Children, Psychology, and Law: Restorative Justice's Impact on Youth

This essay explores the transformative effect of restorative justice on the lives of children and youth, focusing on its psychological impacts. The paper begins by establishing the significance of restorative justice as a fundamental principle of human society, contrasting it with traditional retributive justice. It then presents a hypothesis that restorative justice can play an instrumental role in the correctional approach, especially regarding youth. The essay supports this hypothesis through a literature review that examines scholarly resources, including studies on restorative justice programs, victim-offender mediation, and positive criminology. The discussion section delves into the differences between juvenile and adult offenders, emphasizing the rehabilitative goals of the juvenile justice system and the benefits of restorative justice in promoting reintegration. The essay argues that restorative justice, unlike retributive justice, addresses the needs of both the victim and the offender, fostering responsibility and community support. The conclusion reinforces the effectiveness of restorative justice in reintegrating offenders and its positive impact on society, making it a key topic in psychology.

Running head: THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
The Transformative Effect of Restorative Justice
Student’s name
University
Author’s note

1
THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
Abstract
Restorative justice has been a widespread practice in many countries in the present
timeframe. It offers a direct mediation between the victim and the offender, bringing out a
constructive and positive outcome of the process. It is often argued that restorative justice is
more effective in dealing with young offenders, with a potential to visibly transform their lives.
Besides, scholars of social psychology have also emphasized the positive role of restorative
justice in the correctional punishment and offender rehabilitation. This research paper aims to
explain and identify the transformative impact of restorative justice and in which way it helps to
change the lives of the youth and children. It is essentially an exploratory qualitative research
that is informed by the researches and analyses of other scholarly resources. It adopts a critical
explanation of the findings of the analyses and further integrates them with established
psychological theories and approaches. It seeks to establish that restorative justice can positively
influence the perspective of young offenders and takes an instrumental role in the restitution of
the offenders.

2
THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
Table of Content
Introduction......................................................................................................................................3
Hypothesis.......................................................................................................................................4
Literature Survey.............................................................................................................................4
Discussion........................................................................................................................................7
Conclusion.......................................................................................................................................9
References......................................................................................................................................10

3
THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
Introduction
Among all the fundamental principles of human society, justice is one of the most
significant political and moral concepts. It is regarded as the cornerstone of the society,
regulating the organization, regulation and sustenance of a civil society. Since the ancient ages,
several scholars and thinkers have contributed to the development of an ideal theory of justice,
the most prominent of which are developed by ancient Greek philosophers Plato and Aristotle. In
the mediaeval ages, St, Thomas Aquinas and St. Augustine have also contributed their theories
of justice grounded in Christian beliefs. In modern history, Thomas Hobbes, David Hume,
Immanuel Kant and John Stuart Mill all have contributed to the discourse of justice. However,
the most widely recognized theory of justice in the contemporary Western tradition was
propounded by John Rawls, the famous American political and social thinker, in his A Theory of
Justice (Swift, 2019).

4
THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
Evidently, the concept of justice has taken many forms and perspectives over time. The
fundamental concept of justice not only changes in the views of different scholars, it also varies
in different cultures and societies. While a section of thinkers have propounded adherence to
established norms and regulations to maintain justice, a large number of thinkers have argued in
favour of reforming the conservative ideas and principles to accommodate changed social needs
and customs in the context of justice (Liebig & Sauer, 2016). Thus, the idea of justice has
evolved and transformed over time, and it has become a subject matter of various academic
discipline other than Philosophy and Political Science.
Along with various other concerns, the notion of justice, as embedded in the social
processes, is deeply connected with the theories of punishment. It is commonly held that the aim
of punishment is to restore justice in the social order (Shah & Commons, 2019). However,
enforcing justice through punishment has several untoward outcomes, as it potentially affects
individual psyche. Some scholars adhering to corrective punishment argue that the aim of
punishment should be the overall reformation of the perpetrators, not just deterrence of criminal
behaviour or ensuring justice of the victims, since holistic justice is only possible if the
perpetrators are also brought under just distribution of social services (Kuklin, 2017).
Hypothesis
In the light of the aspect of holistic justice, the present paper argues that restorative
justice can play an instrumental role in the correctional approach, especially in regard of the
youth and the children. The purpose of this research is to highlight the positive effects of
restorative justice on the psychological transformations of non-adult offenders. To this end, the

5
THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
present research hypothesizes that restorative justice could be transformative in the lives of non-
adult offenders and reintegrate them successfully in their respective communities.
To establish the proposed hypothesis, the research will elaborately discuss the role of
restorative justice in social psychology, further drawing a comparison between the existing
practices of juvenile justice system and bringing out the psychological effects of different
approaches of punishment on the youth and children. Finally, it will try to evaluate the role of
restorative justice in juvenile justice and try to establish its efficacy as informed by established
psychological theories.
Literature Survey
The idea of justice has been long discussed and debated in the context of human society.
With the wake of modern approaches of democracy and welfare, restorative justice has taken the
central focus over other traditional theories of crime and punishment. Researches indicate that
restorative justice is valued by nearly half of victims, which supports victimizations who
continue to participate but reduces their ability t
o retaliate and alleviates any unnecessary stress arising from the perpetrators. Several scholars
and researchers have opined in the favour of restorative justice programs in dealing with non-
adult offenders and their rehabilitation process. The study hereby analyses a few relevant
scholarly resources that apparently corroborate with the null hypothesis.
According to Bergseth and Bouffard (2013), restorative justice is nowadays held as a
viable alternative to conservative retributive process for addressing acts of crime and

6
THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
delinquency, especially in the cases of minors. The study aims to examine whether restorative
justice programs designed for juvenile offenders have differential impacts on recidivism with
regard to offenders with various characteristics such as age, racial group, gender, current
offenses and previous criminal records. Although it does not present a strong hypothesis, it
follows the notion that restorative justice methods are effective for certain type of offenders. The
study involves a sample of 352 youths referred to restorative justice programs a city in Upper
Midwest. The participants, engage in the program during 1999 to 2005, were compared with a
sample group of 356 similar youth referred to traditional programs of justice. The study was
approved and reviewed by the Institutional Review Board at North Dakota State University. The
sample consisted primarily young white males from the small urban area without any prior
history and was referred to the program for property related misconducts. The study notes that
restorative justice programs are effective for a variety of young offenders, reducing the chance to
re-offense.
Similar to the previous research, a study conducted by Gal and Moyal (2011) also
suggests that restorative justice is way more satisfying for both offenders and victims as
contrasted with traditional methods of justice. The study, however, does not explore the baseline
differences in the level of damage caused to the victims and the offenders’ age. It uses a
randomized experiment design, using a two-factor ANCOVA to address the pertinent research
questions. It indicates that the Reintegrative Shaming Experiments (RISE) points to the overall
satisfying capability of restorative justice than conventional court systems for both victims and
perpetrators. However, the results show that while restorative justice is more satisfying in case of
adults, juvenile victims were less satisfied by the programs.

7
THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
Choi, Green and Gilbert (2011), in their study also examine the role and efficacy of
restorative justice system including victim offender mediation (VOM) in the restitution of young
offenders. They hypothesize that VOM enable the young offenders to comprehend the
consequences of their actions and facilitate a smooth rehabilitation through mediation programs.
Essentially being an exploratory qualitative study, the researchers interview 37 participants in
victim offender mediation programs operating in a mid-sized Midwestern city of the United
States. The results show that meeting the victims through VOM help the young offenders realize
the extent and outcomes of their actions. This mediation also enables them to personalize their
victims and empathize with the victimized experiences. The findings also presents evidential
support for Reintegrative Shaming Experiments (RISE) through restorative justice such as VOM.
In terms of criminology as well, restorative justice provides an opportunity to practice a positive
approach. Ronel and Elisha (2020) make a novel attempt in their article Positive Criminology:
Theory, Research, and Practice to establish restorative justice as a cornerstone of practising
positive criminology. They argue that criminologists traditionally use psychological tools to
comprehend the extent of violence and reduce its impact by focusing on the negative character
traits that leads individuals to commit crime. As an alternative to this approach, a notion of
positive psychology has been developed that would focus on nurturing the offenders’ goals and
strength to bring them back in the mainstream of life, ensuring a holistic social welfare As the
basis of such positive criminology, restorative justice can play an instrumental role as the
theoretical link between psychological practice and social justice. Thus, restorative justice
extends beyond the interaction between the perpetrators and the victims, addressing those who
are not legally relevant. Subsequently, it is expected to have a constructive impact on the
offenders, enabling an efficient reintegration into the society

8
THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
Discussion
According to criminological perception, children who commit crime or acts of
delinquency are to be treated differently than adult criminals, since they do not have full
understanding of law; neither do they have access to rights similar to adults (Hermann, 2017).
Although juvenile justice system exists in almost every state, its nature varies from state to state.
However, the central purpose of juvenile justice in terms of the acts of crime and delinquency is
to rehabilitate the offenders and reintegrate them into their respective communities with an
opportunity to serve as a citizen (Decker & Marteache, 2017).
In the light of the discussion informed by the literature review, it can be stated that
restorative justice system can help ensure the rehabilitation and reintegration process of non-
adult offenders in a more positive manner. The traditional approach of retributive justice is
embedded in the practice of punishment. However, critiques of retributive justice often point to
the probability of amplified violence and vindictive attitude among the receivers of such justice.
It may even result in operant aggression, where the offenders may inflict same deterrent
intervention, mostly physical in nature, used upon them while administering punishment. It is
often observed that children who experience coercive environment or violence in their early
stages of life tend to develop an aggressive personality (Hermann, 2017).
As compared to the retributive justice, restorative justice recognizes acts of crime or
delinquency as a result of unhealthy relationships or malfunctioning social systems. Hence, it is
not entirely fare to eliminate the offender from social justice. Moreover, it supposes that
vindictive measures taken against an offender may hamper the process of reintegration, as it
would create hindrance to form new social connections, and hamper existing social relationships.
Alternatively, an opportunity to facilitate a dialogue between the victims and perpetrators may

9
THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
seed an obligation to build renewed, better social connections. Thus, restorative justice focuses
on victims along with the acts of the offenders, making the justice system an inclusive one.
Therefore, the central purpose of juvenile justice, i.e. reintegration can be more successfully
achieved by restorative justice (Strang & Braithwaite, 2017).
Beyond the rehabilitation of offenders as practiced by traditional retributive justice,
restorative justice is concerned with reintegrating them within the society as responsible
community stakeholders. Rather than assigning the young offenders with an obligation of
making amends to the wrongs they have done, this approach shifts towards addressing the
victims’ needs and ensuring that the offenders take responsibility of their acts, and holds them
accountable. Also, it entrusts the community to make a cooperative and supportive environment
for the young offender, by easing off the conflicts between the two, so that future occurrences of
crime resulting from an unhealthy environment or social structures can be effectively reduced
(Friedman, 2019).
Conclusion
Given the efficacy of restorative justice in reintegrating the offenders into their respective
communities, it is regarded as one of the most effective form of criminal justice by several
contemporary scholars of social psychologists as well as criminologists. The idea of justice, as
maintained since the ancient times, retains the ethos of collective wellbeing; rather than seeking
vengeance on perpetrators. In this regard, juvenile justice holds special place in every justice
system, as the youth and the children are given special status in terms of welfare. In this regard,
the merit of restorative justice lies in its scope of acknowledging the democracy, autonomy and
accountability of a non-adult and in turn providing an opportunity to take the role of a

10
THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
responsible community stakeholder. Thus, restorative justice ensures responsible youth
behaviour and strengthened community bonds, transforming the lives of young offenders.
References
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.
Decker, S. H., & Marteache, N. (Eds.). (2017). International handbook of juvenile justice.
Springer.
Friedman, M. (2019). Prioritizing the Welfare of Youth: Design Failure in Juvenile Justice and
Building the Restorative Alternative. Mitchell Hamline Law Review, 45(4), 2.

11
THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
Gal, T., & Moyal, S. (2011). Juvenile victims in restorative justice: Findings from the
reintegrative shaming experiments. The British Journal of Criminology, 51(6), 1014-
1034.
Choi, J. J., Green, D. L., & Gilbert, M. J. (2011). Putting a human face on crimes: A qualitative
study on restorative justice processes for youths. Child and Adolescent Social Work
Journal, 28(5), 335-355.
Hermann, D. H. (2017). Restorative justice and retributive justice: An opportunity for
cooperation or an occasion for conflict in the search for justice. Seattle J. Soc. Just., 16,
71.
Kuklin, B. (2017). Public Requitals: Corrective, Retributive, and Distributive Justice. Clev. St. L.
Rev., 66, 245.
Liebig, S., & Sauer, C. (2016). Sociology of justice. In Handbook of social justice theory and
research (pp. 37-59). Springer, New York, NY.
Neuringer, A., & Englert, W. (2017). Epicurus and BF Skinner: In search of the good life.
Journal of the experimental analysis of behavior, 107(1), 21-33. Routledge.
Ronel, N., & Elisha, E. (2020). Positive Criminology: Theory, Research, and Practice. In Oxford
Research Encyclopedia of Criminology and Criminal Justice.
Shah, M. J., & Commons, M. L. (2019). A developmental and evolutionary theory of
punishment. Ethics, Medicine and Public Health, 8, 108-119.
Strang, H., & Braithwaite, J. (2017). Restorative justice: Philosophy to practice. Routledge.

12
THE TRANSFORMATIVE EFFECT OF RESTORATIVE JUSTICE
Swift, A. (2019). Political philosophy: a beginners' guide for students and politicians. John Wiley
& Sons.
Van Ness, D., & Strong, K. H. (1990). Restorative justice. Criminal justice, restitution, and
reconciliation, 7-14.