EVALUATING THE PROCESS OF A RESTORATIVE JUSTICE CONFERENCE

This paper evaluates the process of diversionary restorative justice (RJ) conferences. Based on Braithwaite’s theory of reintegrative shaming (1989), RJ conferences are considered a successful means of effective crime control. Australian Reintegrative Shaming Experiments (RISE) have been examined in many ways. Previous studies, while defining the impact of RJ conferences very narrowly, focused on general effects such as victim satisfaction, recidivism rates, and changes in the attitudes of offenders (Strang, Barnes, Braithwaite, & Sherman, 1999). However, the most significant factor to be seen is whether the RJ conference results in reintegrative shaming. The factors that constitute this kind of process have not been studied adequately. Using Australian data from RISE between 1995 and 1999, this paper investigates factors that contribute to the degree of reintegrative shaming during the conference, and determines what causes this. A total of 136 juvenile offenders who were involved in property crime, shoplifting, and violent offenses were randomly assigned to RISE, and data were taken from observations by RISE staff. Results show that existing positive attachments between the offenders and their supporters, feelings of repentance, and emotional responsiveness could create reintegrative shaming. This finding supports elements of Braithwaite’s theory that emphasizes the importance of the repentant role(p. 162) and positive attachment to institutions such as family, school, and work.