On the 30th anniversary of the production of Dennis Maloney’s seminal work, “The Balanced Approach,” the Juvenile and Family Court Journal has now issued a set of articles this spring that revisit the beginnings and spread of what has largely been known, over the years, as BARJ.
Included in this journey is a recent article by co-authors Sandra Pavelka and Douglas Thomas, “Evolution of Balanced and Restorative Justice," which creatively takes the reader through the hypothetical experiences of youth offender Joey who navigates a complex justice system that may or may not include a balanced approach.
Maloney (for whom one the NACRJ award categories is named after), along with other colleagues, came up with the balanced triad of accountability for victims, competencies of offenders, and protection for communities, as a way to encapsulate the thrust of restorative justice as it was unfolding in the 1990s in the realm of criminal justice for youth offenders.
Colorado State Capitol
A 2016 article by Dr. Sandra Pavelka provides updated information on how state legislation policies across the nation that have incorporated restorative justice language and program-promotion in statute or code. Legislators and justice system administrators have reformed their juvenile justice agenda from punitive actions to a means that provides responses to crime and wrongful occurrences by developing and implementing restorative legislation and policies.
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NACRJ Policy Statement on Restorative Justice in K-12 Education
During the March 31, 2017 meeting of the NACRJ Board of Directors a proposed policy statement on restorative justice practices in K-12 education was approved. The text of the policy statement is:
1. The National Association of Community and Restorative (NACRJ) Justice Board of Directors seek to promote policies and procedures that allow for restorative justice practices to be implemented in K-12 schools. In support of the policy position NACRJ is calling for:
a. All state education agencies to provide technical assistance to local school districts on the practice and implementation of “whole school” restorative practices.
b. Local education agencies, charter schools and non-public schools to adopt school or institution-wide climate practices to foster caring relationships and discipline policies that employ social engagement over social control.
c. Institutions of higher education to include the theory and practice of restorative justice in schools as part of teacher and school administrator licensure programs.
d. Adults working with youth to adopt restorative practices for their own use, including building healthy relationships between each other, and have policies in place to repair harm that may occur with conflicts between and among adults involved in educational systems.
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Restorative Justice Laws: State Summaries
Dated: Aug. 22, 2016
The state summaries are drawn from the US Restorative Justice Legislation Database, compiled by the Consortium on Negotiation and Conflict Resolution, College of Law, Georgia State University.
The full database includes references to statutes, regulations, and administrative code from throughout the United States. The summary only covers statutes.
Statutes are gathered from the Westlaw legal database using search terms including:
* Balanced Justice
* Circle Processes
* Community Circles
* Community Conferencing
* Family Circles
* Family Conferencing
* Family Group Decision Making
* Restorative Discipline
* Restorative Justice
* Victim Impact
Results are updated monthly and are current through 8/22/2016.
Click Here to Download the Report
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