Restorative Justice

1. What is Restorative Justice
2. Examples of Restorative Field Education Sites

3. A Sample Course in Restorative Justice

1. A Third Component for Community: Restorative Justice

What is “Restorative Justice”?

We would like to think that forgiveness moves toward reconciliation and that reconciliation moves toward patterns of life that are based in trust and are just and equitable. This would appear to be the conclusion of Psalm 85:10 – the meaningful meeting place of truth, mercy, justice, and peace (Lederach). Such relationships might be called restorative, or we might use the term “restorative justice.” To be reconciled to another, not merely to tolerate the other, means that change is required on the part of both parties as we seek the restoration of each other, something we or the other may or may not be prepared to do (Volf). Another way to refer to such new patterns of relationship is to use the term “repairative” justice or even “transformative” justice. This perspective about how we might live together draws upon the Hebrew Bible, or both OT and NT assumptions – and also upon the best wisdom traditions of indigenous peoples and other religions or faith traditions. It emphasizes the humanity of both victims and victimizers. It seeks to repair social connections, to foster peace rather than retribution against offenders (Minow, 92).

1) Various Definitions:

Most agree that restorative justice promotes healing, but the kind of healing depends upon the nature of the breach. One focus is to see crime as more than simply law-breaking, an offense against governmental laws and regulations. Instead, RJ advocates also see crime as causing multiple injuries to victims, the community and the offender (Zehr, 181-186). Another lens is to view the criminal justice process as one that should help repair the injuries brought about by crime (Wright, 114-117). Still others protest the government’s monopoly over society’s response to crime. Victims, offenders, and their communities must also be involved as early as possible and as much as possible (Van Ness, 31).

2) Consider the Following Example:

Carolyn Boys-Watson, director of the Center for Restorative Justice, Suffolk University, defines our term in the following way: “Restorative justice is a broad term which encompasses a growing social movement to institutionalize peaceful resolutions to criminal and human rights violations. These range from international peacemaking tribunals such as the Truth and Reconciliation Commission of South Africa to innovations within our courts, jails, and prisons, such as victim-offender dialogue, community justice committees and victim impact panels. Rather than privileging the law and the state, restorative justice engages the victim, offender and the affected community in search of solutions that promote repair and reconciliation. Restorative justice seeks to build partnerships to re-establish mutual responsibility for constructive responses to crime and wrongdoing within our communities.”

3) Examples of Recent Literature Include:

• Shay Bilchik, Guide for Implementing the Balanced and Restorative Justice Model. Report (US Dept. of Justice Office of Justice Programs, 1998).
• Michael L. Hadley, ed., The Spiritual Roots of Restorative Justice (Albany: SUNY, 2001).
• Martha Minow, Between Vengeance and Forgiveness (Beacon Press, 1999).
• Daniel Van Ness and Karen Strong, Restoring Justice (Anderson, 1997).
• Barry Stuart, Building Community Justice Partnerships: Community Peacemaking Circles (Yukon: Community Peacemaking Circles, n.d./1996?).
• Howard Zehr, Changing Lenses. A New Focus for Crime and Justice (Herald Press, 1995).
• Miroslav Volf, Exclusion and Embrace. A Theological Exploration of Identity, Otherness, and Reconciliation (Abingdon, 1996).
• Martin Wright, Justice for Victims and Offenders (Open University Press, 1991).

BTI Activity that clearly correlates with work in Restorative Justice is prison ministry, programming such as the forthcoming, “Making Space at the Table”: working in the prisons with programs like the Alternatives to Violence Project (AVP). See the AVP website at: www.avpusa.org.

2. Examples of Restorative Justice Field Education Sites

Examples of BTI Field Education Sites under this category include:

• ACI Prison Ministry, Cranston, RI
  Chaplaincy and volunteer programs within the 9 facilities of the Rhode Island Department of Correction that include worship services, Houses of Healing, Boundaries for Healthy Relationships, Cirgles of Hope, and Bible Drama. (Separate ex-offender program www.theblessingway.org)
• Alternatives to Violence (AVP)
  To empower people to lead nonviolent lives through affirmation, respect for all, community building, cooperation, and trust.
• Center for Church and Prison
• Concord Prison Outreach
  The Mission of Concord Prison Outreach is to initiate, support and coordinate volunteer involvement in educational programming at the two prisons located in Concord: MCI-Concord and the Northeastern Correctional Center (NCC).
• New England Prison Ministries
• Partakers
• Refugee Immigration Ministry (RIM)
  To serve the needs of asylum seekers and those detained by the U.S. Immigration and Naturalization Service through social services, spiritual care, and advocacy.
• Roca: Roca is a multicultural human development and community building organization based in Chelsea and serving the communities of Chelsea, Revere, East Boston and Lynn, Massachusetts.
• The Center for Restorative Justice
• Prison Fellowship International
• JUSTPEACE, a program of the United Methodist Church linked to the BTI and to Boston University School of Theology

A Sample of Current Literature on Restorative Justice reflecting on prison ministry as restorative justice is “Transforming and Restorative Justice and the Churches: Creating Healing Environments in Prisons,”
by Carol Anderson Peters. (See under BTI Publications.)

International examples of work in restorative justice is found at:

3. Sample Course

TS 877 - The Principles and Practices of Restorative Justice for Church and Society
Boston University School of Theology
Instructors: Tom Porter and Rodney Petersen
Fall 2005 Room #22B School of Theology (updated in 2010)
Monday 1-4pm
Office: Phone –  61...; Fax – 617-527-1073; Email – petersen@bostontheological.org


I. Course Objectives
Our teaching emphasis will be on the fundamental principles and practices of restorative justice as applicable to church and society. The course explores the needs and roles of key stakeholders (victims, offenders, communities, justice systems), outlines the basic principles and values of restorative justice and introduces some of the primary models of practice. It also identifies challenges to restorative justice - the dangers, the pitfalls – as well as possible strategies to help prevent restorative justice from failing to live up to its promise. This is done in the context of a Biblical understanding of justice leading to the development of a theology of the church and of a public theology that is restorative and not retributive.

The course is organized around the issue of crime and harm within a western legal context. However, attention is given to applications and lessons from other contexts. Of particular interest is the contribution of traditional or indigenous approaches to justice as well as applications in post-conflict situations. Ultimately, the course explores restorative justice as a way of seeking justice in all contexts and as a way of life.

II. Course Procedure

This course is scheduled for three hours on each Monday of the semester, excluding Columbus Day, from 1:00 to 4:00 p.m. (with a break after the first half of the period).
The class will include presentations from the instructors, class discussions of the assigned readings, and exercises to develop skills.
We will be involved in observing and reflecting on the work of people involved in the fields of conflict transformation and restorative justice.
Students will also be co-participants in discussions of how to best educate and train future leaders of the Church.


III. Requirements and Grading

A primary responsibility in this class is active weekly participation. Students are expected to do the required reading and to participate in class. Occasional oral assignments will be made based on class readings. In addition, participants are asked to prepare three (3) brief papers for this class.
1. Paper (c. 5 pp. double-spaced with endnotes as appropriate) based on the Principles of Restorative Justice. The paper should draw primarily on course readings as defined in the required reading lists and your experience: How do the principles of restorative justice respond to your experiences of harm and offense? (Due: October 24)
2. Paper (c. 5 pp. double-spaced with endnotes as appropriate) based upon your integration of the theoretical and practical understanding of the practices of restorative justice you have gained at one of the field experiences together with course readings and instruction: What have you learned from your experience in the field as it relates to your understanding of restorative justice practices? (Due: November 21)
3. Final “Synthetic” Paper (10 pp. double-spaced with endnotes as appropriate). This paper should thoughtfully engage course materials and your experience. It should illustrate your understanding of the integration of theology and best practices in restorative justice as you develop a public theology of restorative justice and, from it, create a model of the local church as a center for restorative justice. (Due: December 5)
Grading
Class Participation (20%)
Two “Secondary” Papers (20% each or 40%)
Final Paper (40%)


IV. Field Experience

An added feature of this course is the opportunity that we will have to visit various sites that operate with conflict transformation and/or restorative justice principles and practice. These may include the following:
• Ella J. Baker House, an entity of the Azusa Christian Community (Ken Johnson, Director)
• Roca, a youth services facility in Chelsea (Molly Baldwin, Director)
• The Restorative Justice Center of Suffolk University (Carolyn Boyes-Watson, Director)
• United Baptist Church (Rev. Renee Jackson)
• Wellesley Village Church, UCC (Martin Copenhaver) – AME Zion Church (Greg Grover)
• First Parish Concord (and Concord Outreach)
• Richard Nethercut (Alternatives to Violence Program)
• Other sites are possible as determined by class interest and need.
Details about the above visits and their time and location will be available at the beginning of the course. Class participants are asked to assist in the selection process so as to maximize course usefulness.

V. Course Schedule

9/12 - Class One Introduction and Overview
• Overview of Restorative Justice
• Origin and Evolution of Restorative Justice Principles and Practices
• Restorative Justice, the Church and Public Theology
Required Reading (c. 157 pp.):
Zehr, Little Book of Restorative Justice, 3-63.
Gilligan, Preventing Violence, chapters 1 and 5 (pp. 29-37, 80-106).
Marshall, Little Book of Biblical Justice, 60 pages
Marty, The Public Church, pp. 1-22.
Petersen, “Racism, Restorative Justice, & Reconciliation,” Missiology: pp. 71-86.

A. The Principles of Restorative Justice

9/19 - Class Two What does justice require for victims?
• Experience of Harm and Trauma
• Needs of Victims
• Response of Retributive Justice and Restorative Justice
Required Reading (c. 101 pp.)
Zehr, Changing Lenses, pp. 11-32.
Zehr, Transcending: Reflections of Crime Victims, read selectively
Johnstone, Restorative Justice: Issues, Values, Debates, pp. 62-85.
Zehr and Towes, Critical Issues in Restorative Justice, pp. 65-104.
STAR (Strategies for Trauma Awareness and Resilience) pp. 1-18

9/26 - Class Three What does justice require for/from offenders?
• The Needs of Offenders
• The Journey of Real Accountability and the Problem of Punishment
• Response of Retributive Justice and Restorative Justice
Required Reading (c. 229 pp.):
Zehr, Changing Lenses, pp. 33-59.
Cayley, The Expanding Prison, pp. 1-121
Johnstone, Restorative Justice, pp. 87-134.
Zehr and Towes, Critical Issues in Restorative Justice, pp. 107-152.
Zehr, Doing Life: Reflections of Men and Women Serving Life Sentences, read selectively.

10/3 - Class Four What does justice require for/from communities?
• Needs of Communities
• Addressing Systemic and Structural Injustice
• Response of Retributive Justice and Restorative Justice
Required Reading (c. 222 pp.)
Cayley, The Expanding Prison, pp. 123-164.
Stout, Democracy and Tradition, “The Emergence of Modern Democratic Culture,” and “The Ideal of a Common Morality,” pp. 203-245.
Sullivan and Tift, Restorative Justice: Healing the Foundations of our EverydayLives, pp. 41-49, 139-194
Zehr and Towes, Critical Issues in Restorative Justice, pp 155-236.

10/17 - Class Five What does justice require? Retributive and Restorative Justice
• The Principles of Restorative Justice
• Critical Issues
• Retributive and Restorative Justice: Our Experience and Response
Required Reading (c. 211 pp.)
Zehr, Changing Lenses, pp. 63-125 and 177-229.
Rawls, A Theory of Justice, pp.
Zehr and Towes, Critical Issues in Restorative Justice, 1-63.
Johnstone, Restorative Justice, pp. 1-35.

B. The Practices of Restorative Justice

10/24 - Class Six Restorative Justice and Victim Offender Conferencing
• History and Overview
• The Process
• The Experience
Required Reading (c. 106+ pp.)
Zehr, Changing Lenses, pp. 158-174.
Cayley, The Expanding Prison, pp. 167-237.
Karp and Clear, What is Community Justice. Case Studies of Restorative Justice and Community Supervision, read selected case studies.
Umrbreit et al, “Victim-Offender Mediation: Three Decades of Practice”, pp. 279-299 (Handout)
Umbreit, The Handbook of Victim Offender Mediation: An Essential Guide to Practice and Research, pp. to be determined.
Zehr and Stutzmann (Eric)
See: www.voma.org - Victim Offender Mediation Association (VOMA), an international membership association, supports and assists people and communities working at restorative models of justice. VOMA provides resources, training, and technical assistance in victim-offender mediation, conferencing, circles, and related restorative justice practices.

10/31 - Class Seven Family Group Conferences
• History and Overview
• The Process
• The Experience
Required Reading (c. 141 pp.)
Zehr, Changing Lenses, pp. 256-262.
Lupton, Empowering Practice: A Critical Appraisal of the Family Group Conference Approach, pp. to be assigned.
MacRae & Zehr, The Little Book of Family Group Conferencing, New Zealand
Style. Pp, 1-64
Strang and Brathwaite, eds., Restorative Justice and Family Violence, pp. 1-61.
Zehr, “Commentary: Restorative Justice: Beyond Victim-Offender Mediation, 305-315 (Handout)
11/7 - Class Eight Circle Processes
• History and Overview
• The Process
• The Experience

Required Reading (c. 294 pp.)
Boyes-Watson, Roca Circles, pp. 1- 40.
Cayley, The Expanding Prison, pp. 239-294.
Pranis, Stuart and Wedge, Peacemaking Circles, pp. 9-208.

11/14 - Class Nine Restorative Justice in Severe Violence; Restorative Justice and Large-Scale Wrongdoing: TRC, etc.
• The Application of Restorative Justice to Cases of Severe Violence
• Truth Commissions: A Study of the Truth and Reconciliation Committee in South Africa
• Truth, Justice and Reconciliation
Required Reading (c. 164 pp.):
Bigger, Burying the Past: Read chapters by Martha Minow (pp. 87-100) and Charles Villa-Vicencio (pp. 235-250).
Cayley, The Expanding Prison, pp. 295-365.
De Gruchy, Reconciliation, Restoring Justice, 147-213
C. Restorative Justice: Religion. The Bible & Public Theology

"From now on, therefore, we regard no one from a human point of view; even though we once knew Christ from a human point of view, we know him no longer in that way. So if anyone is in Christ, there is a new creation: everything old has passed away; see, everything has become new! All this is from God, who reconciled us to himself through Christ, and has given us the ministry of reconciliation; that is, in christ God was reconciling the world to himself, not counting their trespasses against them, and entrusting the message of reconciliation to us." 2 Corinthians 5:16-17-19:

11/21 - Class Ten Indigenous Traditions
• History and Overview
• First Nation Principles
• First Nation Practices
Required Readings c. 237 pp.):
Johnstone, Restorative Justice, pp. 36-60.
Ross, Returning to the Teachings, pp. 5-75; 131-274
Hadley, Spiritual Roots of Restorative Justice, pp. to be determined.

11/28 - Class Eleven Restorative Justice and Biblical Justice
• Restorative Justice in the Hebrew Bible/OT and New Testament
• Breaking the Spiral of Violence
• Restorative Justice and the Doctrine of the Atonement
Required Reading (c. 130+ pp.):
Zehr, Changing Lenses, pp. 126-157.
Marshall, Beyond Retribution, selected reading
Weaver, The NonViolent Atonement pp. 12-96.
Wink, Engaging the Powers, pp. 87 – 104.

12/5 - Class Twelve Restorative Justice, Social Order and a Public Theology
• Restorative Justice and a Public Theology: Can we Bring our Gods to the Table?
• Making Peace or Doing Justice: Must We Choose?
• Politics and Forgiveness: Building Social Order
Required Reading (c. 170+ pp.):
Biggar, Burying the Past, 3-86.
Docherty, Jayne Seminare. Learning Lessons from Waco, pp. 225-312.
Stout, Democracy and Tradition, pp. to be chosen.

12/12 - Class Thirteen The Church as a Neighborhood Center for (Forgiveness and Reconciliation &) Restorative Justice
• An Exposition of Matthew 18
• An Excursus into Jewish and Christian Interpretations of Forgiveness
Required Readings:
Reflections by Students

V. Required Readings

The following reading is required of those taking the class for academic credit and recommended for non-credit participants as well.
Cayley, David. The Expanding Prison: The Crisis in Crime and Punishment and the Search for Alternatives (Toronto: House Of Anansi, 1998).
De Gruchy, John W. Reconciliation: Restoring Justice (Minneapolis: Augsburg Fortress Publishers, 2003)
Johnstone, Gerry. Restorative Justice: Ideas, Practices, Debates (Willan Pub., 2001).
Marshall, Christopher. Beyond Retribution: A New Testament Vision for Justice, Crime, and Punishment (Studies in Peace and Scripture). (Grand Rapids: Wm. B. Eerdmans Publishing Company, 2001).
MacRae, Allan & Howard Zehr, The Little Book of Family Group Conferencing, New
Zealand Style.
Pranis, Kay, Barry Stuart and Mark Wedge, Peacemaking Circles. From Crime to Community (St. Paul, MN: Living Justice Press, 2003).
Ross, Rupert. Returning to the Teachings: Exploring Aboriginal Justice (New York: Penguin Books, 1996).
Zehr, Howard. Changing Lenses: A New Focus for Crime and Justice (Scottdale, PA: Herald Press, 1990).
Zehr, Howard. The Little Book of Restorative Justice (Intercourse, PA: Good Books, 2002).

VI. Additional Bibliography

Biggar, Nigel, ed. Burying the Past: Making Peace and Doing Justice after Civil Conflict, (Washington, D. C.: Georgetown University Press, 2003).
Docherty, Jayne Seminare. Learning Lessons from Waco. When the Parties Bring Their Gods to the Negotiation Table (New York: Syracuse University Press, 2001).
Garland, David, The Culture of Control. Crime and Social Order in Contemporary Society (Chicago: University of Chicago Press, 2002).
Gilligan, James. Preventing Violence, (New York: Thames & Hudson, 2001).
Karp, David R. and Todd R. Clear, eds. What is Community Justice. Case Studies of Restorative Justice and Community Supervision (Thousand Oaks, CA: Sage Publications, 2002).
Lupton, Carol. Empowering Practice: A Critical Appraisal of the Family Group Conference Approach,
Marty, Martin, The Public Church: Mainline – Evangelical – Catholic (New York: Crossroad, 1981).
Minow, Martha, Between Vengeance and Forgiveness
Strang, Heather and John Brathwaite, eds., Restorative Justice and Family Violence (Cambridge: Cambridge University Press, 2002).
Umbreit, Mark. The Handbook of Victim Offender Mediation : An Essential Guide to Practice and Research
Van Ness, Daniel and Karen Heetderks Strong. Restoring Justice (Cincinnati, Ohio: Anderson Publishing Co., 1997).
Weaver, J. Denny. The NonViolent Atonement (Grand Rapids: Eerdmans, 2001).
Witte, John and Frank Alexander, eds. Weightier Matters of the Law: Essays on Law and Religion (Atlanta: Scholars Press, 1988).