REPORTS OF THE COURSEGROUP 1INTRODUCING AND PROMOTING EVIDENCE-BASED PRACTICE (EBP)IN THE TREATMENT OF VIOLENCE AGAINST WOMEN AND CHILDREN(VAWC) OFFENDERS
Rapporteur: Ms. Liusuavai Kelisiano (Samoa)
Co-Rapporteurs: Ms. Mijin Kim (Korea)
Ms. KIMURA Yayoi (Japan)
Chairperson
Co-Chairperson
Members
Visiting Expert
Advisers

Mr. Mujahid Rahim
Mr. Francis Kiri
Mr. Eriky Ferigino
Mr. Wing Naing Lin
Dr. Franca Cortoni
Prof. FURUHASHI Takuya
Prof. KITAGAWA Mika
Prof. OTANI Junichiro(Pakistan)(Solomon Islands)(Indonesia)(Myanmar)(Canada)(UNAFEI)(UNAFEI)(UNAFEI)

I. INTRODUCTION
In the last four decades, the traditional criminal justice systems slowly but inexorably inclined towards areformative approach and have steadily given up orthodox punitive approaches. The debate of “what works”
to prevent recidivism led researchers to develop scientific methods to identify effective programmes andpolicies for rehabilitation of offenders. By now it is imperative to have “scientific evidence” or “empiricalevidence” regarding effectiveness of a programme before its implementation in many developed criminal
justice systems. This is what is known as “evidence-based” programmes or practices.
This paper focuses on the concept of EBPs, significantly effective programmes prevailing in different
jurisdictions, the challenges and limitations of EBPs and how we can introduce and promote EBPs in our
jurisdictions with special reference to VAWC.

II. HISTORY AND CONCEPT OF EBP
In 1974, an American sociologist, Robert Martinson published his research article “What Works” regarding
effectiveness of rehabilitation programmes for offenders. In his research, he concluded that “nothing works”
in the rehabilitation of offenders. This “nothing works” doctrine attracted a lot of criticism from criminal
justice experts, and it triggered further research in this field. Ultimately, many experts concluded thatsomething works for the rehabilitation of offenders. The conflict of “nothing works” and “something works”
led the proponents of “something works” to devise scientific methods to ascertain the effectiveness of aparticular programme. The information about the effectiveness of a programme “the evidence” andeffectiveness” is the potential of a programme to prevent recidivism. The programmes and practices areconsidered as evidence based when their effectiveness is identified through empirical evidence by excluding
any other explanation. The empirical evidence is the objective information about the effectiveness of aprogramme obtained through high quality methods, by excluding personal beliefs, thoughts and opinions ofan individual. The reliable scientific methods are Randomized Control Trials (RCTs), quasi experiments,
systematic review and meta-analysis.
In the late 80s, two Canadian physiologists, James Bonta and Don Andrews, developed the theory of “risk,needs and responsivity (RNR)”, which is the most influential and celebrated invention in the sphere of EBPs.
The RNR model focuses on the assessment of the criminogenic needs of an offender and appropriate responseto those needs through empirically proved intervention. The ‘Risk principle’ denotes the assessment of riskof recidivism in an offender on the basis of static and dynamic risk factors. The need principle explains the94

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criminogenic needs of the offender. The criminogenic needs are directly related to the offending behaviourof the offender; hence, it is a key part of the RNR model. The responsivity principle means, what works fora group of offenders keeping in view their criminogenic needs or in other words, the suited treatment to theoffenders in accordance with their criminogenic needs through empirically proved interventions. This RNR
underpins the whole structure of evidence-based practices.

III. CURRENT PRACTICES IN DIFFERENT JURISDICTIONS FOR VAWC
The group had extensive discussion sessions on the prevailing best practices based upon contemporary
theories and research for tackling violence against women and children. This is an inescapable fact that thewomen and children are the most vulnerable segments of society across the world. The most usual offences
against women and children are sexual offences and domestic violence (DV) cases.
The modern legal justice systems moved quite far ahead in devising, evaluating and implementing theeffective interventions for rehabilitation of sexual offenders. Under the RNR model, the experts bifurcate riskfactors (risk of recidivism) into “static risk factors” and “dynamic risk factors” The static risk factors arethose which cannot be changed by any intervention, like age, criminal history, marital status etc. The
dynamic risk factors (i.e. physiological dispositions) are the factors, which are amenable to change and unique
to different offenders like anti-social behaviour, anger problems, physiological distortions etc.
Each jurisdiction has its own way to assess the risk of recidivism, but most of the countries, in essence,
follow STATIC-99 as a tool for assessment. Dynamic Risk Factors (DRF) are the primary reasons of theoffending behaviours. The identification of dynamic or criminogenic factors demonstrates the probability ofreoffending in an offender. Once the level and reasons of the risk are evaluated through risk assessment tools,
it is easier to respond to the criminogenic needs of the offenders through an effective treatment programme.
This model of evidence-based practices has revolutionized the criminal justice systems of Canada, New
Zealand, the UK, the USA, Japan, and Korea etc. It was observed that in all these countries, rates ofreoffending have been reduced substantially. After assessment of risk and determination of criminogenic
needs, said countries are using Cognitive Behavioural Therapy (CBT) as the most effective tool or practicefor the treatment of sexual and DV offenders. The research has established that the prime reason of thesexual offences is related to cognition. CBT focuses on the change of sexual behaviour, interests, enhancing
self-management skills, addressing cognition distortions, and social difficulties. The better the assessmentand identification of the needs of an offender, the better the response to the criminogenic needs of theoffender through effective programmes.
The group has also identified Family Group Conferences (FGC) as a best practice for juvenile offenders
and in domestic violence cases. FGCs are diversion measures whereby a meeting of victim, offender andtheir families is arranged. FGC’s are helpful in preventing the juvenile offenders from rigors of ordinary trials
and stigmatization by making recourse to counselling, settlement, pardon, compensation to victim etc. The
meta-analyses of different research established that FGCs are very effective at preventing reoffending,raising the level of satisfaction of victims, and helping the offender to understand the agony of the victim andalso to provide an opportunity to the offender to show remorse to the victim directly. FGCs were originally
started in New Zealand; later, the concept was borrowed by many other countries including the USA,
Australia etc.

IV. CHALLENGES AND RECOMMENDATIONSAs the group has discussed the promises of EBPs at length with regard to their efficacy towards public
safety, prevention of reoffending, increased accountability and cost effectiveness, they still face challenges inintroduction, development and implementation. In the discussion, the group participants highlighted thefollowing challenges and issues they are facing in the implementation and development of EBPs and alsosuggested some recommendations to cope with those challenges.
A. Stakeholder Awareness
There are several challenges in the introduction of EBPs in traditional justice systems as it is difficult tocrack the hard nut of traditional philosophies imbedded in those systems. In such criminal justice systems,
the popular belief is that only harsh punishment could deter the offenders from recidivism. The group95

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members are in agreement that as a first step, the very philosophy of traditional systems should be challenged
with awareness and by disseminating the benefits of EBPs including public safety, prevention of reoffending
and cost effectiveness. The awareness of the stakeholders can pave the way for the introduction of EBPs.
B. Creation of Human Resources and Capacity-Building
The creation and development of human resourcees including specialists and trained staff in thejurisdictions where EBPs have recently been introduced or where EBPs are yet to be introduced is achallenge. As discussed above, the introduction and implementation is a specialized job based upon scientificprinciples; hence, the specialists and trained staff are the core part of the EBPs. The group suggested
creating academic and legal studies in law schools. Moreover, for training and specialization, these servicesof certified specialists can also be hired. The cooperation of non-governmental organizations can be soughtfor promotion and development of EBPs.
C. Education of Staff
During discussion, it surfaced that in certain jurisdictions, some of the staff members still believe that
nothing works in rehabilitation of offenders. Resultantly, lack of interest and empathy prevails in the working
environment, especially in the implementation phase. This environment of empathy affects the sustainabilityof EBPs. Moreover, it also provides strength to their existing belief that nothing works in the rehabilitationof offenders. The group has suggested steps to improve interests of the staff through awareness and trainings
by sensitizing them about the significance of EBPs in terms of reduction of recidivism and increasing public
safety. Again, it is very important to implement the EBPs with fidelity, and the outcomes, can be helpful forchange in their traditional beliefs.
D. Fidelity and Adaptation
One of the challenges is a varied and limited result of programmes after implementation with certain
adaptation. The implementation of EBPs with fidelity, on account of many reasons, remained a challenge. The
researchers are in agreement that only the implementation of programmes with fidelity can bring optimal
results, and adaptation of certain programmes with too many changes may be ineffective or even could havenegative impacts on the offenders. A battle between fidelity and adaptation should be balanced for maximum
results. A detailed manual should be drafted for guidance, training and proper implementation of EBPs inline with the strategy, methodology and scheme used at the time of test and evaluation.
E. Disparity between Research and Reality
Normally, the efficacy of interventions, programmes and policies is tested by the experts in ideal andcontrolled atmospheres under well trained and controlled staff, whereas such facilities are not equallyavailable at practical sites. The group is in agreement to suggest that the inventors/researchers should
adopt a more practical environment as exists in the correctional facilities.
F. Inter-Agency Cooperation
Another hurdle in the implementation of EBPs is the lack of coordination between stakeholders. It is theusual complaint of the correctional officers that they find it difficult to gather information from the judiciaryand investigation agencies. However, many countries have resolved this issue by adopting intra-agency
meetings. The group has suggested that statutory backing to these meetings can help this cause.
G. Motivation of Offenders
Another challenge usually faced by the correction officers is the lack of interest on the part of theoffenders. By now, it has been established that motivation of offenders for change is a paramount factor in
their rehabilitation process. Lack of motivation has different causes ranging from psychological to longincarcerations. It has been observed that the offenders punished with long imprisonment terms had little
urge for change and rehabilitation. The group has suggested that coordination with judges at the time ofpassing of sentences may help them impose appropriate sentences keeping in view their criminogenic andrehabilitation needs. Moreover, certain incentives to the offenders in the shape of meetings with familymembers, friends or early release and remission or some facilities in the incarceration centres may help
improve their motivation to participate in the rehabilitation programmes. It is recommended to correctional
officers to build trust with offenders before implementation of programmes.

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V. CONCLUSION
Evidence-based practices and policies are now central to every modern criminal justice system andintroduced science in criminal law. EBPs are making major contributions in terms of public safety, preventionof reoffending, and increasing accountability and cost effectiveness in the administration of criminal justice.
The evidence-based interventions have been developed in the recent past and are still evolving phenomena;
therefore, they provide a great opportunity for traditional legal systems to adopt and adapt this concept. The
challenges faced in the implementation are resolvable keeping in view the following recommendations.
A. Firstly and foremost, the task should be to challenge the existing philosophy and efficacy of existing
legal systems by highlighting the advantages and benefits of the evidence-based interventions. In anutshell, as a first step, it is imperative to change the way of thinking and the mentality of the legal
intelligentsia/legal fraternity. Only in this way can we foster the development of EBPs into thetraditional legal system.
B. Secondly, as a pilot project, it is always effective to identify an area of work. For instance, in many
countries, sexual offences and domestic violence cases are rampant and any of these areas may be
selected for introduction of effective interventions, the effectiveness of which is established throughempirical evidence.
C. Thirdly, the next step should be the development of human resources. For proper application of risk
and criminogenic need assessments, to run the effective programmes and to evaluate the effectivenessof the programmes, specialists are required. The only way to develop specialists is education andtraining.
D. Lastly, “adaptation”. Adaptation of certified effective programmes in accordance with the local needs
and requirements without changing main themes of the programme, is the last step. However,awareness and acceptance are central for change. As Mark Caine said, “The first step towards success
is taken when you refuse to be captive of the environment in which you first find yourself”.

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