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Facilitating Restorative Group Conferences

Lesson 2: Conferencing and Restorative Justice

Minnesota Department of Correctionswith the National Institute of Corrections

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Lesson Objectives Understand and articulate the values and

principles of restorative justice. Understand accountability within the

framework of conferencing. Identify the benefits and risks of

conferencing. Explain similarities/differences between

some face to face restorative practices. Explain the history of victim/offender

processes. Explain how conferencing relates to or fits

within the restorative justice framework.

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When faced with harm or wrong doing:

Revenge Retribution Restoration

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Revenge:Weaknesses include:

People take justice into their own hands - vigilantism

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Retribution: Weaknesses include: Punitive, impersonal, state-centered Discourages offender empathy and

responsibility taking Leaves out victim and community

and does not address their needs Worsens wounds by separating

justice from healing

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Restoration: Emphasizes harms and resulting

obligations Keeps victims’ needs/interests

central Encourages offenders to understand

and take responsibility for harm Involves dialogue and the community Promotes individual and societal

healing

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Retributive Lens

What laws were broken? Who did it? What punishment do they deserve?

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Restorative Lens

Who has been hurt by this event? What are their needs? Whose obligations are they?

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Restorative Core Principle 1

Harm-focused - laws broken are lessimportant than how people were harmed Victim = central Offender = accountable to understand and

make right Repairing the harm = central Community suffered harm and is part of

obligation to repair it

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Restorative Core Principle 2

Engagement - assumes that the offender victim, and community

must all be actively involved in the process of resolving the harm

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Primary Stakeholders

Victim(s)

Offender(s)

Community

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Restorative Measures Like Group Conferencing …

Allow us to: talk it through identify solutions restore order

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Conferencing Participants: Victims and Supporters Primary victim or victims Secondary victims: adversely affected

by the harm’s aftermath Affected parties: arresting officers,

school administrators, etc. Supporters: friends, peers, siblings,

neighbors, counselors, teachers, extended family

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Conferencing Participants: Offenders and Supporters Person or persons who caused harm Friends, peers, associates or family members

who were not actively involved but knew about the harm

Supporters: family, extended family, (including older and younger siblings), friends, teachers, counselors, neighbors, probation officers, etc.

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Conferencing Participants: Other Community Members Community = Any group of people that share

common interest, geography or topic System and authorities: criminal justice

system and school administrators People who live in the area where the harm

happened: neighborhood, classroom, playground witnesses.

Organizations that support victims or offenders

Cultural leaders

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Risks and Benefits Brainstorm a list of

risks and benefits for the victim who may participate in a conference.

Brainstorm a list of risks and benefits for the offender who may participate in a conference.

Brainstorm a list of risks and benefits for community members who may participate in a conference.

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Where Conferencing Fits (CJS)

PAROLE & REENTRY

PRE-TRIAL OR PRE-

ADJUDICATION

PREVENTION & EARLY

INTERVENTION

DIVERSION

PROBATION

PRISON OR COMMITMENT

Conferencing Opportunity

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Where Conferencing Fits (Schools)

Conferencing Opportunity

ISS OR IMMEDIATEL

Y

PRE- RETURN TO CLASS,

PROGRAM

CLASSROOM ROLEPLAYS,

TEACH RJ SKILLS

SUSPENSION

EXPULSION

RE-ENTRY TO DISTRICT

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Participation Is Based On:

Choice – it is voluntary for victim and partly voluntary for offender

An admission of harm done A willingness to problem solve Awareness that any participant may

stop at any time Participants decide outcome

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Zehr & Mika Signposts Focus on the harms of wrongdoing more

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

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Support offenders while encouraging them to understand, accept and carry out their obligations

Recognize that while obligations may be difficult for offenders, they should not be intended as punishment and they must be achievable

Provide opportunities for dialogue, direct or indirect, between victims and offenders, as appropriate

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Involve and empower the affected community through the justice process and increase its capacity to recognize and respond to community bases of crime

Encourage collaboration and reintegration rather than coercion and isolation

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Give attention to the unintended consequences of our actions and programs

Show respect to all parties including victims, offenders, and justice colleagues

Harry Mika and

Howard Zehr, May 1997

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Crime is a wound.

Justice should be healing.

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Some Current Face to Face Practices Victim/offender mediation (dialogue) Family group conferencing Community conferencing Community panels Large group conferencing Peacemaking circles

Demonstrations!

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Victim/Offender Mediation

First program: 1974, Kitchener, Ontario, Canada

Joint program – probation and the Mennonite Central Committee

First in U.S: 1978, Elkhart, Indiana, U.S. Operated by probation first, then transferred

to non-profit community organization Elkhart program included adult offenders,

Kitchener only juveniles Cases of severe violence take more training

and preparation

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VICTIM/OFFENDER MEDIATION (DIALOGUE)

Facilitator

Offender

SupporterVictim

Supporter

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Family Group Conferencing

FGC was developed in New Zealand out of Maori tribal traditions

used there for child welfare and juvenile delinquency cases

Transformative Justice Australia modified model for JD matters (Wagga Wagga Model)

Wagga Wagga Model brought to U.S. by REAL JUSTICE in 1995

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FAMILY GROUP CONFERENCE

FACILITATOR

SUPPORTER

ON/HUMAN

SERVICES &/ORPROBATIONSERVICES

SUPPORTER

VICTIM

MEMBER OF COMMUNITY

OFFENDER

ON/SCHOOL

ADMINISTRATION OR LAW

ENFORCEMENTSERVICES

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COMMUNITY PANEL

CommunityMember/Facilitator

OffenderSupporter

Community Panel

Member

Community Panel

Member

SupporterDirect Victim

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OFFENDER

OFFENDERFACILITATOR

VICTIM

LARGE GROUP CONFERENCING

SUPPORTER

PARENT

VICTIM

MEMBER ORCOMMUNITY

A.F. = ASST. FACILITATOR OOOOOOOOOOOOOOOOOOO A.F. A.F. OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO A.F. A.F. OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO A.F. A.F. OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO A.F. A.F. OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO A.F. A.F. OOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO A.F. A.F. OOOOOOOOOOOOOOOOOOO

O = OTHER VICTIMS, OFFENDERS, SUPPORTERS, FAMILY MEMBERS AND COMMUNITY MEMBERS

SUPPORTER

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CIRCLES OF UNDERSTANDING

KEEPER

HUMANSERVICES

PROBATIONOFFICER

SUPPORTER

OFFENDER

COMMUNITYMEMBER

FAMILYMEMBER

COMMUNITYMEMBER

SUPPORTER

VICTIM

POLICE OFFICER

FAMILYMEMBER

COMMUNITYMEMBER

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Evolution of Conferencing

Includes adult offenders ‘Personal’ as well as property crimes Expanded scope of what is addressed Broadened to other non-justice settings Incorporated into multi-method programs 100’s of programs in North America,

more in Europe and elsewhere

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Cases of Severe Violence

Takes more intense training and preparation

Specialized expertise related to working with victims who have been severely traumatized

Special considerations for dealing with offenders in incarceration

Slower moving process, dealing with grief and healing

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Goals of Restorative Group Conferencing: Offender Accountability Understanding better the harm done

and those affected Being accountable to the person

harmed Being accountable to the community Having responsibility to repair the

harm

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Restorative Conferencing’s Goals:Community Accountability

Attending to the victim’s wounds Participating in a resolution Providing opportunities for offender’s

community service/restitution earning Identifying and addressing underlying

community conditions

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Restorative Conferencing’s Goals:Victim Opportunities

Choice in how they want to proceed Opportunity to talk about what happened Voice in how to right the wrongs A way to feel some power, safety,

reassurance Chance to have questions answered

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Restorative Conferencing’s Goals:Community Protection/Safety Timely response Reassertion of community expectations Stressing individual, parental, and

community responsibilities Reducing recidivism Strengthening community by building

relationships and providing opportunities for empathy between all participants

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Restorative Conferencing’s Goals:Competency Development Direct community involvement creates

community competency and builds relationships

Offender agrees to processes that can develop competency: problem solving, empathy, communication, etc.

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Activity

Simple, Challenging, Outrageous