons. It can be
difficult to determine the justification for the responses on a self-report survey. Due to the
fact that convenience sampling was used the results cannot be generalized to the
population because it may not be representative of the study population (Neuman &
Kreuger, 2003). These weaknesses were considered when this research tool was selected.
There are benefits of using self-report surveys that were considered. The larger
number of respondents can assist in making the findings more generalizable than the
results found in qualitative methods. It is possible to get a larger sample size using this
method of research. The fixed answer set aids in limiting the possible responses for each
of the questions that can assist in making it possible to find connections in the data.
Sampling Procedures
Participants will be contacted through professors at CSUS. The sample type will
include currently enrolled MSW I and MSW II students at CSUS. The researchers will
explain the nature of the project including voluntary participation and confidentiality. A
42
survey will be handed to them personally by the researchers and will be collected
immediately after completion. Eighty-one MSW students currently enrolled at CSUS
consented to participate and completed the survey. This included students who were
enrolled in 235a and 204c courses. The population included individuals of varying ages,
genders, and ethnicities.
Criterion sampling was the design used for this study (Marlow, 2005). The criteria
was that the participants be registered in the Master’s of Social Work program at
California State University Sacramento. This sampling method was chosen in order to
identify the classes that were invited to participate in the research. Four classes were
given the surveys and asked to participate in the research. There were two classes of
MSW I students and two classes of MSW II students.
In consideration of confidentiality and safe handling, consent forms were obtained
before the survey was completed. The participants were assured that their information
and answers will be kept anonymous. The researchers are interested in the answers to the
survey and not the identity of the respondents. The survey does not ask for any
identifying information. The survey form and consent form were collected and stored
separately. Surveys as well as consent forms and any other data will be destroyed upon
approval of the project from the department of graduate studies.
Instruments
The survey used for the research consisted of ten questions (see Appendix C). The
survey contained four demographic questions. The first four questions addressed the
participant’s previous knowledge or understanding of restorative justice. There were then
43
three questions that presented scenarios that describe restorative practices and asked
participants to rate the degree to which they felt that the practice was related to a given
social work value. These questions are rated on a likert scare that ranges from completely
consistent to not at all consistent. There is a question that asks participants to determine
three of the outcomes of responding to an offense from a list of six given options. The
final two questions described sample restorative uses and then asked the participant to
determine, on a likert scale ranging from more effective than current practices to less
effective than current practices, the effectiveness of the practice.
In this case we utilized closed ended questions, this makes it much easier for data
to be gathered and analyzed. The concern with using these questions is that they do not
allow the participants to create their own answers (Marlow & Boone, 2005). Due to the
use of closed ended questions there is a potential to limit the answers that the respondents
give to the survey questions.
Data Analysis
The data gathered was transported into an SPSS file. The researchers personally
input the information into SPSS for statistical testing and analysis. Frequencies of the
independent and dependent variables were analyzed.
Protection of Human Subjects
The researchers’ Human Subjects Application, protocol number 13-14-028 was
submitted to the Division of Social Work Human Subjects Review Committee in the fall
2013 semester and was approved as exempt. The application discussed the voluntary
nature of the study. Each participant was given a consent form (Appendix B). This
44
explained the purpose of the survey, the procedures, risks, benefits, compensation, and
the right to not complete the survey. The confidentiality of the participants was
maintained by storing the signed consent form separate from the completed surveys.
Confidentiality was upheld by not collecting names or identifying information.
The completed consent forms were stored separately from the completed surveys. The
researchers and the researchers’ thesis advisor were the only people who had access to
the completed surveys during the completion of the project. The data will be destroyed
after the project is filed with Graduate Studies at California State University, Sacramento.
Summary
This section was designed to present an overview of the research purpose and
design, instrumentation, and methodology for collecting and analyzing data. A
discussion of the variables was included within the discussion. The population and
sample were discussed, along with any challenges presented during the procedures. Data
analysis methods were also presented along with how human subjects were protected to
ensure a high ethical standard during the course of the research study. Data analysis will
be the focus of the following chapter.
45
Chapter 4
Data Analysis
Introduction
This chapter will analyze the results of the survey. The analysis will include an
examination of the demographics of the participants as well as the responses of the
participants to the perception regarding restorative justice practices. The knowledge of
restorative justice according to self-report questions will be examined. The perceptions of
MSW students regarding the desired outcome of involvement with the correction system
will also be discussed.
The purpose of this study is to determine the level of knowledge and awareness
that MSW students, currently in the graduate study program at CSUS, have on the topic
of restorative justice. There are currently increasing opportunities for employment with
offender populations and their families, due to this the researchers saw a need to conduct
a study in order to determine how the curriculum is preparing students to work with these
populations. This study will also assess the attitudes of MSW students in regards to the
topic of restorative justice and connections to the NASW Code of Ethics.
The basis of this research study was to identify the importance of having a social work
presence in the implementation of restorative justice programs. In addition the purpose of
this research study was to highlight the alignment of social work values and ethics with
that of restorative justice principals, in order to reinforce the immediate need for social
workers in the field of restorative justice.
46
Analysis of Data
Data was analyzed according to the following themes: Demographics, student’s
knowledge of restorative justice, perception of the connection to social work values,
connection of personal values to the values included in restorative justice. This chapter
will include an analysis of the frequency of responses to the survey.
Demographics
A total of 82 first and second year Masters of social work students were surveyed
for this study. Of these participants a large majority were female, 86% (n=70), while 14%
(n=11) were male.
Table 4.1: Gender of Participants
Frequency
Percent
Valid Percent
Cumulative
Percent
Valid
Missing
Total
male
11
13.4
13.6
13.6
female
70
85.4
86.4
100.0
Total
81
98.8
100.0
1
1.2
82
100.0
System
The levels of participants in each of the groups, MSW I and MSW II, were
relatively similar. MSW I students represented 52.4% (n=43), and MSW II students
represented 46.3% of the respondents. There was one student who did not respond to this
question, which represented 1.2% of the total participants.
47
Table 4.2: Education Level
Edlevel
Frequency
Percent
Valid Percent
Cumulative
Percent
Valid
Missing
MSW1
43
52.4
53.1
53.1
MSW2
38
46.3
46.9
100.0
Total
81
98.8
100.0
1
1.2
82
100.0
System
Total
Figure 4.1 Education Level
48
The question regarding the ethnicity of the participant allowed the individual to
write in their own response. This was done in order to avoid limiting the response choices
of the participant. Due to this there was a large variety in the responses that were
recorded on this demographic question. The largest represented ethnicity was Caucasian
with 51.2% (n=42), the next was Hispanic with 14.6% (n=12), followed by African
American with 8.5% (n=7). Beyond that there were no responses that represented more
than 3.7% of the population independently.
Table 4.3 Ethnicity
ethnicity
Frequency
Percent
Valid Percent
Cumulative
Percent
Caucasian
42
51.2
54.5
54.5
African American
7
8.5
9.1
63.6
Indian
2
2.4
2.6
66.2
Chinese
1
1.2
1.3
67.5
European American
1
1.2
1.3
68.8
12
14.6
15.6
84.4
mixed
3
3.7
3.9
88.3
Vietnamese
2
2.4
2.6
90.9
Other
1
1.2
1.3
92.2
Asian
1
1.2
1.3
93.5
Hmong
2
2.4
2.6
96.1
Native American
1
1.2
1.3
97.4
Mexican
2
2.4
2.6
100.0
77
93.9
100.0
5
6.1
82
100.0
Hispanic
Valid
Total
Missing
Total
System
49
Table 4.4 Restorative Justice Course
RJ course
Frequency
Percent
Valid Percent
Cumulative
Percent
yes
6
7.3
7.3
7.3
no
72
87.8
87.8
95.1
4
4.9
4.9
100.0
82
100.0
100.0
Valid
not sure
Total
Knowledge of Restorative Justice
Participants were asked to self-report knowledge and awareness of restorative
justice. There was a question that asked if the participant had taken a course on
restorative justice. There were 72 participants who responded that they had not taken a
course in restorative justice (87.8%), and only 7.3% who had taken a course in restorative
justice. The next question asked participants if restorative justice had been mentioned
previously in any of their Master’s in social work courses at CSU Sacramento.
(information %). Participants were then asked to check off which practices of restorative
justice they had knowledge or experience with. The options that were provided were 1)
Victim offender mediation, 2) Family group conferencing, 3) Healing circle and 4)
Community reparation.
Table 4.5 Previous Knowledge Victim Offender Mediation
Frequency
Valid
Percent
Valid Percent
Cumulative Percent
no
61
74.4
74.4
74.4
yes
21
25.6
25.6
100.0
Total
82
100.0
100.0
50
Table 4.6 Previous Knowledge Family Group Conferencing
Frequency
Valid
Percent
Valid Percent
Cumulative Percent
no
65
79.3
79.3
79.3
yes
17
20.7
20.7
100.0
Total
82
100.0
100.0
Table 4.7 Previous Knowledge Healing Circle
Frequency
Valid
Percent
Valid Percent
Cumulative Percent
no
69
84.1
84.1
84.1
yes
13
15.9
15.9
100.0
Total
82
100.0
100.0
Table 4.8 Previous Knowledge Community Reparation
Frequency
Valid
Percent
Valid Percent
Cumulative Percent
no
67
81.7
81.7
81.7
yes
15
18.3
18.3
100.0
Total
82
100.0
100.0
Based on the responses to the questions about knowledge of models of restorative
justice practice the researchers were able to conclude that the majority of students did not
have much knowledge of what restorative justice is. The practice that had the largest
number of students familiar with it was victim offender mediation with 26% of
respondents familiar with the practice. The restorative practice of family group
conferencing had a level of 21% of respondents familiar with the practice. Community
reparation had a rate of 18% of respondents who stated they had familiarity. Healing
circles were the least known restorative practice by the respondents with only 16%
claiming familiarity.
51
If you have previous knowledge about restorative justice, what do you understand it to
be?
There was a short answer question for those who had knowledge of restorative
justice to briefly explain what their understanding of it was. Many participants left this
blank, however there were a few responses that were included that indicated knowledge
of several different restorative practices.
Perception of the Connection to Social Work Values
Questionnaire Statement: Based on the Social Work Code of Ethics, the following
statement is consistent with the core value of dignity and worth of a person: “It is
imperative to consider the needs of all parties impacted by the offense.”
In analyzing the frequencies of responses for each likert category it was shown
that 92.7% (n=76) found the statement, “It is imperative to consider the needs of all
parties impacted by the offense”, somewhat consistent or completely consistent with the
social work value of dignity and worth of a person, 4.9% (n=4) were undecided, and
1.2% (n=1) found it somewhat inconsistent. One participant did not respond to this
question which accounted for 1.2% of the total responses.
52
Table 4.9 Correlation with Value: Dignity and Worth
Frequency Percent
Valid Percent Cumulative
Percent
somewhat inconsistent 1
1.2
1.2
1.2
undecided
4
4.9
4.9
6.2
somewhat consistent
26
31.7
32.1
38.3
completely consistent 50
61.0
61.7
100.0
Total
81
98.8
100.0
Missing System
1
1.2
Total
82
100.0
Valid
53
Figure 4.2 Dignity and Worth
Questionnaire statement: Based on the Social Work Code of Ethics, the following
statement is consistent with the core value, importance of human relationships: “The
most important fact about crime is that it causes harm to individuals, their families, and
communities.”
A total of 46.3 % (n=38) of respondents found the statement, “the most important
fact about crime is that it causes harm to individuals, their families, and communities”, to
be completely consistent with the social work value of the importance of human
relationships. Another 35.4% (n=29) found the statement to be somewhat consistent with
54
the value. There were 8.5% (n=7) who found the statement to be somewhat inconsistent
and another 2.4% who found it not at all consistent. This left 6.1% (n=5) who were
undecided on the connection of the statement to the value of the importance of human
relationships.
Table 4.10 Correlation with Value: Human Relationships
Frequency Percent
Valid Percent Cumulative
Percent
not at all consistent
2
2.4
2.5
2.5
somewhat inconsistent 7
8.5
8.6
11.1
undecided
5
6.1
6.2
17.3
somewhat consistent
29
35.4
35.8
53.1
completely consistent 38
46.3
46.9
100.0
Total
81
98.8
100.0
Missing System
1
1.2
Total
82
100.0
Valid
55
Figure 4.3 Human Relationships
Questionnaire Statement: Based on the Social Work Code of Ethics, the following
examples are consistent with the core value of social justice: “To repair the harm caused
by criminal behavior and to challenge traditional ideals to crime and punishment.”
Connection of Personal Values to Restorative Justice
In analyzing the responses to the questionnaire statement about the connection of
restorative justice to the social work value of social justice the researchers found that only
36.6% (n=30) found the statement, “repair the harm caused by criminal behavior and to
challenge traditional ideals to crime and punishment”, to be completely consistent with
56
the value of social justice. Another 39% (n=32) found it to be somewhat consistent with
the value. There were 3.7% of the population who found the statement to be somewhat
inconsistent, and a total of 14.6% who were undecided on this statement and the
connection to the value of social justice.
Table 4.11 Correlation with Value: Social Justice
Frequency
somewhat inconsistent
Valid
Percent
Valid Percent
Cumulative
Percent
3
3.7
3.9
3.9
undecided
12
14.6
15.6
19.5
somewhat consistent
32
39.0
41.6
61.0
completely consistent
30
36.6
39.0
100.0
77
5
82
93.9
6.1
100.0
100.0
Total
Missing System
Total
57
Figure 4.4 Social Justice
Connection of Restorative Justice Values to Personal Values
Participants were then asked to indicate what they found to be the most important
outcomes of an offense. There were six possible responses and participants were asked to
choose the three that they found most important. The options were, 1) punishment for the
offense, 2) taking responsibility for the offense, 3) repairing relationships between
victims, offenders and their communities, 4) reintegration of offender into society, 5)
empowerment of the victim or those harmed, 6) prevention of future offenses.
58
Punishment for the offense
The majority of the participants in this research determined that punishment for an
offense was not one of the most important outcomes of dealing with the offense. There
was 82.9 % of the participants who marked that they do not consider punishment to be
their primary interest in outcome. Of the participants, 17.1% (n=14) responded that
punishment was one of the most important outcomes to them. All 82 participants
responded, either by checking the box next to the statement to indicate the choice of this
outcome, or leaving it blank to indicate a negative response to this.
Table 4.12 Outcome: Punishment
Frequency
Percent
Valid Percent
Cumulative
Percent
Valid
no
68
82.9
82.9
82.9
yes
14
17.1
17.1
100.0
Total
82
100.0
100.0
Taking responsibility
There was a close split in the participants opinion about the importance of taking
responsibility for an offense. In this study it was found that 52.4% of respondents found
this to be one of the most important outcomes, while 47.6% did not. All 82 participants
responded, either by checking the box next to the statement to indicate the choice of this
outcome, or leaving it blank to indicate a negative response to this.
59
Table 4.13 Outcome: Taking Responsibility
Frequency
Percent
Valid Percent
Cumulative
Percent
Valid
no
43
52.4
52.4
52.4
yes
39
47.6
47.6
100.0
Total
82
100.0
100.0
Repairing relationships
Nearly two-thirds of the participants found repairing relationships to be one of the
most important outcomes in responding to an offense. This left 36.6% (n=30) who felt
that repairing relationships was not one of the most important outcomes. All 82
participants responded, either by checking the box next to the statement to indicate the
choice of this outcome, or leaving it blank to indicate a negative response to this
outcome.
Table 4.14 Outcome: Repairing Relationships
Frequency
Valid
Percent
Valid Percent
Cumulative
Percent
no
30
36.6
36.6
36.6
yes
52
63.4
63.4
100.0
Total
82
100.0
100.0
The concept of reintegration of an offender into society received close to an even
split of responses. 51.2% of respondents felt that this was one of the most important
60
outcomes, while 48.8% of respondents did not believe that this was. All 82 participants
responded, either by checking the box next to the statement to indicate the choice of this
outcome, or leaving it blank to indicate a negative response to this outcome.
Table 4.15 Outcome: Reintegration into Society
Frequency
Valid
Percent
Valid Percent
Cumulative
Percent
no
40
48.8
48.8
48.8
yes
42
51.2
51.2
100.0
Total
82
100.0
100.0
One of the outcomes that was given was the empowerment of the victim, or of
those who were harmed through the offense. In regards to the importance of this outcome
61% of those surveyed found this to be one of the most important outcomes, while 39%
of participants did not think so. All 82 participants responded, either by checking the box
next to the statement to indicate the choice of this outcome, or leaving it blank to indicate
a negative response to this outcome.
Table 4.16 Outcome: Empowerment of the Victim
Frequency
Valid
Percent
Valid Percent
Cumulative
Percent
no
32
39.0
39.0
39.0
yes
50
61.0
61.0
100.0
Total
82
100.0
100.0
Another possible outcome that participants could choose was the prevention of
further offenses as one of the most important outcomes. In the research it was found that
62.2% of participants ranked this as one of the most important outcomes, while 37.8%
did not see this as a primary outcome. All 82 participants responded, either by checking
61
the box next to the statement to indicate the choice of this outcome, or leaving it blank to
indicate a negative response to this outcome.
Table 4.17 Outcome: Prevention of Future Offenses
Frequency
Valid
Percent
Valid Percent
Cumulative
Percent
no
31
37.8
37.8
37.8
yes
51
62.2
62.2
100.0
Total
82
100.0
100.0
Respondents were then given two scenarios which described restorative practices
in use and asked about the perceived effectiveness in these cases. The first scenario
described the practice of family group conferencing and discussed the use in addressing
habitual truancies within a school setting. The respondents were asked to determine,
using a likert scale, how effective the practice would be in the case described. In this
survey 83% of people found the family group conferencing practice to be somewhat
more, or more effective than the current practices. There were two participants (2.2%)
who found this practice to be somewhat less effective than current practices and there
were 12.2% (n=10) who were undecided on this question. An additional 2.2% (n=2) of
respondents did not answer this question.
Participants were then asked to respond to a scenario about the use of victim
offender mediation in a case of burglary. The scenario described the situation and stated
that prior to meeting the offender has taken accountability for the offense. Respondents
were asked how effective they think the victim offender mediation would be in this case.
The results showed that 35.4% of respondents thought that this would be very effective
62
for repairing harm, 37.8% responded that it would be somewhat effective to use victim
offender mediation in this case. A total of 6.1% of respondents felt that this practice
would be somewhat ineffective for healing the harms of the offense, and 1.2% felt that it
would not be effective in healing in the case of the burglary as described in the scenario.
There was a total of 17.1% of the population who were undecided on the effectiveness of
the methods described in the scenario and another 2.4% who did not respond to this
question.
Table 4.18 Effectiveness: Family Group Conferencing
Frequency
somewhat less effective
Valid
Percent
Valid Percent
Cumulative
Percent
2
2.4
2.5
2.5
undecided
10
12.2
12.5
15.0
somewhat more effective
34
41.5
42.5
57.5
more effective than current
practices
34
41.5
42.5
100.0
80
2
82
97.6
2.4
100.0
100.0
Total
Missing System
Total
63
Figure 4.5 Family Group Conferencing
64
Table 4.19 Effectiveness: Victim Offender Mediation
Frequency
Valid
Percent
Valid Percent
Cumulative
Percent
not effective for repairing
harm
1
1.2
1.3
1.3
somewhat ineffective
5
6.1
6.3
7.5
undecided
14
17.1
17.5
25.0
somewhat effective
31
37.8
38.8
63.8
very effective for repairing
harm
29
35.4
36.3
100.0
80
2
82
97.6
2.4
100.0
100.0
Total
Missing System
Total
65
Figure 4.6 Victim Offender Mediation
Summary
This chapter presented the demographics of the participants of the study. The
researchers then went into the level of knowledge that master’s in social work students at
CSU, Sacramento had regarding restorative justice models and practices. This chapter
then presented the information gathered from participants regarding the perceptions of
the link between social work values and the values of restorative justice. Then the
researchers covered the values as expressed by the participants in terms of their own
66
connections to the values of social work and the values of restorative justice. The next
chapter will analyze the data that was gathered as well as presenting the conclusions,
limitations, and the implications for social work.
67
Chapter 5
DISCUSSION
Introduction
The purpose of this study was to determine the level of exposure to the concept of
restorative justice individuals who are enrolled in the MSW program at CSU Sacramento
have had. This chapter summarizes the key data gathered in this study. The effectiveness
of restorative justice practices will be reviewed. The current knowledge and perceptions
of MSW students within the program at California State University, Sacramento will be
discussed. This chapter will also include the role of social workers in the implementation
of restorative justice programs. The chapter will then discuss the implications of the
findings for social work students, education, and policy. Recommendations for future
research will be discussed. Finally, there will be discussion of the limitations that pertain
to this research.
Summary of Study
The research question in this study was intended to determine the level of
understanding of restorative justice of graduate students in social work at CSU,
Sacramento. This was determined using a self-report questionnaire given to MSW
students while in classes at California State University Sacramento. Participants were
also asked to indicate whether they felt restorative justice principles were aligned with
the values of social work as laid out in the NASW Code of Ethics. Respondents were
then asked to determine the most important outcomes of the criminal justice system out
of a list of possible outcomes.
68
Participants in this study were most likely to be Caucasian, to identify as female.
The majority of respondents have not taken a course in restorative justice in the past. The
participants were relatively evenly split between first and second year masters in social
work students.
Overall the majority of participants found that the statements regarding the values
that are included within the framework of restorative justice were connected to the values
that they themselves hold. However, there were still many participants who did not view
the restorative justice values as the most important outcomes of interactions with the
criminal justice system. In consideration of the distinct alignment between restorative
justice principles and the ethics and values of social work, the researchers felt that the
lack correlation between personal values and restorative justice practices directly reflects
those participants internalization of the social work values and ethics. Although it seems
that many of the participants hold a high regard for the social work code of ethics in
consideration for their professional position, the same standards are not held for their own
personal position on morals and values.
Current knowledge and perceptions
Implications of the data collection regarding current knowledge of restorative
justice practices showed that the majority of master’s level graduate students currently
attending Sacramento, CSU are uneducated with regards to restorative justice, and lack
an awareness of restorative practices. In turn the researchers feel the students are entering
into the growing field of social work without knowledge of a key instrument, knowledge
and the ability to practice restorative justice principles. The researchers feel it is the
69
responsibility of the Sacramento, CSU staff, professors and the cohort to actively seek
out the most current and innovative practices to be able to better serve all communities.
With that being said, it is important to recognize the current trend in social work
practices. Currently within the field of social work there is a majority perspective that
evidence based practices are the most effective interventions. These practices are
generally based on measurable outcomes that show significant improvement. This trend
towards endorsing evidence based practices is reinforcing the mainstream standard that
they are not only effective but that they are proven to be the best practice. The
researchers feel that these mainstream ideas that have been rooted in the human services
field for quite some time, creating a disadvantage for what are seen as more radical
practices such as restorative justice. In essence the professionalization of the field is
taking the unique perspective of the social worker out of the work. In regards to the
perception of restorative justice, the researchers interpreted the responses to the data
collection and attributed the lack of support in favor of restorative practices to perhaps
the participants’ insufficient background and exposure to restorative justice practices. In
addition to participants’ insufficient knowledge of and exposure to restorative justice, the
researchers feel based on the scenarios presented in the questionnaire which provided
examples of restorative practices, the respondents perception of the effectiveness of such
practices were impaired by their own personal views. As social work professionals it is
imperative that we maintain a certain level of awareness regarding our own biases and the
judgments we harbor around specific issues.
70
Of particular interest to the researchers was the fact that some respondents who
had awareness of restorative justice still ranked the adherence to social work values as
low. This did not seem to align with the literature regarding the social work values. The
researchers were interested in this and would need to research further to find the cause of
these responses. It may be the case that the values of social work as expressed in the
NASW Code of Ethics are not emphasized throughout the MSW program. It appeared as
though some respondents were unsure of the meaning of the values when a scenario was
presented to them to analyze.
Role of social workers
Given the current lack of interest among social work educators on the topic of
restorative justice, it is imperative that social workers who understand the importance of
restorative justice practices become educated. In order to provide trainings and
information to all organizations that work with populations that will benefit from
restorative justice programs. The researchers feel it is the responsibility of the social work
profession to not only adopt restorative justice practices but to become the sole providers
of the skills necessary to effectively master this trade. In essence, social workers will
ideally be the primary educators in the field of restorative justice practices and become a
stronger presence for change within the criminal justice system. Although restorative
justice programs have received minimal coverage within our communities and political
arenas, we hope that social workers will lead the way and carry the torch of the
restorative justice movement. Currently the role of social workers within restorative
71
justice programs is largely unknown, however this affords the social work profession the
opportunity to clearly define our own role and contribution to the field.
Implications for Social Work Practice
Social workers provide a significant amount to micro, mezzo, macro practices, but
have yet to completely secure an investment in restorative justice practices.
Consequently, it is of great need that the profession of social work increase their
involvement, commitment, education, training and research participation with regards to
the implementation of restorative justice practices.
In regards to implications on a micro level, although certification and training
experience in restorative justice practices would be ideal, it is not entirely accessible.
Hence, the importance of social work educators is to advocate for courses offered at the
academic level. Additionally, it is of great importance that social workers seek out and
become familiar with restorative justice practices in order to effectively implement
restorative justice practices while serving clients that can benefit from such practices.
Social workers are often working with clients at a micro level who would benefit from
restorative justice practices. If this kind of training and information is available to social
workers they will have the opportunity to use these practices with clients.
Mezzo level implications include the importance of the development and seeking
out of continuing education units on the topic of restorative justice. The need can be seen
within the research for education on the topic of restorative justice within the MSW
program. Due to the ethical principle of competent practice with diverse populations
72
social workers need to continue working to serve the needs of those who are being
served.
In regards to contribution on a macro level, further studies are needed to show the
effectiveness as well as outcome measures of restorative justice practices. Expansion of
education on restorative justice practices is needed in order to effectively address
necessary policy changes and advancement in funding. Social workers are able to use
their position and knowledge of practices to advocate for all underserved populations,
many of whom could benefit greatly from restorative justice. The Council on Social
Work Education (CSWE) should look into creating standards that include knowledge of
restorative justice principles in order to improve the perception of the model.
Recommendations
The purpose of this study was to find out the current knowledge and perceptions
of MSW students at CSU, Sacramento regarding restorative justice practices. The
following section is a list of recommendations developed for current and future social
workers.
The curriculum at CSU, Sacramento should be examined in order to determine the
degree to which it is preparing students who will be working with individuals who are
involved in the criminal justice system. Within this study the researchers interpreted the
data to mean that participants largely felt that there was little to no introduction to
restorative justice principles in the MSW program. Perhaps that practice should be
analyzed further with regards to the connection between social work values and the
values included in restorative justice.
73
More emphasis should be placed on the values of social work within the graduate
level social work curriculum. Within this research it seemed that many participants were
unsure about the connections of social work values to restorative justice practices. It is
the belief of the researchers that many participants did not fully understand the
underlying values of the social worker as addressed in the NASW Code of Ethics. This
could be covered further in the required policy course within the program or as an
additional workshop for all students within the MSW program.
Further research should be done on the perceptions of social workers of
restorative justice, particularly with regards to the values of the NASW Code of Ethics
and the perception of the correlation to restorative justice. This should include using a
larger sample size and more in depth analysis of the perceptions and knowledge of the
participants in the study.
Limitations
A major limitation of this study was that a large majority of the population
surveyed was female. The population in this survey was 86% female. The participants
were also approximately 51% Caucasian. These demographics make it difficult to
generalize the data to all MSW students. A larger sample of the population would be
needed in order to determine if these results would be true within the population at large.
Another limitation within this study was the fact that there were very few
questions that asked the participants about prior exposure to concepts of restorative
justice. The question was asked if participants were familiar with the practices included
in restorative justice, however there were a limited number of restorative topics included
74
within that list. The respondents did have an opportunity to fill in the open ended
question that asked about what they knew about restorative justice, however very few
participants responded to that question. There may have been a way to elicit the answer
that would have gotten a higher level of response.
The number of participants included within the study is another limitation. There
were 82 participants included in this research. In order for the results to be generalized to
larger populations of MSW students the number of participants should be much higher.
This study was completed using only students at California State University Sacramento,
if the research is to be generalized to MSW populations as a whole there would need to
be participants at other universities.
Conclusion
This study sought to determine the level of knowledge that MSW students at
CSU, Sacramento had about restorative justice as well as to determine their beliefs about
the connections to the values of social work. A secondary purpose of this study was to
allow this information to inform the social work program as to how it may be able to
prepare social workers to meet the needs of the population who have interaction with the
criminal justice system. The findings of this study indicate that social work students have
varying levels of knowledge on the topic of restorative justice. The majority of the
participants in this study had very little previous exposure to the topic. However, it was
shown that the majority of participants did view the values of restorative justice to be at
least somewhat connected to the values of social work as expressed in the Code of Ethics.
There were many participants who were able to see the connections between the values of
75
restorative justice and social work values who did not see restorative justice outcomes as
the most important outcomes of dealings with the criminal justice system. It is the belief
of the researchers that this is a topic that requires further research in order to enhance the
findings of this research.
76
Appendix A
Consent to Participate in Research
77
Attachment 1
Consent to Participate in Research
You are invited to participate in a research study that will be conducted by student
researchers, Jessica Valdez and Elizabeth Ridzik, graduate students at California State
University, Sacramento.
Purpose:
The researchers are interested in the current level of knowledge and perceptions of
restorative justice. There are increasing opportunities for employment with offender
populations and their families, based on this it was seen as vital that a study be
conducted in order to determine how the curriculum of the MSW program prepares
students to address the unique needs of the population. The study will also assess the
attitudes and values of MSW students in regards to the need for the content being
included throughout the curriculum of the program.
Procedures:
As a prospective participant in this study you will be asked to answer questions on a
survey regarding your knowledge and perceptions of restorative justice practices.
Completing the survey should take approximately 10 minutes.
Benefits:
The results of this study will be used to assess the curriculum of the MSW program at
CSUS. This research may benefit future MSW students by informing the curriculum
committee of the need and importance of incorporating a restorative justice model
throughout the curriculum. If you would like to obtain a copy of the final report the
researchers would be glad to send you a copy.
Confidentiality:
All information is confidential and every effort will be made to protect your anonymity.
Any information that is published will not identify any names. Information you provide
on the consent form will be stored separately from the survey data in a secure location.
The final research report will not include any identifying information. All of the data will
be destroyed upon completion of the project.
Voluntary Nature of Participation: Your participation in this study is voluntary. You have
the right to refuse participation or to withdraw from the study at any time. There is no
penalty for refusal or withdrawal of participation.
Compensation: None
78
Risks: None
Attachment 1 (continued)
Consent to Participate as a Research Subject
By signing below I certify that I am at least 18 years of age and that I fully understand the
voluntary nature of my participation. My signature indicates that I have read the above
and that I consent to participate in this research study.
I ____________________________________ agree to participate in this research.
Signature: ____________________________________
Date: _____________
If you have any questions you may contact us at _#########__or email
at_###############
Or, if you need further information, you may contact my thesis advisor:
Dale Russell, Ed. D., LCSW
California State University, Sacramento
916-278-7170
79
Appendix B
Human Subjects Approval Letter
80
CALIFORNIA STATE UNIVERSITY, SACRAMENTO
DIVISION OF SOCIAL WORK
To: Elizabeth Ridzik & Jessica Valdez
Date: November 25, 2013
From: Research Review Committee
RE: HUMAN SUBJECTS APPLICATION
Your Human Subjects application for your proposed study, “Best Practices in Restorative
Justice Working with Offenders from a Social Work Perspective”, is Approved as
Exempt. Discuss your next steps with your thesis/project Advisor.
Your human subjects Protocol # is: 13-14-028. Please use this number in all official
correspondence and written materials relative to your study. Your approval expires one
year from this date. Approval carries with it that you will inform the Committee
promptly should an adverse reaction occur, and that you will make no modification in
the protocol without prior approval of the Committee.
The committee wishes you the best in your research.
Research Review Committee members Professors Maria Dinis, Jude Antonyappan, Serge Lee, Francis Yuen, Kisun Nam, Dale Russell,
Cc: Russell
81
Appendix C
Survey Questions
82
Demographic Information:
Gender:____________________
Age:__________________
Ethnicity: ___________________
Please circle one:
MSW I
MSW II
1. Have you taken a course in restorative justice?
Yes
No
Not sure
2. Has the topic of restorative justice been discussed in any of your master’s level courses
at CSUS?
Yes
No
Not sure
3. Please indicate if you have any knowledge of or experience with any of the following
practices:
Victim Offender Mediation ____
Family Group Conferencing ____
Healing Circle ____
Community Reparation ____
4. If you have previous knowledge about Restorative Justice, what do you understand it
to be? Please provide a brief description:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
5. Based on the Social Work Code of Ethics, the following statement is consistent with
the core value of dignity and worth of a person: “It is imperative to consider the needs of
all parties impacted by the offense.”
1
2
3
4
5
Not at all
somewhat
Undecided
Somewhat
Completely
consistent_ _ inconsistent
consistent
consistent
6. Based on the Social Work Code of Ethics, the following statement is consistent with
the core value, importance of human relationships: “The most important fact about crime
is that it causes harm to individuals, their families, and communities.”
1
2
3
4
5
Not at all
somewhat
Undecided
Somewhat
Completely
consistent_ _ inconsistent
consistent
consistent
83
7. Based on the Social Work Code of Ethics, the following examples are consistent with
the core value of social justice: “To repair the harm caused by criminal behavior and to
challenge traditional ideals to crime and punishment.”
1
2
3
4
5
Not at all
somewhat
Undecided
Somewhat
Completely
consistent_ _ inconsistent
consistent
consistent
8. Place an x indicating your opinion of the most important outcomes of an offense
(choose up to 3):
___ Punishment for the offense
___Taking responsibility for the offense
___Repairing relationships between victims, offenders and their communities
___Reintegration of offender into society
___Empowerment of the victim or those harmed
___Prevention of future offenses
9. One of the components of the Restorative Justice model is Family Group
Conferencing. Family Group Conferencing can be defined as a restorative practice that
allows for the family, offender, social service professionals, community members and
other stakeholders to create an agreement between all parties. For example, in truancy
mediation, which typically consists of the offender/student, the family of the student,
school administrator, counselor and attendance coordinator, all gather to create goals for
the student to be successful and attend school (e.g. commitment to attend school,
community service, etc). How effective do think this intervention would be for a student
with habitual truancies as oppose to current practices (i.e. court appearances, fines, etc)?
1
2
3
4
5_________
Less effective
somewhat
Undecided
Somewhat
More effective
Than current
less
more
than current
practices
effective
effective
practices_____
10. The most commonly recognized Restorative Justice practice is Victim-Offender
Mediation. Victim-Offender Mediation is a meeting that allows for both victim and
offender to meet in the presence of a trained facilitator to discuss the crime that has
impacted both of their lives and possibilities for repairing harm done. For instance, in the
case of a burglary, the victim and offender meet to discuss how the violation has caused
harm (i.e. violation of privacy, sense of security, stolen goods, etc.). Prior to meeting, the
offender has assumed personal accountability for the offense and understands that the
process will not benefit her/him in any court proceedings. How effective do you think
this practice would be for repairing harm caused by this offense?
1
Less effective
Than current
practices
2
somewhat
less
effective
3
Undecided
4
Somewhat
more
effective
5_________
More effective
than current
practices_____
84
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