Sentencing circles

What is a Sentencing Circle? Based on the traditional Aboriginal method of dealing with members of the community who have broken the law. Offender must plead guilty and must be sorry and want to heal the harm they caused GOAL: to shift the process of sentencing from punishment to rehabilitation and responsibility. Offender is faced with the impact of their actions in front of respected community members, Elders, peers, family, the victim and their family, creating an opportunity for real change.

Who should sit in a sentencing circle? The victim their family. The accused and their family. Elder or appropriate community professionals. A chief or councilor from the community A judge, lawyer and/or policeman.

Several Factors to Consider The accused must agree to be referred to the sentencing circle. The accused must have deep roots in the community. The Elders are willing to participate. The victim is willing to participate under voluntary circumstances (no pressure to participate) The court is willing to take a risk and depart from the usual method of sentencing.

What happens at a sentencing circle? It is usually held in a Band hall, school gym or outdoors. Chairs are arranged in a circle. Tape recorder is placed in the center of the circle. People take their places and the judge asks one of the Elders to say a prayer or perform a sacred Sweet Grass ceremony.

What happens at a sentencing circle? Everyone will have a chance to speak. Only one person speaks at a time. The discussion continues until all members agree on a sentence. The judge decides whether or not the proposed sentence is within the boundaries of the law and formally imposes the sentence.

Sentencing circle exclusions Repeat offenders or the offense is indictable. If incarceration may exceed 2 years. The attitude of the offender prohibits his/her involvement. Community is not prepared to be involved in the circle. Not all parties agree to participate in a circle.

Sentencing circle rules There are no special powers or privileges for anyone in the circle. There are no interruptions while a person is speaking. Decisions are made on the basis of consensus.

Today’s assignment Member’s of the class will write a script for and perform a sentencing circle to determine a sentence for a scenario provided to them by the teacher. Keep in mind that the sentence must also help rehabilitate the offender. Be sure to follow the rules that apply to a sentencing circle.

Members of the Circle Positions: Offender Victim Judge / policeperson Elders and/or community members Local Chief