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Oral language competence and restorative justice processes: Refining preparation and the measurement of conference outcomes
Abstract
For nearly two decades, restorative justice responses to youth offending have been in place in all Australian states and territories. During this time, a vast amount of research on restorative justice processes and their impact on participants has amassed. Results consistently demonstrate that participants in restorative justice processes report positive experiences and regard their justice process as fair. Less is known, however, about the impact that restorative justice processes have on further youthful offending, as results from research are highly inconsistent (Hayes 2007, 2006, 2005; Smith & Weatherburn 2012). What is also less clear is the degree to which restorative justice processes are in fact restorative (eg for the offender, a restored sense of self-worth and for the victim, a restored sense of security and dignity). Some of the uncertainty around the restorative potential of restorative justice processes may centre on the oral language competencies of young offenders and their often limited ability to both infer others’ and express their own emotion in highly conversational and emotionally charged processes. Recent Australian research on the oral language skills of young offenders shows that one in two has a clinically significant, yet previously undiagnosed language impairment (Snow & Powell 2011a, 2008).
In this paper, literature on language competence and restorative justice is reviewed to explore the links between oral language competencies, emotional communication and restorative justice process ‘success’. The need for more systematic research in the area of oral language competence (OLC) and restorative justice is highlighted and how such research can inform the enhancement of restorative justice practice and improve process outcomes is suggested.
... But in this case, our dear friend and colleague Hennessey passed away while we were finalising the chapter, so highlighting an example from his current research seems fitting for acknowledgement of a scholar who made significant contributions to knowledge and practice of RJ. Hennessey's current research, along with Pamela Snow (Hayes and Snow 2013), investigates the role that socio-linguistic development plays in the ability of young people to effectively engage in the high degree of verbal communication required to demonstrate accountability, offer sincere apologies, and adequately communicate empathy within RJ conferences. This research has drawn from recent advancements in socio-linguistics that have established the impacts of both trauma and social marginalisation on diminished oral language competence in young people, and has sought to better understand not only the impacts of impeded oral language competency, but how this can be addressed and overcome in conference settings. ...
... This research has drawn from recent advancements in socio-linguistics that have established the impacts of both trauma and social marginalisation on diminished oral language competence in young people, and has sought to better understand not only the impacts of impeded oral language competency, but how this can be addressed and overcome in conference settings. Hayes and Snow's (2013) research is only one example of knowledge frameworks of offending, victimisation, and social responses to harms have evolved significantly in the last three decades, but remain on the periphery in terms of their impact on RJ practices. There are others we discuss in the chapter, some of which are unique to Australia and New Zealand, but many which are shared with other countries or regions as well -particularly other countries with similar justice systems and/or similar political-economic and social problems. ...
In the context of youth offending, restorative justice (RJ) is well-established in Australia and New Zealand, and research has established clear benefits of RJ for victims and offenders. On the other hand, RJ also faces substantial roadblocks or challenges that are frequently overlooked in scholarly research on Australia and New Zealand, and there are tensions or fault lines between its use in “mainstream” youth and adult justice practices, and its use outside of the criminal justice system. Our chapter looks at these challenges on two levels—macro (i.e. political and social structural), meso (i.e. institutional, community, and group). Within these levels we also discuss how such challenges are in turn informing problems, changes, and innovations at the level of practice. We explicate these roadblocks in the context of issues specific to Australia and Aotearoa/New Zealand, but also comparatively in terms of similar issues faced by restorative justice in other western jurisdictions. We conclude with discussion of how these challenges may or may not be resolved in terms of possible trajectories for restorative justice in both countries and the restorative movement more broadly.
... Facilitators can act aggressively, dominate the process and blame, shame or degrade children (Young, 2001). Furthermore, children who have language or learning impairments or are from lower social classes could be disadvantaged in a process that is contingent on expression (Hayes and Snow, 2013;Riley and Hayes, 2018) and favours middle-class forms of communication (Willis, 2020). Wood (2020) asks whether the accountability demanded of young people in restorative justice is redundant among those with a history of trauma and exclusion from economic and social capital. ...
While restorative approaches encompass a small proportion of youth justice practices in Ireland, the new Youth Justice Strategy (2021–2027) aims to include more victims in restorative justice, expand family conferencing and train youth justice professionals in restorative practices. This article discusses the legal, policy and practice contexts of these developments, considering how Ireland has defined, used and researched restorative youth justice to date. It situates the ongoing efforts to meet victims’ and children’s needs, and to change criminal justice cultures, in the international criminological and legal literature on minimum intervention and child participation, analysing the possibilities and challenges facing restorative youth justice in Ireland.
... They can also assist in developing cognitive communication and executive functioning abilities such as sequencing, planning, and reasoning, which are integral to building narratives and supporting decision-making (SPA, 2019). Targeting language abilities such as conversational management, inferencing, and narrative discourse are particularly important for facilitating successful participation in restorative justice conferences which require youth offenders to: (1) share a coherent account of the event, including a description of the reasons for their actions; (2) actively listen to the victim's account of how the event has impacted them including interpretation of non-verbal (emotion) cues; and (3) appropriately respond to the victim's story (Hayes & Snow, 2013;Sanger et al., 2002;Snow & Sanger, 2011). ...
Background:
The prevalence of language disorder in youth offenders far exceeds rates reported in community samples. Youth involved in the justice system are also at increased risk of a range of psychiatric disorders, including internalizing mental health problems (i.e., anxiety, depression). However, the frequency with which these co-occur in this population is not known. Understanding the co-occurrence of language disorder with anxiety and depression in youth offenders may contribute to more coordinated and targeted support for these vulnerable youth.
Aims:
To explore the co-occurrence of language disorder and anxiety and depression in youth offenders.
Methods & procedures:
A systematic literature search of six databases (CINAHL, ERIC, Medline, PyscINFO, PubMED, Scopus) was conducted (September 2021) using key search terms relevant to the systematic review question. Study inclusion criteria were: (1) original research published in English; (2) youth up to 21 years of age involved in the justice system; and (3) reported outcomes on language and anxiety and/or depression. All included studies were appraised using the Joanna Briggs Critical Appraisal tool checklist relevant to study design. Due to the heterogeneity of included studies, data synthesis was narrative.
Main contribution:
Eight studies met the eligibility criteria. A range of measures was used to assess language abilities across samples. Only two studies directly addressed the relationship between language disorder and internalizing mental health problems; both found no significant correlation.
Conclusions & implications:
Although the results did not support a significant relationship between language disorder and internalizing mental health problems in youth offenders, the two appear to occur comorbidly as evidenced by heightened rates of both in the included samples. This review highlights the need for more robust studies aimed to better understand this relationship. Stronger evidence may contribute to increased collaborative speech pathology and psychology services which might increase youth offenders' accessibility and engagement in intervention programmes (e.g., cognitive-behaviour therapy; interpersonal skills training; individual counselling).
What this paper adds:
What is already known on this subject The markedly high rates of language disorder in youth involved in the justice system have been widely reported. It is also known that externalizing mental health problems often bring youth in contact with the justice system. Though there is some information about the prevalence of internalizing mental health problems in this population, the co-occurrence of language disorder and internalizing mental health problems has not been examined as widely. What this study adds to existing knowledge This study aimed to identify the frequency of co-occurrence of language disorder and anxiety and/or depression in youth offenders. Although the results did not support a significant relationship between language disorder and internalizing mental health problems in this population, results of the review provide evidence of heightened rates of both. This study also provides a summary of the various measures used to assess language and internalizing mental health in youth offenders across the eight studies included in this review. What are the potential or actual clinical implications of this work? It is possible that the tests and sub-tests used to identify language disorders and internalizing mental health problems were not sensitive enough to identify the full extent of youth offenders' needs. Identifying the presence of language disorders and internalizing mental health problems and recognizing the impact these may have on the communication and behaviours of an individual can better inform staff and therapists as they engage and interact with youth in the justice system.
... In line with this, future research should explore the capacity of digital communication to ameliorate the mediation process for specific groups, such as juvenile victims and offenders. For example, Hayes and Snow (2013) argue that in highly emotionally charged processes, a noticeable number of juvenile offenders does not express their own emotions or is not capable to recognize emotions in their conversational partner appropriately. The question arises how and to what extent technology can help to remedy these concerns. ...
Computer-based communication (CBC) has become an inevitable aspect of our communication infrastructure and a lasting alternative to face-to-face conversations. Yet, CBC (e.g. video conferencing) is not common practice for victim-offender mediation (VOM). Based on eighteen semi-structured interviews with adult victims, offenders and mediators, we provide a heuristic assessment of CBC applicability in VOM. Interviewees associated CBC with higher environmental safety compared to face-to-face mediation, and with richer emotional information compared to indirect VOM (e.g., letter exchange). Risks comprised technical and privacy concerns. Our findings provide insight into stakeholder perceptions of the usability of CBC-VOM and thus directions for effective employment.
... This work stands as a good reminder of the difficulty of achieving restorative outcomes with young people that often struggle with balancing the complex emotional, psychological, and communicative aspects of RJ conferencing. In this vein, Hennessey's more recent research had turned towards investigating some of these challenges more in depth-particularly his research with Pamela Snow (Hayes & Snow, 2013) that was investigating the impact of oral language competency in young people on RJ processes and outcomes. It is a loss that he was not able to complete this research. ...
This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice.
In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery.
Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.
• Introduces comparative restorative justice in the context of power relations and inequality;
• Discusses obstacles and enablers to implementing restorative justice in the criminal justice system;
• Features fifteen original chapters from around the globe discussing restorative justice comparatively.
This paper provides a summary history and critique of the development and implementation of restorative justice in the Queensland youth justice system through an analysis of official data and documentary sources. The paper focuses on policy changes, including government responses to program reviews, issues regarding the availability of conferencing, connections between conferencing and prevention and program transparency and accountability. The study provides several important lessons applicable across jurisdictions. The main finding was that conferencing in Queensland remains substantially underutilised. This was associated in large part with the discretionary gatekeeping role of police, the absence of a systematic and comprehensive consultation process with victims and accused persons and governments ignoring the science of restorative justice. In terms of prevention, the study identifies the need for a more integrated approach involving conferencing, risk assessments and the post-conference supervision and welfare needs of offenders.
This chapter addresses the promises and pitfalls of restorative justice (RJ) practices for youth with communication disorders. This chapter begins with the historical context, the current zero-tolerance policies and other harsh, exclusionary discipline measures used in schools and (in)justice system, harming Black disabled students disproportionately. This chapter then addresses the promise of RJ as a way to challenge zero-tolerance while building inclusive communities that focus on the growth of young people in community. This chapter provides a step-by-step discussion of a restorative circle, a practice based on talking, listening, and processing emotions. Speech-language pathologists are called upon to learn about the promise of RJ, engage in restorative practices, and then utilize their specific knowledge of communication disorders to develop universal design circles so that youth with communication disorders and other invisible disabilities can be included and the promise of restorative justice fully realized.
Young offenders disproportionately present with Developmental Language Disorder and are likely to struggle with the communication demands of the justice system. Professional guidance outlines strategies for facilitating successful communication, but it is unknown to what extent recommendations are substantiated by evidence. This review mapped academic and grey literature regarding the communication requirements, barriers and recommendations for routine youth justice interactions, such as forensic interview and courtroom testimony. Academic papers were identified through searches of five online databases, and OpenGrey, Google Scholar and organizational websites were searched to identify grey literature. 75 of 505 retrieved papers met inclusion criteria. Extracted data were presented regarding a) requirements and barriers a young person would encounter in the youth justice system, b) communication recommendations made for each stage of this journey, and c) type of evidence underlying the outlined findings. Communication barriers included exposure to unfamiliar vocabulary, repairing misunderstandings, constructing narratives and displaying the appropriate attitude. Recommendations were wide-ranging and broadly consistent, though very few had been evaluated for effectiveness. Some papers queried the practicality and effectiveness of recommendations such as rephrasing difficult terminology. A relatively small number of papers considered the views of young offenders or observed real youth justice interactions. Future research should include observational studies of real youth justice interactions to evaluate the effectiveness of widely recommended strategies. Policymakers may wish to consider concerns raised that rephrasing the language used in the youth justice system is not practical or sufficiently effective, and that broader changes to the communication environment are required.
In this article, possible ethnic bias in access to the national Danish police-based Victim Offender Mediation (VOM) programme is investigated. The analyses of this project show that the VOM personnel informants believe that ethnic minority offenders are underrepresented in this VOM programme. Also, numerous examples of essentialist views on ethnicity and culture emerge among police personnel in the interview and observation data. Yet interestingly, the national VOM participation rates in penal cases analysed for this article show that while young male ethnic minority immigrants are underrepresented in VOM some years, young male ethnic minority descendants are actually overrepresented in VOM meetings.
This article explores a range of normative, conceptual and practical issues that arise from utilising restorative justice with young people in custody in England and Wales, and considers the appropriateness of doing so within the coercive and oppressive space that prison occupies. It is suggested that, while there are some clear benefits for victims and offenders, there is a need to proceed with caution. This is because children who are incarcerated are particularly vulnerable in addition to simply their age owing to the resilience required to survive a penal system that can be isolating and dangerous, as well as their often complex needs, and difficult life histories. This is also because there is a need to ensure that the process adheres to the ethos of restorative justice, and does not divert attention from the current problems within the youth secure estate or the pressing need to continue reducing child imprisonment.
The literature on restorative justice is replete with findings showing that offenders and victims judge restorative processes as fair and view outcomes as satisfactory. There is less evidence to suggest, however, that restorative processes are in fact restorative. I first consider how apology and forgiveness feature in one form of restorative justice (youth justice conferencing) and then examine findings from two major research projects in Australia (RISE and SAJJ) to show why reconciliation and repair are not common outcomes in restorative justice conferences.
Child maltreatment (neglect and abuse of various forms) is a serious global issue. Although Australia and New Zealand are both affluent, first world countries, child protection statistics indicate that much ground is yet to be covered with respect to ensuring that children are reared in environments that are safe and developmentally nourishing. Both neglect and abuse are associated with serious, pervasive and long-term sequelae for a range of neuropsychological functions, including expressive and receptive language abilities. In spite of its considerable body of knowledge regarding the nature and sequence of language development from infancy through to adulthood and across the lifespan, speech-language pathology (SLP) as a profession has failed to position itself as an agent of prevention where child safety is concerned. Language competence is acquired in the relational milieu of early infant-caregiver attachment, and cannot be separated out from mental health across the lifespan. Most significant mental health problems have their onset early in life, as do developmental language problems. Positioning SLP at the prevention table will require graduates of SLP programs to speak and understand the discourse of public health policy-making, advocacy, and resource-allocation, so that graduates can occupy positions of influence in government. At the current time, however, most undergraduate programs emphasize SLP as a 1:1 service-delivery profession, at the expense of important roles this profession could play in relation to prevention of language and mental health problems at a population level.
This paper is concerned with the nature and complexities of restorative justice. It uses Braithwaite’s (Br J Criminol 42:563–577,
2002a) framework of constraining, maximising and emerging restorative standards to understand the interactions that underpin success
and failure in practice, i.e., ‘restorativeness’. Using qualitative data from observations of youth justice conferences in
New South Wales, Australia, the roles of empowerment (as an example of a constraining standard), restoration of communities
(as an example of a maximising standard) and remorse over injustice (as an example of an emergent standard) are examined.
Findings confirm that restorative justice is best conceived as a continuum of dynamic process and outcome related values.
Non-domination is paramount to achieving restorative justice. However, the presence, absence, and nature of other values such
as storytelling, respectful listening, victim and support attendance, and apology are also important. They affect where a
restorative event falls on the restorative continuum, and they affect the likelihood of other standards being met.
This article presents a developmental perspective on the reentry of young offenders into the community. We begin with a discussion of the psychosocial tasks of late adolescence. Next, we discuss contextual influences on the successful negotiation of these psychosocial tasks. Third, we examine whether and to what extent the contexts to which young offenders are exposed in the justice system are likely to facilitate normative psychosocial development. Finally, we argue that the psychosocial development of youthful offenders is disrupted, or "arrested," by their experiences within the justice system. Interventions designed to facilitate the successful reentry of young offenders into the community must be informed by what we know about healthy psychosocial development in late adolescence.
Restorative justice has grown in popularity around the world, and various restorative initiatives are in place or are being trialled in many countries. New Zealand and Australia have the most experience with restorative justice in the form of conferencing primarily for young offenders, although conferencing for adult offenders is increasingly being used in these jurisdictions. In the Pacific Islands older forms of customary practices endure despite the introduction of modern Western justice systems. In this article we provide a comprehensive review of these developments to show the degree to which this region has embraced restorative justice as a way of responding to crime.
This study examined the dimensions of withdrawal and sociability in children with language impairment (LI) and their typically developing chronological age-matched peers. Classroom teachers rated the withdrawn and sociable behaviors of 41 children with LI and 41 typically developing peers using the Teacher Behavioral Rating Scale (TBRS, Hart & Robinson, 1996). Children were sampled from the age ranges of 5 to 8 years and 10 to 13 years. Subtypes of both withdrawn (solitary-passive withdrawal, solitary-active withdrawal, reticence) and sociable (impulse control/likability, prosocial) behavior were examined.
Teachers rated children with LI as displaying higher levels of reticent behavior than typically developing children. Teachers also rated boys with LI as displaying significantly higher levels of solitary-active withdrawal than girls with LI or typically developing children of either gender. The groups did not differ on solitary-passive withdrawal, although boys were rated higher than girls. In the dimension of sociable behavior, children with LI were rated significantly below typical peers on subtypes of impulse control/likability and prosocial behavior.
The relationship between language impairment and withdrawn and sociable behavior is complex. Although language impairment is an important factor in social difficulty, the current results suggest that language impairment is not the sole factor leading to social problems in children with LI. Assessment and intervention procedures for children with language and social problems should take the complex nature of this relationship into account.
Within the multi-disciplinary team concerned with child and adolescent development, speech pathologists are uniquely positioned to understand the nature and overall developmental significance of language acquisition in childhood and adolescence. Other disciplines contribute valuable insights about psychosocial development during the childhood and adolescent years. The field of developmental psychology, for example provides a large and convincing body of evidence about the role of academic success as a protective factor against a range of psychosocial harms, in particular substance misuse, truancy, early school leaving, and juvenile offending. In this paper, we argue that juvenile offending embodies the notion of "adolescent risk", but in Australia in particular, has been under-investigated with respect to possible associations with developmental language disorders and subsequent academic failure. We present findings pertaining to a sample of 30 male juvenile offenders completing community based orders. Performance on a range of oral language processing and production skills was poorer than that of a demographically similar comparison group. Our results confirm the need to conceptualize language within a broader risk and protective framework. We therefore emphasize the public health importance of early language competence, by virtue of the psychosocial protection it confers on young people with respect to the development of prosocial skills, transition to literacy and overall academic achievement. We argue that speech pathologists are best positioned to advocate at a policy level about the broader public health importance of oral language competence.
A cross-sectional study examining the oral language abilities and social skills of male juvenile offenders is described. Fifty juvenile offenders and 50 non-offending controls completed measures of language processing and production, and measures of social skill and IQ. Information about type of offending, substance use histories and learning/literacy problems was also gathered.
Young offenders performed significantly worse on all language and social skill measures, but these differences could not be accounted for on the basis of IQ. Just over half of the young offenders were identified as language impaired. This subgroup was compared with non-language impaired offending peers on a range of variables. The findings have particular implications in the areas of early intervention for high-risk boys and investigative interviewing of juvenile offenders. © 2007 The Author(s). Journal compilation
Previous research in Australia and overseas has shown that young offenders serving community-based orders are at high-risk for undetected but clinically significant oral language difficulties. However, this phenomenon has received little attention in incarcerated samples, and links with offending severity, mental health, and other markers of early risk have not previously been systemically examined. A cross-sectional examination of 100 young offenders (mean age 19.03 years) completing custodial sentences in Victoria, Australia was conducted. A range of standardized oral language, IQ, mental health, and offending severity measures was employed. Forty-six per cent of participants were classified as language impaired (LI), and these were compared with the non-LI sub-group on background and offending variables. When the sub-group with high scores on a measure of offending severity was compared with those with (relatively) lower offending scores, significant differences on a range of language measures were identified. A range of early risk indicators (such as placement in Out of Home Care) was also examined with respect to language impairment in this high-risk group. Results are discussed with respect to policy and practice pertaining to early intervention for vulnerable children, and implications for service delivery within the justice system. In particular, emphasis is placed on the need to closely examine the oral language skills of children who struggle with the transition to literacy and then display behavioural difficulties in the classroom. Once a young person is engaged with youth justice services, a high index of suspicion should be maintained with respect to their oral language skills; for example, in relation to forensic interviewing and the ability to benefit from verbally mediated interventions.