Understanding Restorative Justice: How Empathy Can Close the Gap Created by Crime

224 Pages·2014·6.854 MB·English

by  Pete Wallis

PETE WALLIS
UNDERSTANDING
RESTORATIVE
JUSTICE
HOW EMPATHY CLOSES THE
GAP CREATED BY CRIME
UNDERSTANDING
RESTORATIVE JUSTICE
How empathy can close the gap
created by crime
Pete Wallis
First published in Great Britain in 2014 by

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© Policy Press 2014
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ISBN 978 1 44731 742 5 paperback
The right of Pete Wallis to be identified as author of this work has been asserted by him in
accordance with the Copyright, Designs and Patents Act 1988.
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published in this publication.
Policy Press works to counter discrimination on grounds of gender, race, disability,
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Cover design by Soapbox
Front cover and all cartoon illustrations by Joseph Wilkins (josephwilkins.co.uk)
Printed and bound in Great Britain by Short Run Press, Exeter
Policy Press uses environmentally responsible print partners
To my beloved Marguerite
Also by Pete Wallis
Are you okay? A practical guide to helping young victims of crime
IBSN 978 1 84905 098 2
What have I done? A victim empathy programme for young people
with Clair Aldington and Marian Liebmann
IBSN 978 1 84310 979 2
Why me? A programme for children and young people who
have experienced victimisation
with Shellie Keen and Tracie Lott
IBSN 978 1 84905 097 5
The pocket guide to restorative justice
with Barbara Tudor
IBSN 978 1 84310 629 6
Royalties from this book will be donated to the charity
SAFE! Support for Young People Affected by Crime
to help young people cope and recover following an
experience of victimisation (www.safeproject.org.uk).
Contents
Contents v
List of figures, tables and boxes viii
List of cartoons x
About the author xi
Acknowledgements xiii
Who is this book for? xv
Introduction 1
What is restorative justice? 1
Natural justice 3
Why the fascination with restorative justice? 4
Why do people choose restorative justice? 5
A magnetic pull 6
The importance of empathy 6
To get to the heart 8
A note on terminology 9
Part One: Empathy Level Zero: hurting 13
one Crime and unhappiness 15
Crime and the rule of law 15
Why do people commit crime? 16
the link between empathy and offending 21
two The gap caused by crime 25
The starting point for the person responsible 25
The starting point for the person harmed 27
Two categories of crime 29
Both are likely to start at the bottom of the empathy scale 30
If no one is caught 31
The gap 33
Part Two: Empathy Level One: seeing 39
three Entering the criminal justice system 41
Police investigation 41
Pure restorative justice 42
‘On-the-spot’ restorative justice 43
Pre-court restorative justice 44
A more balanced system? The notion of ‘parallel justice’ 44
four Into the criminal courts 49
Not guilty: the end of the road for restorative justice 50
v
Understanding restorative justice
Crime and punishment 56
Retributive versus restorative 58
How could the criminal justice system be more restorative? 59
Part Three: Empathy Level Two: voicing 69
five Unripe restorative justice 71
Pacing and timing 71
Positional stalemate 73
Unripe restorative justice: the danger area when it is too 73
early for an apology or for forgiveness 73
A hollow apology 74
Just in it to be heard: can restorative justice work when 76
people have little or no empathy?
Venting 77
six Restorative enquiry 79
The initial approach 79
Restorative enquiry 80
seven The keys and blocks to restorative justice 89
Taking responsibility 89
From responsibility to empathy 91
‘What have I done?’ The value of victim empathy courses 92
What about people with zero empathy? 97
Keys for the person responsible 98
eight Choice, encouragement or coercion? 101
A continuum of voluntariness 102
What’s in it for me? 105
They should be genuine 106
Choice and control for those harmed 106
Keys for the person harmed 107
The need to feel heard 107
Blocks for the person harmed 110
The end of the journey 111
Part Four: Empathy Level Three: hearing 115
nine Indirect restorative justice 117
Care with the ownership of information 117
Indirect communication 118
Why so little restorative justice? 119
A partnership of the willing 122
ten The restorative meeting 125
The start of the restorative meeting 126
Hearing the story of the person responsible 131
vi
Contents
Hearing the story of the person harmed 135
The truth will out 137
The role of others 142
Transition 144
Exploring needs 145
Part Five: Empathy Level Four: helping 149
eleven ‘Doing sorry’ 151
Moving forward 151
Negotiating outcomes 152
Endings 154
The practitioner’s role 155
twelve Does it always go so well? 157
Difficult cases where the ice won’t melt 158
Don’t give up 160
Part Six: Empathy Level Five: healing 161
thirteen Into the heart of restorative justice 163
Shame, guilt and empathy 163
Responsibility and accountability 167
Stuckness and movement 170
Meaning 173
Forgiveness 174
Healing 178
Reintegration 181
Restoration 183
Closure 184
Afterwards 185
Conclusion 193
Appendix: Further information and resources 197
Index 201
vii
Understanding restorative justice
List of figures and tables
Figures
0.1 The empathy scale 8
1.1 Analysis of factors and pathways contributing to criminal 17
events and behaviours
1.2 The conflict tree 17
1.3 An example of a life graph 19
1.4 The empathy curve 21
2.1 Starting point on the empathy scale for the 26
person responsible
2.2 Starting point on the empathy scale for the person harmed 29
2.3 In terms of empathy for the other person, the person 31
responsible and the person harmed mirror one another
2.4 The dark figure of crime 31
2.5 Both may start at the bottom of the empathy scale, with 33
a large gap (social distance) between them
3.1 Parallel justice 45
4.1 The criminal justice system can lift people up the empathy 53
scale and start to close the gap between them
4.2 Parallel justice with restorative communication between 60
the two parties
5.1 The arrows chart the start of the restorative journey; 73
empathy rises and the gap starts to close as the depth of
understanding and insight increases
6.1 The stages in the justice system where restorative justice 79
may be available
7.1 Victim empathy work as part of preparation for restorative 96
justice, with the person responsible developing their
insight and empathy
9.1 Indirect communication increases insight and empathy: the 119
two parties are mirroring one another, moving up the empathy
scale by sharing information and narrowing the gap between
them
9.2 It is frustrating when one side is ready and the other is not 122
10.1 Exit routes – the points along the road when the potential 125
for a restorative meeting can fall off the agenda
10.2 Although the physical gap between the parties closes as 128
the meeting is about to start, with people feeling nervous,
they can potentially slip lower down the empathy scale
viii
List of figures, tables and boxes
10.3 Resonant empathy 141
13.1 Into the heart of restorative justice: increasing levels of 173
‘restorativeness’ as the gap closes
Tables
9.1 The attritional effect of needing a partnership of the willing 123
Boxes
0.1 Key features of restorative justice 2
1.1 Young people in custody: a catalogue of misery 20
8.1 The options: ‘a continuum of voluntariness’ 103
8.2 A healthy continuum of voluntariness 103
8.3 Potential benefits of restorative justice for the person 105
who has caused harm
8.4 Potential benefits of restorative justice for the person 108
harmed
9.1 Extract from an interview with Damilola Taylor’s father 121
11.1 The practitioner’s role 156
ix