Restorative justice in the criminal justice system
Restorative justice in the criminal justice system uses a victim and offender dialogue to address the harm caused by a crime as well as victims’ experiences, interests, and needs (Latimer 2005). This approach can be practiced using sharing circles, victim-offender mediation, or facilitated face-to-face conferences that include victims, offenders, their families, friends, and other community members. Restorative justice practice can occur throughout the criminal justice process, from pre-arrest to post-sentence, and can take place in settings such as prisons, therapeutic facilities, and communities (Daly 2016, Koss 2014). Judges may consider reducing sentences for some persons convicted of crimes following restorative justice participation (Sherman 2007).
Note: In this strategy the term “victim/survivor” refers to individuals who have experienced abuse (e.g., physical, sexual, psychological, financial, emotional, verbal abuse) and/or stalking by an intimate partner. County Health Rankings & Roadmaps recognizes that both terms have different implications in the context of criminal justice, legal processes, advocacy, and service provision.
What could this strategy improve?
Expected Benefits
Our evidence rating is based on the likelihood of achieving these outcomes:
- Reduced recidivism
Potential Benefits
Our evidence rating is not based on these outcomes, but these benefits may also be possible:
- Increased satisfaction with justice process
- Reduced post-traumatic stress
What does the research say about effectiveness? -+
There is strong evidence that restorative justice in the criminal justice system reduces recidivism (Fulham 2023, Mills 2019, Han 2021, Campbell-Strang 2013, Latimer 2005, Sherman 2015, Sherman 2007). For juvenile offenders, effects on recidivism can persist long-term (Shem-Tov 2024) and appear strongest when restorative justice practices are implemented with researcher involvement and high fidelity to tested models (Schwalbe 2012, Hipple 2014).
Restorative justice interventions for individuals convicted of intimate partner violence crimes can be more effective in decreasing recidivism and levels of crime severity compared to a traditional batterer program (Mills 2019) and can also reduce rearrests related non-domestic violence (Mills 2013c). An eight hour-long brief restorative justice intervention may reduce recidivism among persons on probation in the long term (Kennedy 2019b). Delivering restorative justice intervention closer to prison release appears to be associated with delayed recidivism compared to delivering the intervention earlier in a sentence (Richner 2022).
Victim-offender mediation appears to reduce juvenile recidivism (Nugent 2004). Arizona-based studies indicate that youth with a criminal charge in restorative justice conferencing are less likely to reoffend than peers in a traditional diversion program (Rodriguez 2007, De Beus 2007); effects are greater for girls compared to boys, and youth with few prior offenses than youth with more prior offenses (Rodriguez 2007). Youth who are convicted of a crime for the first time and participate in restorative justice programs may be less likely to reoffend than peers in the traditional justice system (Bergseth 2013); additional evidence is needed to confirm effects (Cochrane-Livingstone 2013).
Victims of crime who participate in restorative justice efforts have greater levels of satisfaction with the justice process than those who participate in the traditional justice process (Campbell-Strang 2013, Fulham 2023, Latimer 2005). Restorative justice conferencing can also reduce victims’ post-traumatic stress symptoms (Sherman 2015, Angel 2014, Koss 2014). Individuals convicted of a crime who participate in restorative justice appear more likely to comply with restitution requirements than those who participate in the traditional justice system (Latimer 2005). In some circumstances, persons with a criminal conviction report greater levels of satisfaction with the restorative justice process than the traditional justice process (Fulham 2023, Latimer 2005, Sherman 2007). Restorative justice programs have potential to improve interpersonal relationships among individuals in the justice system and help them prepare for return to the communities (Ross 2020).
Victim-centered practice, open and respectful interactions in a safe environment, and facilitator training support effective restorative justice for youth (Choi 2012). For restorative justice processes of intimate partner violence or sexual assault, researchers recommend specialized facilitator training, voluntary participation of both parties, and psychological support for all participants to improve victims/survivors’ safety and prevent their re-victimization (Balser 2024, Burns 2023); social support for individuals convicted of a sexual offense is also recommended to meet their social and practical needs and prevent their recidivism (Bohmert 2018). Research funding for rigorous evaluations, commitment from the state, agencies, and communities, and education on benefits for communities are needed for successful implementation (Gerkin 2017, Sliva 2020).
A Washington-based analysis estimates that restorative justice conferencing costs about $1,307 per adult participant in 2022, with a benefit to cost ratio of $2.05 (WSIPP-Benefit cost).
How could this strategy advance health equity? This strategy is rated inconclusive impact on disparities. -+
It is unclear what impact restorative justice practice has on disparities in recidivism and well-being of the individuals involved in offenses. Available evidence indicates that among restorative participants, women and older individuals are less likely to reoffend than men and younger individuals (Richner 2022). In a Salt Lake County-based study, there are racial differences in participation and completion in a restorative justice juvenile court program: Among those referred to the program, Black, Latino, and Pacific Islander youth are more likely to participate in the program than white peers and Black youth are less likely to complete the program than white peers. There is no gender or age difference in program participation and completion (Munoz 2022). States that have higher incarceration rates, higher percentages of Black residents, and higher percentages of female legislators in the state legislative body are associated with adopting more supportive restorative justice policies (Silva 2018).
Researchers recommend integrating restorative justice practice in the justice system to strengthen the response system to violence against women (Decker 2022); creating safe and productive restorative justice processes is also critical for sexual violence victims/survivors in marginalized communities who are facing structural inequities (Burns 2023).
What is the relevant historical background? -+
American policing, behavior criminalization, and justifying incarceration has stemmed from racist practices since the 1700s (Leland 2022). In 1965, Congress’s Law Enforcement Assistance Act marked the beginning of federal government involvement in criminal justice and law enforcement and the Johnson Administration declared a “war on crime” a year later, with increasingly harsh and punitive sentencing laws alongside aggressive policing (NASEM 2014). The U.S. justice system was designed to deter crime through aversive control and social isolation, not to support socially significant behavior change and reinforce prosocial behavior. Restorative justice is one alternative to the punishment, incarceration-focused justice system (Leland 2022). A grassroot movement of restorative justice – often cited as an indigenous approach to justice – had become popular in the format of a victim-offender reconciliation program by 1990. In the late 1990s, victim-offender dialogue programs and family group conferencing expanded in the criminal justice and child welfare settings (Silva 2018).
Equity Considerations -+
- Who in your community has been involved in restorative justice programs? What are barriers to participation?
- What resources and partnerships could support expanding restorative justice practice in the justice system?
- What training is needed for stakeholders in restorative justice (e.g., prosecutors and attorneys) and facilitators to increase victims/survivors’ safety?
Implementation Examples -+
Restorative justice has been implemented in some states, such as Minnesota (MN DPS-ORP), and in many American Indian and Alaska Native communities (Tribal Youth-YHWC). City-level efforts are also underway in many communities, including Baltimore's Restorative Response Baltimore (RRB), New York City’s Common Justice (CJ-NYC), Minneapolis' victim-offender mediation program (OJJDP Model Programs), and Salt Lake City's Salt Lake Peer Court for marginalized youth in the juvenile justice system (SLPC).
As of August 2022, 43 states have enacted laws that provide funding support or structural guidance for restorative justice programs in the juvenile justice system (NCSL-RJ). For example, Colorado has adopted the most extensive supportive bills for restorative justice or victim-offender conferencing in the juvenile justice and criminal justice systems (Sliva 2017).
Implementation Resources -+
CO-RJ Training - Restorative Justice Colorado. (n.d.). Restorative justice & adult diversionary models training (RJ Training). Retrieved December 17, 2024.
RJE - Restorative Justice Exchange (RJE). Strengthening restorative practices.
Citations -+
* Journal subscription may be required for access.
Angel 2014* - Angel, C. M., Sherman, L. W., Strang, H., et al. (2014). Short-term effects of restorative justice conferences on post-traumatic stress symptoms among robbery and burglary victims: A randomized controlled trial. Journal of Experimental Criminology, 10(3), 291–307.
Balser 2024* - Balser, S., Withrow, A., Johnson, L. R., & Duke Chaikin, C. (2024). Restorative justice in cases of intimate partner violence in the United States: A metasynthesis. Families in Society, 105(3), 384-401.
Bergseth 2013* - Bergseth, K. J., & Bouffard, J. A. (2013). Examining the effectiveness of a restorative justice program for various types of juvenile offenders. International Journal of Offender Therapy and Comparative Criminology. 57(9), 1054-1075.
Bohmert 2018* - Bohmert, M. N., Duwe, G., & Hipple, N. K. (2018). Evaluating restorative justice circles of support and accountability: Can social support overcome structural barriers? International Journal of Offender Therapy and Comparative Criminology, 62(3), 739-758.
Burns 2023* - Burns, C. J., & Sinko, L. (2023). Restorative justice for survivors of sexual violence experienced in adulthood: A scoping review. Trauma, Violence, & Abuse, 24(2), 340-354.
Campbell-Strang 2013 - Strang H, Sherman LW, Mayo-Wilson E, Woods D, Ariel B. Restorative justice conferencing (RJC) using face-to-face meetings of offenders and victims: Effects on offender recidivism and victim satisfaction: A systematic review. Campbell Systematic Reviews. 2013:12.
Choi 2012* - Choi JJ, Bazemore G, Gilbert MJ. Review of research on victims’ experiences in restorative justice: Implications for youth justice. Children and Youth Services Review. 2012;34(1):35–42.
CJ-NYC - Common Justice (CJ). (n.d.). Build transformative solutions to violence in New York City. Retrieved December 17, 2024.
Cochrane-Livingstone 2013 - Livingstone N, Macdonald G, Carr N. Restorative justice conferencing for reducing recidivism in young offenders (aged 7 to 21). Cochrane Database of Systematic Reviews. 2013;(2):CD008898.
Daly 2016 - Daly K. What is restorative justice? Fresh answers to a vexed question. Victims & Offenders. 2016;11(1):9–29.
Dane-CRC - The Dane County Department of Human Services. The Dane County Restorative Courts (CRC).
De Beus 2007* - De Beus K, Rodriguez N. Restorative justice practice: An examination of program completion and recidivism. Journal of Criminal Justice. 2007;35(3):337-347.
Decker 2022* - Decker, M. R., Holliday, C. N., Hameeduddin, Z., Shah, R., Miller, J., Dantzler, J., & Goodmark, L. (2022). Defining justice: Restorative and retributive justice goals among intimate partner violence survivors. Journal of Interpersonal Violence, 37(5-6), NP2844-NP2867.
Eau Claire-RJ - Tandem. (n.d.). Restorative justice. Eau Claire, Wisconsin. Retrieved December 17, 2024.
Fulham 2023 - Fulham, L., Blais, J., Rugge, T., & Schultheis, E. A. (2023). The effectiveness of restorative justice programs: A meta-analysis of recidivism and other relevant outcomes. Criminology & Criminal Justice. Advance online publication.
Gerkin 2017 - Gerkin, P., Walsh, J., Kuilema, J., & Borton, I. (2017). Implementing restorative justice under the retributive paradigm: A pilot program case study. Sage Open, 7(1).
Han 2021* - Han, S., Valdovinos Olson, M., & Davis, R. C. (2021). Reducing recidivism through restorative justice: An evaluation of Bridges to Life in Dallas. Journal of Offender Rehabilitation, 60(7), 444–463.
Hipple 2014* - Hipple NK, Gruenewald J, McGarrell EF. Restorativeness, procedural justice, and defiance as predictors of reoffending of participants in family group conferences. Crime & Delinquency. 2014;60(8):1131–1157.
Kennedy 2019b* - Kennedy, J. L. D., Tuliao, A. P., Flower, K. N., Tibbs, J. J., & McChargue, D. E. (2019). Long-term effectiveness of a brief restorative justice intervention. International Journal of Offender Therapy and Comparative Criminology, 63(1), 3-17.
Koss 2014* - Koss MP. The RESTORE Program of restorative justice for sex crimes: Vision, process, and outcomes. Journal of Interpersonal Violence. 2014;29(9):1623–1660.
Latimer 2005* - Latimer J, Dowden C, Muise D. The effectiveness of restorative justice practices: A meta-analysis. The Prison Journal. 2005;85(2):127–44.
Leland 2022 - Leland, W., & Stockwell, A. (2022). Anti-oppressive restorative justice: Behavior analysis in alternatives to policing. Behavior Analysis in Practice, 15(4), 1232–1236.
Mills 2013c* - Mills, L.G., Barocas, B., & Ariel, B. (2013). The next generation of court-mandated domestic violence treatment: A comparison study of batterer intervention and restorative justice programs. Journal of Experimental Criminology, 9(1), 65–90.
Mills 2019* - Mills, L. G., Barocas, B., Butters, R. P., & Ariel, B. (2019). A randomized controlled trial of restorative justice-informed treatment for domestic violence crimes. Nature Humam Behaviour, 3, 1284–1294.
MN DPS-ORP - Minnesota Department of Public Safety (MN DPS). (n.d.). Office of Restorative Practices (ORP). Retrieved December 17, 2024.
Munoz 2022* - Muñoz, E. A., Owen, R. Y., Próspero, M., & Adkins, D. E. (2022). Diversion and restorative justice: Salt Lake Peer Court disrupting disproportionate minority contact? Sociology of Race and Ethnicity, 8(2), 284-300.
NASEM 2014 - National Academies of Sciences, Engineering, and Medicine (NASEM), National Research Council. (2014). The growth of incarceration in the United States: Exploring causes and consequences. The National Academies Press.
NCSL-RJ - National Conference of State Legislatures (NCSL). (n.d.). Juvenile justice: Young people and restorative justice (RJ). Retrieved December 17, 2024.
Nugent 2004* - Nugent WR, Williams M, Umbreit MS. Participation in victim-offender mediation and the prevalence of subsequent delinquent behavior: A meta-analysis. Research on Social Work Practice. 2004;14(6):408–16.
OJJDP Model Programs - Office of Juvenile Justice and Delinquency Prevention (OJJDP). OJJDP model programs guide.
Richner 2022* - Richner, K. A., Pavelka, S., & McChargue, D. E. (2023). A restorative justice intervention in United States prisons: Implications of intervention timing, age, and gender on recidivism. International Journal of Offender Therapy and Comparative Criminology, 67(12), 1193-1210.
Rodriguez 2007* - Rodriguez N. Restorative justice at work: Examining the impact of restorative justice resolutions on juvenile recidivism. Crime & Delinquency. 2007;53(3):355–79.
Ross 2020* - Ross, K., & Muro, D. (2020). Possibilities of prison-based restorative justice: Transformation beyond recidivism. Contemporary Justice Review, 23(3), 291–313.
RRB - Restorative Response Baltimore (RRB). Community conferencing and restorative practices.
Schwalbe 2012* - Schwalbe CS, Gearing RE, MacKenzie MJ, Brewer KB, Ibrahim R. A meta-analysis of experimental studies of diversion programs for juvenile offenders. Clinical Psychology Review. 2012;32(1):26–33.
Shem-Tov 2024* - Shem‐Tov, Y., Raphael, S., & Skog, A. (2024). Can restorative justice conferencing reduce recidivism? Evidence from the Make-it-Right program. Econometrica, 92(1), 61-78.
Sherman 2007 - Sherman LW, Strang H. Restorative justice: The evidence. London, UK: Smith Institute; 2007.
Sherman 2015 - Sherman LW, Strang H, Barnes G, et al. Twelve experiments in restorative justice: The Jerry Lee program of randomized trials of restorative justice conferences. Journal of Experimental Criminology. 2015;11(4):501–540.
Silva 2018* - Sliva, S. M. (2018). Finally “changing lenses”? State-level determinants of restorative justice laws. The Prison Journal, 98(5), 519-543.
Sliva 2017* - Sliva, S. M. (2017). A tale of two states: How U.S. State Legislatures consider restorative justice policies. Contemporary Justice Review, 20(2), 255–273.
Sliva 2020* - Sliva, S., Shaw, M., & Han, T. M. (2020). Policy to practice: An implementation case study in restorative justice. Contemporary Justice Review, 23(4), 527–543.
SLPC - Salt Lake Peer Court (SLPC). (n.d.). A program of Utah Law Related Education. Retrieved December 17, 2024.
Tribal Youth-YHWC - Tribal Youth Resource Center. (n.d.). Tribal youth healing to wellness court (YHWC). Retrieved December 17, 2024.
WSIPP-Benefit cost - Washington State Institute for Public Policy (WSIPP). Benefit-cost results.