Restorative justice and the human rights of offenders : convergences and divergences

Restorative justice has gained significant momentum as a justice reform movement within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Although claims about the role of restorative justice in protecting human rights are repeatedly made in the restorative justice literature, they are seldom supported by empirical evidence or a thorough analysis of human rights and their justification. In this paper, we discuss how the assumptions underpinning restorative justice practices impact on offenders' human rights, and their points of convergence and divergence. We argue that while these assumptions can protect certain offender rights, they may violate others. We finish with some suggestions about how to reconcile the tensions between human rights and restorative justice, focusing in particular on the relationship between community needs and individual well-being.

Repairing the rupture : restorative justice and the rehabilitation of offenders

Restorative justice is a social justice movement that aims to deal with consequences of crime through repairing and restoring relationships of three key stakeholders: victims, offenders, and communities. Unfortunately, it is often unclear where offender rehabilitation fits within the constructs of repair and reintegration that drive this justice paradigm. An analysis of the relationship between restorative justice theory and offender rehabilitation principles reveals tensions between the two normative frameworks and a lack of appreciation that correctional treatment programs have a legitimate role alongside restorative practices. First, we outline the basic tenets of the Risk–Need–Responsivity Model and the Good Lives Model in order to provide a brief overview of two recent models of offender rehabilitation. We then consider the claims made by restorative justice proponents about correctional rehabilitation programs and their role in the criminal justice system. We conclude that restorative justice and rehabilitation models are distinct, although overlapping, normative frameworks and have different domains of application in the criminal justice system, and that it is a mistake to attempt to blend them in any robust sense.

Moral repair with offenders : ethical issues arising From victimization experiences

In this article, the authors examine the relevance of the concept of moral repair for sex offenders who have been victims of sexual or physical abuse. First, they briefly review the literature on victimization rates and effects in sexual offenders. Second, the notion of moral repair and its constituent tasks is examined with particular emphasis given to Margaret Walker's recent analysis of the concept. Third, the concept of moral repair is applied to offenders and its implications and possible constraints discussed. Fourth, the authors outline a normative framework for addressing victimization issues with sexual offenders, drawing on the resources of human rights theory and strength-based treatment approaches. Finally, they conclude with a brief consideration of the ethical and clinical implications of their normative model.

The ethics of care and treatment of sex offenders

The ethics of care acknowledges the importance of establishing and maintaining practices that help people to meet their needs, develop and protect basic capabilities for problem solving, emotional functioning, and social interaction, and avoid pain and suffering. In this article, we explore the contribution an ethics of care perspective can make to work with sex offenders. First, we briefly describe five classes of ethical problems evident in work with sex offenders. Second, the concept of care is defined and a justification for a version of care theory provided. Third, we apply the care ethical theory to ethical issues with sex offenders and demonstrate its value in responding to the five classes of problems outlined earlier.

Desistance and attitudes towards sex offenders : facilitation or hindrance?

In an ideal world, there would be a seamless relationship between interventions that focus on risk factors causally associated with sexual reoffending and the subsequent release of, and ongoing support for, offenders into the community. However, emotionally fueled and uninformed public responses to news of released sex offenders, and the legislation such responses have inspired, severely hinder this process. Our aims in this paper are to review findings of research on community attitudes about sex offenders within a desistance framework. More specifically, we provide a synthesis of the current research literature on attitudes towards sex offenders. Second, we consider in more detail those studies that include community member samples. Third, we review interventions aimed at promoting attitude change amongst professionals working with sex offenders and finally formulate some recommendations for promoting positive attitude change amongst the general public.

Extended supervision or civil commitment for managing the risk of sexual offenders : public safety and individual rights

Since the early 1990’s, there has been a proliferation of legislative initiatives in North America, the United Kingdom, and Australasia that are intended to improve public protection from high risk sexual offenders. These laws include extended supervision of sexual offenders once released from prison and indefinite involuntary civil commitment to secure treatment facilities following the expiration of a prison sentence. The enactment of these laws has sparked intense debate and numerous legal challenges on a variety of issues, including the need to strike a proper balance between public safety and the rights of individual offenders. Recent challenges to Extended Supervision Orders in New Zealand have included the assertion that this approach is inconsistent with the Bill of Rights Act. This article compares the use of Extended Supervision Orders in New Zealand to the use of civil commitment of Sexually Violent Predators in the United States, and particularly in California, which currently confines the largest number of offenders under this type of commitment. It is argued that Extended Supervision is more flexible, less intrusive, less punitive, and less costly than civil commitment. The degree to which it is effective in improving public safety remains an empirical question.

Social convoys, coping and psychological adjustment among offenders

An investigation of how adult attachment relationships may influence reintegration outcomes among offenders. Offenders attachment to romantic partners and parents were shown to influence the configuration of social networks, whilst attachment to parents and friends were shown to influence coping behaviours and psychological adjustment in the reintegration context.

Understanding young offenders: developmental criminology

The role of criminological theory should be to inform practice. Program developers should start with a recognized theory about the causes of crime and then design interventions that target factors identified in that theory. Unfortunately, the link between theory and practice is not always apparent. In this paper, a number of prominent developmental theories of crime are considered. These theories are significant in that they provide a strong basis for understanding young offending, and how both the criminal justice system and service providers should approach the task of working constructively with those who appear before the court. This is followed by a review of programs that have been designed to address the risk factors identified in these developmental theories.

Good lives sexual offender treatment for mentally disordered offenders

Purpose – The main aim of this paper is to describe the content, structure and preliminary evaluation of a new Good Lives sexual offender treatment group (SOTG) for male mentally disordered offenders.

Design/methodology/approach – As evaluation and work on the SOTG is necessarily ongoing, case study descriptions of each patient who attended the SOTG and of their progress throughout SOTG are described.

Findings – Overall, the case study progress reports suggest that mentally disordered male patients made some notable progress on SOTG despite their differential and complex needs. In particular, attention to each patient's life goals and motivators appeared to play a key role in promoting treatment engagement. Furthermore, patients with lower intelligence quotient and/or indirect pathways required additional support to understand the links between the Good Lives Model (GLM) and their own risk for sexual offending.

Research limitations/implications – Further evaluations of SOTG groups, that incorporate higher numbers of participants and adequate control groups, are required before solid conclusions and generalisations can be made.

Practical implications – Practitioners should consider providing additional support to clients when implementing any future SOTGs for mentally disordered patients.

Originality/value – This is the first paper to outline and describe implementation of the GLM in the sexual offender treatment of mentally disordered male patients group format. As such, it will be of interest to any professionals involved in the facilitation of sexual offender treatment within this population.

Planning helps : the impact of release planning on subsequent re-entry experiences of child sex offenders

Recent research has demonstrated that poor release planning is associated with sex offender recidivism; however, whether release planning correlates with actual re-entry experiences has not been investigated systematically. Accordingly, in the present study release planning was rated for 16 child sex offenders, and semi-structured interviews about re-entry experiences were conducted at one, three and six months following their release from prison. As expected, significant positive correlations were found between release planning and re-entry experiences across the follow-up period, indicating that higher-quality release planning is associated with more positive re-entry experiences. Accordingly, it can be assumed that re-entry experiences differ between recidivists and non-recidivists, and hence positive re-entry experiences contribute to a reduction in sex offender recidivism. The implications for the management of offender release, policy makers and society as a whole are discussed.

Assessment of community reintegration planning for sex offenders

Poor planning for reintegrating child molesters from prison to the community is a likely risk factor for sexual recidivism. The quality of reintegration planning was retrospectively measured for groups of recidivist (n = 30) and nonrecidivist (n = 30) child molesters who were individually matched on static risk level and time since release. Recidivists had significantly poorer reintegration planning scores than nonrecidivists, consistent with a previous study by the authors. Data from both studies were combined (total N = 141), and survival analyses showed that poor reintegration planning predicted an increased rate of recidivism. Accommodation, employment, and social support planning combined to predict recidivism, with predictive validity comparable to static risk models (area under the curve = .71). Summing these items yielded a scale of reintegration planning quality that differentiated well between recidivists and nonrecidivists and may have practical utility for risk assessment as an adjunct to static models.

Oral language competence in incarcerated young offenders : links with offending severity

Previous research in Australia and overseas has shown that young offenders serving community-based orders are at high-risk for undetected but clinically significant oral language difficulties. However, this phenomenon has received little attention in incarcerated samples, and links with offending severity, mental health, and other markers of early risk have not previously been systemically examined. A cross-sectional examination of 100 young offenders (mean age 19.03 years) completing custodial sentences in Victoria, Australia was conducted. A range of standardized oral language, IQ, mental health, and offending severity measures was employed. Forty-six per cent of participants were classified as language impaired (LI), and these were compared with the non-LI sub-group on background and offending variables. When the sub-group with high scores on a measure of offending severity was compared with those with (relatively) lower offending scores, significant differences on a range of language measures were identified. A range of early risk indicators (such as placement in Out of Home Care) was also examined with respect to language impairment in this high-risk group. Results are discussed with respect to policy and practice pertaining to early intervention for vulnerable children, and implications for service delivery within the justice system. In particular, emphasis is placed on the need to closely examine the oral language skills of children who struggle with the transition to literacy and then display behavioural difficulties in the classroom. Once a young person is engaged with youth justice services, a high index of suspicion should be maintained with respect to their oral language skills; for example, in relation to forensic interviewing and the ability to benefit from verbally mediated interventions.

A comparative analysis of Australian sex offender legislation for sex offender registries

Australia has followed the course taken by other English-speaking countries in recent years of enacting legislation that requires convicted sexual offenders to register personal details with law enforcement agencies. These laws have been enacted to protect the public from the perceived threat posed by sex offenders, but have been written with little apparent reference to the available research literature about the nature and extent of this threat. In addition, there is no empirical evidence supporting the effectiveness of legislatively based sex offender registries to either reduce sexual offending or to enable the police to investigate sex crimes and apprehend offenders. This article compares and contrasts the current laws governing sex offender registration enacted by the various states and territories in Australia, and offers a critical analysis of their provisions in light of the research literature on sexual offending.