Aims, Goals and Values of Community Conferencing

Aims, goals and values of Youth Justice Conferencing

Youth justice conferencing is a restorative justice process. Restorative justice provides a response to criminal behaviour that takes into account the needs of and actively involves the offender, victims and community[footnoteRef:1]. [1: United Nations (2006). Handbook on Restorative Justice Programmes, Criminal Justice Handbook Series. United Nations Office on Drugs and Crime, Vienna. http://www.unodc.org/pdf/criminal_justice/06-56290_Ebook.pdf]

Marshall (1999) provides a succinct description of restorative justice:

“A process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future”[footnoteRef:2] [2: Marshall, T (1999). Restorative Justice: An Overview. A report by the Home Office Research Development and Statistics Directorate, London. http://www.homeoffice.gov.uk/rds/pdfs/occ-resjus.pdf ]

It is important to note that restorative justice practice gives as much importance to the conference process (the interaction) as to the outcome (the conference reaching agreement and the young person completing all commitments included in the agreement).

Key aim:Restoration

The primary aim of a youth justice conference is restoration for those people affected by the young person’s offending behaviour.

“Restoration” refers to the bringing back to a former condition something that has been lost or taken away. What is considered to be ‘restorative’ is subjective and closely linked to what is felt to be ‘meaningful’ and is dependant on the beliefs of the victims, young person and community.

Goals:The following goals underpin the program’s key aim of restoration.

Participation

Parties involved in a conflict should be actively involved in the decision-making about how a matter is resolved. This translates to the victim, young person and community all having an opportunity to determine a mutually acceptable response to repairing the harm caused by the crime. Participation by all parties should be on an informed basis with adequate preparation and safeguards to ensure a safe, respectful and balanced environment.

Accountability

The young person should be held accountable for their offending behaviour, and given the opportunity to:

· admit and engage in dialogue about their commission of the offence (admit the behaviour)

· understand that the behaviour is not acceptable (be aware of the wrongdoing)

· understand the consequences of their offending actions (hear and gain appreciation of the harm they have caused others)

The young person accepting responsibility and being held to account for their offending behaviour are essential components of the restorative process.

Reparation

The needs of victims should be acknowledged and the young person should be provided with an opportunity to make amends (to right-the-wrong they have done to another).

All persons affected by the offending behaviour should have an opportunity to work towards determining what may be done to repair the harm. Reparation for the harm is primarily targeted to addressing the needs of victims although it can also refer to the repairing of relationships among participants.

Reintegration

Victims should be provided with an opportunity for healing and reintegration including a sense of control, security and closure. The young person should be provided with an opportunity to develop socially responsible ways of behaving and an opportunity to strengthen their social and personal connections with their family or community of care and within the wider community. The family and community should also be encouraged to accept responsibility to support the young person in their development.

Values:A range of values underpin the key restorative goals of participation, accountability, reparation and reintegration. These include:

1. provision of a physically and emotionally safe and respectful environment that values the dignity of participants

1. safeguards for the rights of young people and victims

1. informed and voluntary participation

1. a procedurally fair process for all parties

1. a facilitated, impartial and balanced process

1. culturally appropriate and responsive processes for all participants

1. an achievable, lawful and relevant outcome that is developed and owned by participants and directed at repairing the harm for the victim.

Outcomes:Engaging restorative justice responses to offending can result in a number of desirable outcomes including:

1. a young person’s moral and cognitive development

1. the diversion of a young person from further involvement with the criminal justice system.

“Diversion” of young people from the criminal justice system can refer to:

1. diversion from appearing at a criminal court (diversion from formal prosecution) and/or

1. a reduction in future criminal activity including a decrease in severity, frequency and/or cessation of offending (diversion from offending)[footnoteRef:3]. [3: Hayes, H & Daly, K (2004). Conferencing and Re-offending in Queensland. The Australian and New Zealand Journal of Criminology, Vol. 37, No. 2, pp. 167-191 and Strang, H, Barnes, G, Braithwaite, J & Sherman, L (1999). Experiments in restorative policing: a progress report on the Canberra Reintegrative Shaming Experiments (RISE). Australian National University.]

Benefits:Youth justice conferences can result in a range of benefits for participants.

For victims, conferences offer an opportunity to:

· hold the young person personally accountable

· tell their story and discuss their feelings directly with the person who caused them harm

· seek answers to the questions that they may have about the crime including ‘why’ it occurred and ‘how’ the decision was made to involve them as the victim

· be affirmed as blameless for the offence

· participate in the process of working out how the young person should attempt to repair the harm they have caused

· potentially receive an apology, restitiution or other forms of repair

· obtain closure on the matter

· be restored.

Benefits for young people who have offended can include providing them with an opportunity to:

· admit their offence and take responsibility for their offending behaviour

· learn and develop a greater understanding of the consequences of their behaviour on others including the victim and their own family/community

· offer an apology and explanation to affected persons thereby increasing their sense of addressing the harm they have caused

· participate in the decision on how to make things right

· demonstrate their remorse in a tangible way

· be diverted from the formal court system (police referrals)

· restore their self-image and self-respect.

Benefits for the families and communities of young people who have offended can include providing them with an opportunity to:

1. strengthen their relationship with the young person

1. learn about the young person’s behaviour and gain greater insight into its impact on others

1. understand how the young person feels about issues associated with their offending behaviour

1. take an active role in deciding an appropriate response to offending behaviour

1. support the young person’s compliance with an agreement.