Abstract
The history of American policing, behavior criminalization, and carceral justice is rooted in racist practice dating back to the 1700s. In addition to racially disproportionate punishment doled out by these systems, they are not designed to support behavioral punishment of harm or reinforcement of prosocial behavior for socially significant change. One alternative to this retributive carceral justice system is restorative justice. This article offers a conceptually systematic examination of restorative justice for behavior change, an examination of the functional utility of various restorative approaches, alignment of restorative justice with behavior analytic ethics, and suggestions for incorporating anti-oppressive practices.
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Notes
It is of note that Latine/Latinx people of all races may be misrepresented in the data, with Afro-Latinx people often coded as Black and non-Black Latinx people coded as white. As noted by the ACLU (2020), “This miscoding likely leads to an underestimation of the true rate of racial disparities experienced by people of color at the hands of police. Arrests of Latinx individuals coded as white in the data likely artificially inflate the number of white arrests, leading to an underestimation of the disparity between Black and white arrest rates.” In addition, although not directly captured in these data, the ACLU notes that “in addition to Black and Latinx groups, racial bias in policing and drug enforcement may negatively affect other racial or ethnic groups, such as Native and Indigenous populations, Arab and Middle Eastern populations, Asian populations, Pacific Islander populations, and those with multiple racial/ethnic identities (e.g., biracial), among others. The UCR (2020) data classifies individuals’ race as “Black,” “white,” “Asian,” “American Indian or Alaska Native,” “Native Hawaiian,” or “unknown.”
References
Agnihotri, S., & Veach, C. (2017). Reclaiming restorative justice: An alternate paradigm for justice. CUNY Law Review, 20, 323 https://academicworks.cuny.edu/clr/vol20/iss2/3.
Albonetti, C. A., & Hepburn, J. R. (1996). Prosecutorial discretion to defer criminalization: The effects of defendant's ascribed and achieved status characteristics. Journal of Quantitative Criminology, 12, 63–81. https://doi.org/10.1007/BF02354471.
American Civil Liberties Union (ACLU) (2020). A tale of two countries: Racially targeted arrests in the era of marijuana reform. Author.
Behavior Analyst Certification Board (BACB). (2019). Professional and ethical compliance code for behavior analysts. https://www.bacb.com/wp-content/uploads/BACB-Compliance-Code-english_190318.pdf (Original work published 2014)
Bussey, S. R. (2019). Imperialism through virtuous helping: Baldwin’s Innocence and implications for clinical social work practice. Journal of Progressive Human Services. https://doi.org/10.1080/10428232.2019.1617016.
Cohen, J. S. (2020). Grace, black teen jailed for not doing her online coursework, is released. ProPublica. https://www.propublica.org/article/grace-black-teen-jailed-for-not-doing-her-online-coursework-is-released
Daly, K. (2015). What is restorative justice? Fresh answers to a vexed question. Victims & Offenders, 11(1), 1–21. https://doi.org/10.1080/15564886.2015.1107797.
Duff, R. A., Farmer, L., & Marshall, S. E. (2010). The boundaries of the criminal law. Oxford University Press.
Edwards, F., Lee, H., & Esposito, M. (2020). Risk of being killed by police use-of-force in the U.S. by age, race/ethnicity, and sex. Proceedings of the National Academy of Sciences. https://www.pnas.org/cgi/doi/10.1073/pnas.1821204116
Enns, P. K., Youngmin, Y., Comfort, M., Goldman, A. W., Lee, H., Muller, C., Wakefield, S., Wang, E. A., & Wildeman, C. (2019). What percentage of Americans have ever had a family member incarcerated? Evidence from the Family History of Incarceration Survey. Socius: Sociological Research for a Dynamic World Volume, 5, 1–45. https://doi.org/10.1177/2378023119829332.
Ford, J. S. (2019). Systemic medical racism: The reconstruction of whiteness through the destruction of Black bodies. [Master’s thesis] Georgia Southern University. https://digitalcommons.georgiasouthern.edu/honors-theses/403
Fryer, R. G. (2016). An empirical analysis of racial differences in police use of force. Harvard University & National Bureau of Economic Research. 10.1086/ https://doi.org/10.1086/701423
Gavrielides, T. (2017). Collapsing the labels “victim” and “offender” in the Victims’ Directive and the paradox of restorative justice. Restorative Justice, 5(3), 368–381.
González, T., Sattler, H., & Buth, A. (2018). New directions in whole-school restorative justice implementation. Conflict Resolution Quarterly, 36(3), 207–220. https://doi.org/10.1002/crq.21236.
Grinberg, E., & Shoichet, C. E. (2016). Brock Turner released from jail after serving 3 months for sexual assault. CNN. https://www.cnn.com/2016/09/02/us/brock-turner-release-jail/index.html
Hochschild, J. L., & Weaver, V. (2007). The skin color paradox and the American racial order. Social Forces, 86(2), 643–670.
Horowitz, J., & Utada, C. (2018). Community supervision marked by racial and gender disparities African-Americans, men overrepresented in probation and parole population. Pew Charitable Trusts. https://www.pewtrusts.org/en/research-andanalysis/articles/2018/12/06/community-supervision-marked-by-racial-and-gender-disparities
Johnstone, G., & Van Ness, D. (2007). Handbook of restorative justice. Willan Publishing.
Liebmann, M. (2007). Restorative justice: How it works. Jessica Kingsley.
Malik, A. (2018). Restoration and relationship in the public school system. Rubenstein School Leadership for Sustainability Project Publications. 9. https://scholarworks.uvm.edu/rslspp/9
Miller, J. L., & Garran, A. M. (2017). Racism in the United States: Implications for the helping professions (2nd ed.). Springer.
Millie, A. (2011). Value judgments and criminalization. British Journal of Criminology, 51, 278–295. https://doi.org/10.1093/bjc/azr009.
Monk, E. P. (2019). The color of punishment: African Americans, skin tone, and the criminal justice system. Ethnic & Racial Studies, 42(10), 1593–1612.
Pierson, E., Simoiu, C., Overgoor, J., Corbett-Davies, S., Jenson, D., Shoemaker, A., Ramachandran, V., Barghouty, P., Phillips, C., Shroff, R., & Goel, S. (2020). A large-scale analysis of racial disparities in police stops across the United States. Nature Human Behaviour, 4. 736–745.
Pierson, E., Simoiu, C., Overgoor, J., Corbett-Davies, S., Jenson, D., Shoemaker, A., ... & Goel, S. (2020). A large-scale analysis of racial disparities in police stops across the United States. Nature human Behaviour, 1–10.
Reichel, P. L. (1992). The misplaced emphasis on urbanization in police development. Policing & Society, 3, 1–12. https://doi.org/10.1080/10439463.1992.9964653.
Reno, J., Marcus, D., Leary, M. L., & Turman, K. M. (2002). Guidelines for victim-sensitive victim-offender mediation: Restorative justice through dialogue.
Umbreit, M. S., & Greenwood, J. (2000, April). Guidelines for victim-sensitive victim-offender mediation: Restorative justice through dialogue. Washington, DC: U.S. Department of Justice, Office for Victims of Crime. https://www.ncjrs.gov/ovc_archives/reports/96517-gdlines_victims-sens/welcome.html
Stevenson, M., & Mayson, S. (2018). The scale of misdemeanor justice. BUL Rev., 98, 731.
Strong, K. H., & Van Ness, D. W. (2015). Restoring justice: An introduction to restorative justice. (5th ed.). Routledge.
Stuart, B., & Pranis, K. (2006). Peacemaking circles. In D. Sullivan & L. Tifft (Eds.), Handbook of restorative justice: A global perspective (pp.121–133). Routledge.
Sylvestre, P., Castleden, H., Denis, J., Martin, D., & Bombay, A. (2019). The tools at their fingertips: How settler colonial geographies shape medical educators’ strategies for grappling with Anti-Indigenous racism. Social Science & Medicine, 237, 112363.
United States Sentencing Commission. (2018). Demographic differences in sentencing: An update to the 2012 Booker report. Federal Sentencing Reporter, 30(3), 212-229.
Walker, S. (1998). Popular justice: A history of American criminal justice (2nd ed.). Oxford University Press http://catalog.hathitrust.org/api/volumes/oclc/36407878.html.
Zehr, H. (1985). Changing lenses: A new focus for crime and justice. Herald Press.
Zehr, H. (2015). The little book of restorative justice. Good Books.
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This article is being published on an expedited basis, as part of a series of emergency publications designed to help practitioners of applied behavior analysis take immediate action to address police brutality and systemic racism. The journal would like to especially thank Robin Williams for their review of this article. The views and strategies suggested by the articles in this series do not represent the positions of the Association for Behavior Analysis, International or Springer Nature.
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Leland, W., Stockwell, A. Anti-Oppressive Restorative Justice: Behavior Analysis in Alternatives to Policing. Behav Analysis Practice 15, 1232–1236 (2022). https://doi.org/10.1007/s40617-021-00633-0
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DOI: https://doi.org/10.1007/s40617-021-00633-0