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Restorative Justice
- 2. History of Restorative Justice First Nations People 1970's Mennonite 1989 New Zealand • Hub of entire Juvenile System South Africa • Truth and Reconciliation for the mass violence • Schools • Workplace • Religious Institutions • Communities • Juvenile Justice - Alternatives
- 3. Criminal Justice System This presentation is not an implication for replacing the Western Model Legal System Important Strengths Limits & Failures http://www.attn.com/stories/238/understand-americas- addiction-prison-3-minutes
- 4. Restorative Justice Concept and Theory Restoration and Reintegration of both Victim and Offender in addition to the Wellbeing of the entire Community
- 5. Recognizing Principles and Benchmarks Arrogance and finality of rigid meaning Working Definition of Restorative Justice
- 8. Principles of the Restorative Lens Focus on the harms and consequent needs of the victims, communities and offenders Address the obligations of the offender, community and society Use inclusive, collaborative processes Involve legitimate stakeholders • victims, offenders, community members and society • Seek to put right the wrongs
- 9. Respect for All Addressing Obligations Involving Stakeholders Inclusive Collaborative Process Focus on Harms and Needs Putting Right Wrongs and Harms
- 11. RESPECT The one word that can define Restorative Justice Respect for all even those who are different • Even those that seem to be our enemies Pursuing Justice as Respect • If we do not respect others we will not do justice restoratively
- 12. Goals of Restorative Justice Handbook by Susan Sharpe Restorative Justice: A Vison for Healing and Change • put key decisions into the hands of those most affected by crime • make justice more healing and, ideally, more transformative Restorative Justice programs aim to •Victims are involved in the process •Offenders understand how their actions have affected other people and take responsibility for those actions •Outcomes help to repair the harms done and address the reasons for the offense (specific plans ae tailored to the victim's and the offender's needs) •Victims and offenders both gain a sense of closure and both are reintegrated into the community Achieving these goals
- 13. GUIDING QUESTIONS Who has been hurt? What are their needs? Whose obligations are these? Who has a stake in this situation? What is the appropriate process to involve stakeholders in an effort to put things right
- 14. Focus on the harms of the crime rather than the rules that have been broken Show equal concern and commitment to victims and offenders, involving both in the process of justice Work toward the restoration of victims empowering them and responding to their needs as they see them Support offenders while encouraging them to understand, accept, and carry out their obligations Recognize that while obligations may be difficult for offenders, those obligations should not be intended as harms, and they must be achievable 10 Principles or Signposts Harry Mika and Howard Zehr
- 15. Provide opportunities for dialogue, direct or indirect, between victim and offender as appropriate Find meaningful ways to involve the community and to respond to the community bases of crime Encourage collaboration and reintegration of both victims and offenders, rather than coercion and isolation Give attention to the unintended consequences of your actions and progam Show respect to all parties --victims, offenders, justice colleques 10 Principles or Signposts – Cont’d Harry Mika and Howard Zehr
- 16. Victim Offender Reconciliation Program 1970s and 80s- Reshaped and Renamed Family Group Conferences Peacemaking Circles Africa North American Indigenous Communities Schools Work Place
- 17. Emergent Practices in the Western criminal justice arena Victim Offender Conferences Key Stakeholders at minimum the Victim and the Offender ?Inappropriate? ?Impossible? Representatives or Surrogates, letters or videos
- 18. Facilitator Overseer or Guider of the process Facilitators are not arbitrators The Wrong or Injustice must be acknowledged Equity needs to be restored Future intentions need to be addressed Each model allows exploration of the facts, feelings and resolution
- 19. REFERRALS Community Courts Police Prison Probation Prosecutor SEVERE VIOLENCE Almost always initiated by the Victim
- 20. Community Representatives may have an overseer role or facilitator role Meeting with a facilitator Restitution or Contract Agreement is typically the outcome Victim and Offender are worked with individually Victims' Family Members may have secondary roles in the meeting VOC Victim and Offender Conference
- 21. New Zealand - Expression of facts and feelings, restitution agreements, plan for the offender - prevention and punishment. The Victim the offender or the police can block an outcome - everyone must be in consensus Offenders family; relevant community members; possibly involved police officers Family Group Conferencing Family Empowerment Model Youth Justice Coordinator Support for Offenders in changing of behavior and taking responsibility Culturally Appropriate
- 22. Stop here and talk about the Circle – First Nations People and how it is now being used even in larger urban communities. THE CIRCLE IS THE HEALER
- 24. In New Zealand conferences are the norm and courts are the alternative Batavia, New York has a long standing restorative justice program which works with the victims of severe crime, then with the offenders to develop alternative pleas, sentences and even sometime bail agreements. Prosecutors or Judges may make referral
- 25. Healing or Therapeutic Programs Violent Or Severe Crimes Often offenders are in prison Typically not used for parole or clemency appeal. May or may not have direct contact with the victim VICTIM OFFENDER COMMUNITY Victim driven rehabilitation - Responsibility -Solution Finding
- 26. INTENSE Daily Check Ins STRICT GUIDELINES Fear REINTEGRATION Responsibility Transition – Reentry Canada - CSA - Circles of Support and Accountability To work with released sex offenders
- 27. Fully Mostly Partially Potentially Non Restorative
- 28. JUSTICE WHAT LAWS HAVE BEEN BROKEN WHO HAS BEEN HURT WHAT DO THEY DESERVE WHO DID IT WHAT DO THEY NEED WHO'S OBLIGATION WHO PLAYS A PART WHAT IS THE PROCESS FOR SOLUTION
- 29. "When you change the way you look at things, the things you look at change" - Wayne Dyer
- 31. References/Credits Cristiano Galbiati-Photo Country roads Howard Zehr - The Little Book of Restorative Justice Mindy Baxter - PAADA