Restorative Practice in the
Aftermath of serious crime
Niall Kearney, Bill Whyte, Bill Nicol
University of Strathclyde
10th February 2014
Learning through doing
Shaping a restorative practice model
through
Restoration in Serious Crime (RISC)
Bill Whyte
Professor of Social Work Studies in Criminal and
Youth Justice
Support for Restorative Practice widespread
across western jurisdictions
–but is it Restorative Justice ?
evidence of (a new paradigm) different kind of justice?
is the term RJ discredited?
scripted commodification,
focus on minor offences;
limited provision for victims
practice disconnected from wider services
long term impact
What should the intended ‘purpose’ of
restorative practices be?
Peacemaking?
Indigenous approaches
Assythment (Scotland 15th Century- 1974)
satisfaction ..indemnification demandable by the family
of a person injured or slain the recompense or
redress made for wrongs or damage committed
-avoid blood feuding, making peace
- community safety and social wellbeing?
A Social Movement Full of Opportunities and Pitfalls
(Umbreit et al 2012)
principles and practices not inherently benign or incapable of
doing harm.
pitfalls derive from the inherent difficulty of
attempting to balance ..valid needs: of victims, of offenders, of
the community, and ultimately of the state
small programmes ..may be less prone to such errors than
large institutions and governments
Towards a practice model
A single case study
– Sacro, Police, Victim Support, UoE (funded by SG)
Car FatalityAcquaintances from same small town
One young man dead
One young man (with no previous) convicted &
imprisoned
Two Families damaged – one irreparably
Community of interest vengeful
The Justice system has run its course?
contact
communities of interest
engagement
timing
preparation
objectives
outcomes
skills set
strategic context/framework
practice model
Shaping a Model
What is the rationale for Restoration in
Serious Crime?
How did we go about it?
What are we learning?
Shaping a Model
Niall Kearney
Shaping a Model
What is the rationale for Restoration in
Serious Crime?
How did we go about it?
What are we learning?
Rationale
Restorative practices in justice are best applied where
there is significant harm, that is, violent crime.
RISC (restoration in serious crime)
an action research project
contains the seeds of a positive way forward for restorative
practice
directs resources to high tariff cases where the need
is greatest, draws on the ancient Scots legal principle of
assythment and peacemaking
has the potential to set Scotland at the forefront of restorative
practice developments worldwide.
Rationale
Restorative practices in justice are best applied where
there is significant harm, that is, violent crime.
RISC (restoration in serious crime)
an action research project
contains the seeds of a positive way forward for restorative
practice
directs resources to high tariff cases where the need
is greatest, draws on the ancient Scots legal principle of
assythment and peacemaking
has the potential to set Scotland at the forefront of restorative
practice developments worldwide.
Rationale
“ ‘ To hear of the effect of the death of their
eldest child on his parents, would draw tears from
stone. Even more moving, was their heartfelt and
tearful plea, made in Court, that you, who have
been like a brother to their son, and in some ways
like a son to them, not be imprisoned. For them
that would be a second tragedy on top of the first,
and would achieve nothing.’ “
Judge David Carruthers, New Zealand
Going about it
A young driver was sentenced to 30 months
imprisonment for causing the death his
passenger by crashing at high speed.
1 Develop appropriate outreach
2 Provide an intervention
3 Develop a practice model
What are we learning?
Outreach is possible with clear support
from Police, Scottish Prison Service, Health,
Social Work and Vol Orgs
Training is essential
Ripple effect
No hype!
Where Next?
Tiered or Graduated model
Mediation, restorative meetings
Testing
Preparation
Back up
service provision
Individual, group meetings
Sacro Billy Nicol
• Sacro experienced in restorative justice
• Sacro experience of Talking After Serious
Crime but keen to develop outreach
model along with partners
• Still learning through doing
Sacro
• Experience/future
• Training
• Risk assessment and management
• Support and supervision of staff