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Literature Review

What is Restorative Justice?

Restorative justice is an approach to discipline that seeks to find solutions to behavior infractions through dialogue and intentional practices that problem solve the misbehaviors and repair harmed relationships (Jeffries, 2015).

 In schools 

In schools, restorative justice is an offshoot of the model used by some courts and law enforcement; it seeks to repair the harm that has been done by acknowledging the impact on the victim, community, and offender, accepting responsibility for the wrongdoing, and repairing the harm that was caused. Restorative practices can “also include preventive measures designed to build skills and capacity in students as well as adults. ” Some examples of preventative measures in restorative practices might include teachers and students devising classroom expectations together or setting up community building in the classroom. Restorative justice also focuses on justice as needs and obligations, expands justice as conversations between the offender, victim and school, and recognizes accountability as understanding the impact of actions and repairing the harm. In this approach, teachers, students and the community can reach agreements to meet all stakeholders’ needs. Collectivity is emphasized as the group must create an action plan to heal the harm and find a way to bring the offender back into the community (Robbins, 2014).

 Rituals of circles 

Pranis states that “the circle is a dialogue process that works intentionally to create a safe space to discuss very difficult or painful issues in order to improve relationships and resolve differences.” Schools can implement restorative practices for the whole school community such as classroom circles or check-in check out circles--these circles are usually used to create a fun environment, build trust, or community building, and typically the classroom teachers and the class participate. School communities can also address problematic behaviors that caused harm through restorative circles. These circles involve families, teachers, students, peers, and community members. The type of circle utilized reflects its purpose; however, the basic components remain the same.

 Implementation 

In schools, circles are not the only way that restorative justice can be utilized. Restorative justice is being used by schools in a nearly limitless combination of ways. Some schools use mediation and conferencing between students or teachers and students. These conferences are facilitated by a trained mediator to peacefully resolve the conflict and prevent conflict in the future. Other schools have utilized a peer jury in which trained student volunteers offer guidance and support to the referred student with how to repair the harm they have done. Restorative justice can also be applied in more creative ways such as student-led conferences, which disrupt the traditional system of teacher-led conferences and provide more voice to students. Ultimately, restorative justice can be implemented in a variety of ways that still support the underlying philosophy of inclusivity, respect, repairing relationships, and responsibility.

What are the Benefits of Restorative Justice?

One of the most widely cited benefits of a restorative justice approach in schools is the positive impact on students’ social-emotional learning. Hargreaves supports that feelings, relationships, emotions, and human interactions can all influence learning (1997). Restorative justice offers the opportunity for student offenders to understand the impact of their actions on others, therefore, building empathy (alvis, 2015). Empathy is considered one of the most powerful elements in helping victims and offenders heal and reconcile because it helps individuals understand the feelings of others (Chapman & Harris, 2004). In a study conducted by Choi, Green, and Gilbert (2011), offenders who participated in a restorative justice program showed remorse for their actions, saw the effects of their behaviors, and felt more empathetic towards the victims. In addition to building empathy, studies have shown that social emotional learning (SEL), which is an outcome of restorative justice, is linked to increased academic improvement and performance (Robbins, 2014). Social emotional learning helps students regulate behaviors, engage in the classroom more, and build relationships skills. These skills help prevent further suspensions and expulsions because students have better self-management abilities (Robbins, 2014). Collaborative for Academic, Social and Emotional Learning (2008) found that schools who implemented SEL had a nine percent decrease in conduct problems and an eleven percent improvement in student achievement as measured by test scores. In summary, restorative justice approaches have been linked to building empathy in students.

In addition to the social emotional learning that may result from restorative justice, studies have shown that students who participate in restorative justice may have higher self-esteem and more self-appraisal (Suttie, 2015). This is important because when students feel they are being unjustly punished, they are more likely to be traumatized. The effects of this traumatization can result in disengagement from school, loss of trust in school staff, and humiliation stemming from low self-worth (Anderson, 2014). When student become less trusting of the school environment, they are more likely to engage in risky behaviors, violence, and substance abuse (Anderson, 2014). Restorative justice may help with students’ self-esteem because the process teaches them pro-social skills absent of shame and humiliation (Suttie, 2015). For this reason, many scholars and educators believe restorative approaches are best for students.

What are the Concerns with Restorative Justice?

Not all educators support the use of restorative justice approaches. Some educators view the restorative approach as soft. For example, Denver Public Schools started implementing restorative justice in 2005. While the number of out-of-school suspensions dropped by 38%, some teachers in the school system believe there is a lack of discipline and serious consequences for students. Greg Ahrnsbark, a teacher in the district, says that restorative discipline does not work: “Students with serious behavioral issues are being kept in class, disrupting the educational experience of the other students. Consequently, the message to all students is there are no limits” (Gunn, 2016). Ahrnsbark and other in the Denver Public School system do not support restorative approaches for these reasons.

Another widespread concern with restorative justice involves the time it can take to conduct from start to finish (Armour, 2013). A restorative approach to misbehavior can take more time than a referral to administration, especially if a circle is need to help redirect the misbehavior (Armour, 2013). If a school does not have a clear process set up for which restorative practices can be handled without administrator support, such as training how to have restorative conversations with students, confusion can occur amongst teachers with how to resolve the student issue and who is responsible for helping resolve the student issue. Some critics of the time argument believe that restorative justice does not require more time on behalf of teachers, it just requires teachers talk to the students differently once a student misbehavior occurs (alvis, 2015). If more teachers have the capacity to handle student misbehaviors within the context of restorative conversations, less circles may be needed, which means less time on behalf of teachers outside of class.

Finally, some researchers agree that more research must be conducted to support the validity of restorative justice, specifically in how its implemented (Robbins, 2014). More exactly, restorative justice practices that are inconsistent, insufficient, or run out of funding tend to have the worst reputations for success (Armour, 2013). While many research studies support positive findings in restorative justice, continuing studies are still needed.