Restorative Justice: Processes for Creating Right Relationship

After a Crime

Compiled by Rhonda Pfaltzgraff-Carlson

Different Approaches/Questions

Criminal Justice What laws have been

broken?

Who did it?

What do they deserve?

Restorative Justice Who has been hurt?

What are their needs?

Whose obligations are these?

Zehr, Howard (2002) The Little Book of Restorative Justice. Intercourse, PA: Good Books.

Contrasting Views

Criminal Justice Crime is a violation of the

law and the state

Violations create guilt

Justice requires the state to determine blame (guilt) and impose pain (punishment)

Central Focus: Offenders getting what they deserve.

Restorative Justice Crime is a violation of

people and relationships

Violations create obligations

Justice involves victims, offenders, and community members' efforts to make things right again

Central Focus: Victims' needs and offenders' responsibility for repairing the harm done to them.

Zehr, Howard (2002) The Little Book of Restorative Justice. Intercourse, PA: Good Books.

Restorative Justice Principles

Crime is a violation of people and of interpersonal relationships

Violations create obligations

The central obligation is to right the wrongs

Zehr, Howard (2002) The Little Book of Restorative Justice. Intercourse, PA: Good Books.

3 Pillars of Restorative Justice

Harms and Needs

Focuses primarily on the victim's harm and related needs, but also those of the community and offenders

Obligations

Addresses the obligations that have arisen from the harm done (primarily the offenders but also the communities')

Engagement

Inclusive collaborative processes allow for engagement among those who have a stake in the offense and its resolution

Zehr, Howard (2002) The Little Book of Restorative Justice. Intercourse, PA: Good Books.

Core Aspects of Practices

Encounter between key stakeholders

Preference for face-to-face meetings

Led by facilitators who oversee and guide the process while balancing concern for all parties

Explore facts, feelings and resolution

Zehr, Howard (2002) The Little Book of Restorative Justice. Intercourse, PA: Good Books.

Restorative Justice Practices

Community

Levels of Restorative Practice1) Individually Restorative 2) Relationally Restorative 3) Socially RestorativeRestorative Values

VICTIM NEEDS(Community of Care)Victim ServicesCompensation fundsSupport Groups

OFFENDER FAMILY NEEDSFamily ServicesSupport GroupsTransportation and Visitation Services

OFFENDER NEEDS(Accountability & Healing)Reentry AssistanceOffender ServicesSupport Groups

1

2

11

3

22

Circles; Family Group Conferencing

Family Group Decision Making; Transitional Conferencing

Face-to-Face Meetings; Peer Support

Victim-Offender Conferencing;Dialogue Groups;Circles of Support & Accountability

Toews, Barb (2006) The Little Book of Restorative Justice for People in Prison: Rebuilding the Web of Relationships. Intercourse, PA: Good Books.

Points of Contact: Restorative Justice Programs w/ Criminal Justice System

Crime

Report & Arrest

Charge

Plea

Sentencing

Incarceration

Community Conferencing/Youth Programs

Diversion Post Plea

Aboriginal Justice Programs

Prison Visitation ProgramsCircles of Support & Accountability

Punishment/RetributionHealing/RestorationReintegration into Community Separation from Community

V-O Mediation: