Integrating Restorative Justice Principles and Practices Within Juvenile Justice Coalition for Juvenile Justice June 5, 2017 Facilitators: Catherine Bargen, Matthew Hartman, and Aaron Lyons Co-Founders and Principals of Just Outcomes, LLP
Email us at info@justoutcomesconsulting.com Just Outcomes supports communities and organizations in developing just responses to harmful actions or situations. Matthew, Catherine, Aaron www.justoutcomesconsulting.com Email us at info@justoutcomesconsulting.com 503-754-3319
Poll What is your role in relationship to Juvenile Justice? Administrator Intake/Court/Probation Program Development/Coordination Community Partner Other Aaron
Today’s Agenda Restorative Justice Defined Levels of Restorative Justice Implementation Five Priority Strategies of Effective Implementation Q & A Aaron
Restorative Justice Defined Restorative justice is a response to a harmful incident that seeks the inclusion of all involved, in efforts to meaningfully address the harm and restore trust in relationships. Just Outcomes Aaron
Restorative Justice Models of Practice Victim-Offender Dialogue Conferencing Circle Process Aaron
Evidence Reductions in re-offending Increased victim satisfaction Higher restitution repayment rates Lower incarceration rates Lower court costs
Restorative Justice is Not . . . A replacement for the legal system Only intended for minor offenses or low-risk youth Necessarily an alternative to prison “That victim program” or “that youth program” A particular program or blueprint Highlights: Not necessarily about diversion of lower risk, lower needs youth out of the criminal justice system. Problems with this assumption include: Most effective with more serious/violent crimes, both in recidivism and victim satisfactions Effective with adults Can take place within the justice system either pre or post sentence Adapted from Howard Zehr
External Expectations (staff/client, staff/partner) Levels of Change Program Development, Implementation, and Evaluation External Expectations and Relationships (staff/client, staff/partner) Internal Expectations and Relationships (staff/staff, staff/admin) Matthew VALUES
Restorative Justice Values Respect Empowerment Inclusivity Humility Curiosity Interconnectedness Responsibility / Accountability Growth Dialogue Catherine Possible polling question: which two do you think your organization is already strongly embracing or embodying?
Principles of Restorative Justice Invite full participation and consensus Work towards healing what has been broken Seek direct accountability Reintegrate where there has been division Strengthen the community and individuals to prevent further harms
Internal Expectations and Relationships (staff/staff, staff/admin)
Power Without conscious reflection one’s use of power in justice, the “values” quickly become buzzwords co-opted into business as usual. The responsibility of re-examining power and authority relationships rests with both individuals and the collective agency. NZ example of youth justice reform: not perfect, but a real attempt to disrupt colonial power dynamics at a national level The innate, ascribed, and learned characteristics that enable a person to achieve their goals.
Styles of Intervention Avoidant (evading power) “I didn’t see that.” Accommodating (surrendering power) “I know you didn’t mean to, just don’t do it again.” Restorative (power-with) “What do you think it will take to make things right?” Directive (power-over) “How many times do we have to go over this?” Support Expectation High Low Adapted from IIRP
Internal Expectations and Relationships (staff/staff, staff/admin)
Internal Expectations and Relationships (staff/staff, staff/admin) Why focus attention here? Safe organizational culture allows for individual change Integrity in approach to change Sustains change
Strategies for Implementation Internal Expectations and Relationships (staff/staff, staff/admin) Strategies for Implementation Commit early to this level for the long road of implementation Develop healthy and safe workplace culture Respond to conflict, harm and grievances restoratively Commit early to this level for the long road of implementation Develop healthy and safe culture Use circle process for organizational development Empower Staff Cross-train Staff Collaboratively establish clear expectations Get the “right” people on the bus Respond to Conflict, Harm and Grievance Restoratively Challenge county HR norms Define and clarify confidentiality Don’t engage in conflict triangles If possible, give example? Ethics violation or Harassment Grievance
External Expectations and Relationships (staff/client, staff/partner)
External Expectations and Relationships (Staff/Client) Why focus attention here? Trauma-Informed, Strength-Based, Equity-Informed Aligned Messaging Empowerment Model Motivates Change Sustainable Change
External Expectations and Relationships (Staff/Client) Strategies for Implementation Change the “why” Power-with relationships Address needs (process and outcome) Define accountability restoratively Consistency in response to regression Define accountability as: acknowledgement of choice; recognition that actions caused harm; actively seek to understand the experience of those impacted; participate in working to make things right; personal transformation to minimize future harm; and, compliance only in-so-far as it supports the above.
External Expectations and Relationships (Staff/Partner) Why focus attention here? Empowers community to accept their obligation to their members Strengthens community capacity A more empowered community is a safer community Allows for efficient, community-based program development Strategies for Relationship-Building Practice curiosity and humility Support capacity building within community Trust community wisdom and culture
Justice system follows community leadership. Justice system operates separately and independently of the community. Community viewed as nuisance Justice system follows community leadership. Community viewed as problem solver 1. Justice system operates separately and independently of the community. 2. Justice system provides more information to the community about its relationships. 3. Justice system provides information to the community about its activities and asks for intelligence information from the community. 4. Justice system asks for some guidance in doing its work, recognizes a need for community help, and places more activities in the community. 5. Justice system follows community leadership. Adapted from National Institute of Corrections. (2001). Restorative Justice: Principles, Practices and Implementation. United States Department of Justice. Section 4, “Building Community Resource Capacity”, pp. 239-240.
Program Development, Implementation, and Evaluation
Programs Aligned with Restorative Justice Values and Principles Victim-Offender Dialogue Program Conferencing Circle Process Restorative Community Service Restitution Pay-back Programs Possible polling question: which do have experience with/know about? Select all that apply
Program Development, Implementation, and Evaluation Why focus attention here? Expansion of services to all clients (Victim, Youth, Community) Mitigation of barriers to success Evidence-based Provision of safe space for meeting stakeholder’s interdependent needs Evaluation creates a level of accountability to community
Program Development, Implementation, and Evaluation Strategies for Implementation Contract with community non-profit agencies for service delivery Include M & E funding and expectation within contracts Engage community leaders (formal and informal) in program development Fill facilitative-governance roles: Assure community programs and members have meaningful roles within justice response Fund Facilitate Convene Support, and, Educate Refer Clients
Five Priority Strategies for Implementation Change how power is wielded in organizational hierarchies, with clients and families, and with community partners – aim towards power-with others, rather than power-over others. Change how Power is Wielded Start restorative justice implementation internally through attention to organizational culture, relationships, conflict and grievance policies and procedures. Strengthen the Trunk Strengthen service to victim/survivors through program development, attentive youth case management, and collaboration with victim services/advocacy. Strengthen Service to Victims Engage, listen, educate, and empower community as primary partner in administration of justice. Actively Engage Community Reallocate funding within budget to align with restorative justice priorities. Reallocate Funding Simple summary – put a lens of relationship on everything you are doing! Polling question: which strategy seems most relevant or important for you in your role?
“There is no power for change greater than a community discovering what it cares about.” - Margaret J. Wheatley
Questions?
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