Restorative Justice PDF

Restorative Justice The Concept of Conflict Restoring Justice has been practiced in some form by different societies in different eras – it isn’t new However in the thirteenth century the state (government) took over the resolution of conflicts by creating the penal system (punitive)....

Restorative Justice The Concept of Conflict Restoring Justice has been practiced in some form by different societies in different eras – it isn’t new However in the thirteenth century the state (government) took over the resolution of conflicts by creating the penal system (punitive). Therefore people have come to rely on conflict-resolution professionals to solve their conflicts. These professionals have developed areas of exclusivity that prevent people from solving their own conflicts (people delegate their conflict to these professionals). Restorative Justice is about reclaiming conflict. RJ Related to Theory From a structural functionalism perspective RJ is another method of bringing offenders out of the state of anomie or strain through resolving tensions (conflict) with the victims. Social problems that created the state of anomie should be addressed. Recognizing the lived experience of the victim, offender and the community is a first step towards resolving the harm caused by the crime Conflict theory- People are seen as ill-prepared to resolve their own conflicts because the law is too complex and instead defer to police, lawyers, judges, psychologists and other expert professionals to resolve what is really a community problem. - Likes to see a shift from professionals (the state/government) to restoring the community and individuals to manage conflict RJ Related to Theory Continued…. Symbolic Interactionism – avoid further labelling. RJ is not about avoiding accountability, but about re-inclusion into the community. The problem is the behavior, not the individual and the individual’s experience such that the person should be written off. Defining Restorative Justice RJ brings many aspects of justice together. RJ is the restoration of relationships during and after conflict. Embraces all three thematic frames of justice It has aspects of procedural justice by using a process or formal justice in its application (eg. Victim offender mediation) It has aspects of substantive or distributive justice whereby all participants have an opportunity to express themselves and their needs It is informed and founded on an ethical practice 4 Pillars of RJ 1. Embraces Conflict: RJ embraces conflict or problematic situations and solving conflict without delegating it to professionals 2. The Recognition of Social Problems: RJ requires the recognition of social problems being related to individual problems. 3. The Experience of Agency: RJ requires individuals in conflict to actively participate in its resolution. 4. The Ethical Practice of Leximin: RJ incorporates an ethic of doing no harm and protecting the most powerless. The Basics of RJ The core principles of restorative justice is about: Developing and supporting relationships that are open and honest, communicative and empathetic Constructive conflict resolution Conflict can have positive results and improve communication Can yield positive social change on a societal level Overall the purpose of goal of RJ interventions is to reduce the harm perpetrated and to create new, positive relationships among the participants. Elements of RJ Practice Certain ethical practices – including confidentiality and privacy are paramount in restorative conflict resolution. A facilitators impartiality is critical for two parties in conflict or disagreement to accept and outcome as just. A facilitator much not benefit in any way from the success or failure of the process. Competence is an integral part of professional practice in RJ It is the capacity to empathize in ways that facilitate connecting individuals with themselves. It means showing a capacity for compassion and courage. Elements of RJ Continued…. Storytelling is an effective intervention that permits offenders, victims and their families and/or communities to express their perspectives in non-threatening ways. Empowerment occurs when others, including the offender, acknowledge an individuals harm and inspire change Adversarial vs Collaborative Problem Solving An adversarial legal system sets people against each other so that there is always a winner and a loser in conflict. Focuses on substantive needs such as money Collaborative problem solvers achieve a solution that meets the needs and interests of the parties involved. Focus on all three types of needs: substantive (money or resources), procedural (timeline of meetings and discussions) and emotional/psychological needs Recognizing people’s different values is a critical aspect the RJ practitioner must be mindful of when engaging RJ and Indigenous Peoples RJ practices are applicable to conflicts at both individual and societal levels – the approach recognizes the harm caused, recognizes the dignity, strength and spirit of the individual or community harmed and re-establishes autonomy/self determination. The ethical practice of RJ involves taking into account the needs of the marginalized and oppressed, whether they are individuals or groups. The underlying premise considers an individual as an integral part of the community; a shared decision making process; a reliance on consensus and a belief that people can neither be assisted nor understood as long as they are isolated from their family or community. RJ and Indigenous People Continued… 4 uses of healing circles to resolve issues: 1. To resolve a dispute or issue prior to the involvement of the police or courts (pre-charge) 2. Diverting and withdrawing the charge through the use of successful mediation (post-charge) - alternative measures/victim-offender mediation 3. To determine sentencing 4. Reintegration and assistance of an individual reestablishing themselves in the community once their period of incarceration ends. Criteria for Sentencing Circles Voluntary agreement by accused to have recommendations as part of the judges considerations. Willingness of victim to participate Resolution of disputed facts Acceptance of responsibility by offender for his/her actions A guilty plea Community support for the offender and willingness to be involve din the process on behalf the accused Victim has had meaningful input Demonstrated sincere intention of accused to be rehabilitated and to participate meaningfully in rehabilitation RJ in Schools RJ practices have been incorporated by educators into the school setting since the 1990s. It comes from the idea that traditional punishment detracts from the central goal of developing well centered, balanced young people with self-discipline to do things such as show up on time and adopt patterns of behavior to work in large groups outside the family. Punishment creates anger, damages self esteem and is counter productive to the development of the child. RJ offers a coherent multidimensional approach to problem solving the complex nature of negative school environments and traditional reward and punishment responses. RJ and the Criminal Justice System RJ in the criminal justice context views crime as a violation of people and relationships RJ is concerned with how the action that constituted the crime (as defined in the criminal code) harmed the people involved, including a breach of trust and sense of well-being and security. Such violations create an obligation to make things right. RJ involves the victim, the offender and the community in search of solutions that promote repair, reconciliation and reassurance. The Victim and Offender and those generally affected (families) are encouraged to play active parts in this RJ and The Criminal Justice System Continued… Review the Table: Traditional Criminal Justice Approaches (Retributive vs Restorative Justice Approaches) There are 12 main points of difference Impact/Outcomes of Restorative Justice The goals of RJ are to reduce crime and to restore the relationships among the victim, offender and community Some victims felt worse after (they were a minority) Victims gave a high approval rate, but this rate was less than other participants such as the offender Offenders were also more likely to be satisfied with engaging in a RJ process rather then going through the formal criminal justice process. Positive results for reduction in recidivism for youth participating in RJ