Restorative Justice: Processes and Practices

Navajo Peacemaking Formal community response to help people in need Formal community response to help people in need Respond to need and understand why people harm others Respond to need and understand why people harm others Disconnected from the world around them Disconnected from the world around them Help people reconnect with people Help people reconnect with people

Navajo Peacemaking Achieve peace by talking things out Achieve peace by talking things out Peacemaker Peacemaker Listens to dispute Listens to dispute Agree on a practical solution Agree on a practical solution Two values: Two values: k’e = solidarity k’e = solidarity k’ei = connectedness to others k’ei = connectedness to others

Conferencing - New Zealand Model Juvenile Justice Juvenile Justice Family group conference Family group conference Family/ community members play a big role Family/ community members play a big role Central beliefs: Central beliefs: Making decisions Making decisions Family as a positive force Family as a positive force Restorative response vs. Retributive response Restorative response vs. Retributive response

Conferencing - New Zealand Model Youth justice coordinator Youth justice coordinator Who attends: Who attends: Person who did the harm Person who did the harm Victim Victim Police representative (“prosecutor”) Police representative (“prosecutor”) Decision making process to make things “right” Decision making process to make things “right” Come to a consensus on outcome Come to a consensus on outcome

Conferencing – Wagga Model (Australia) Juvenile Justice Juvenile Justice How to best respond to harm How to best respond to harm Difference: Difference: Is run by police or school official Is run by police or school official Given opportunity to participate Given opportunity to participate

Conferencing – Wagga Model (Australia) More offender focused More offender focused Asked about offense/feelings Asked about offense/feelings Harmed person Harmed person Asked about how it affected them Asked about how it affected them Asked what they want outcome to be Asked what they want outcome to be Written agreement reached in 60 – 90 minutes and is usually a consensus Written agreement reached in 60 – 90 minutes and is usually a consensus

Community Sentencing Circles (Canada) Respected member of society Respected member of society Chairs in a circle Chairs in a circle Talk about: Talk about: Extent of crimes Extent of crimes Cause of crimes Cause of crimes Impact Impact What can prevent What can prevent What can help offender/victim/community What can help offender/victim/community Sentence plan Sentence plan

Victim-Offender Reconciliation Process (VORP) Most widely known restorative justice program in North America Most widely known restorative justice program in North America Reconciliation programs: Reconciliation programs: Meet with the person harmed Meet with the person harmed Tell stories Tell stories Heal, reconcile Heal, reconcile Bring closure Bring closure

Restorative Justice Programs in Lee County

Victim Offender Conference Program (2001) Letter and questionnaire sent to victim Letter and questionnaire sent to victim Interested victims are contacted Interested victims are contacted Program is explained Program is explained Offender is contacted Offender is contacted Necessary Paperwork Necessary Paperwork Set up day/time for conference Set up day/time for conference Eligibility of Juveniles Eligibility of Juveniles

Victim Restitution / Community Service Program Community Service Community Service Earn credit to pay restitution to their victims Earn credit to pay restitution to their victims $5/hr, Maximum of $ $5/hr, Maximum of $ Failure to complete service Failure to complete service Violation will be filed Violation will be filed Ordered to pay back Ordered to pay back

Other Programs in Dixon Mural Project (2007/2008) Mural Project (2007/2008) 3 area artists work with youth 3 area artists work with youth Paint Mural on the Wall in Probation Paint Mural on the Wall in Probation Dixon Police Department Peer Jury (2007) Dixon Police Department Peer Jury (2007) Under development Under development

Does Restorative Justice Work? Coerced vs. Volunteering Coerced vs. Volunteering Remorse for action Remorse for action Apologies Apologies Type of offense Type of offense Fear of offender Fear of offender

Reintegration Difficult to reintegrate Difficult to reintegrate Stigmatization Stigmatization Bad neighborhoods Bad neighborhoods No solidarity/support No solidarity/support Limited opportunity Limited opportunity