1. Universität Hamburg Restorative Justice 01/2009 Universität Hamburg Restorative Justice Seite 5

2. Universität Hamburg Restorative Justice 01/2009 Restorative = 1. Having the power to restore. 2. To give back something taken away. 3. To bring back to a former condition - as by repairing or rebuilding. 2

3. Universität Hamburg Restorative Justice 01/2009 Contents 1. Beyond Punishment 2. Origins 3. Principles 4. Practice 5. Problems 6. Evaluation 3

4. Universität Hamburg Restorative Justice 01/2009 1. Beyond Punishment RJ is a philosophy and a method that balances the needs of the victims, the offender, and the community to repair the harm caused by a criminal offense. RJ makes offenders acknowledge the impact of what they have done gives offenders opportunity to make reparation offers victims the opportunity to have their situation acknowledged and amends made. 4

5. Universität Hamburg Restorative Justice 01/2009 Questions of the Criminal Justice System  Who did it?  What laws were broken?  How shall we punish the offender? Questions of Restorative Justice  What is the harm?  What needs to be done to repair the harm?  Who is responsible for the repair? 5 1. Beyond Punishment

6. Universität Hamburg Restorative Justice 01/2009 Different 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? 6

7. Universität Hamburg Restorative Justice 01/2009 Warum Datenbanken? 1. Beyond Punishment 7

8. Universität Hamburg Restorative Justice 01/2009 Communities  Of Interest  Of Care Circles 8 1. Beyond Punishment

9. Universität Hamburg Restorative Justice 01/2009 Conferencing Conferencing includes the offender, the victim, the offender’s supporters and the victim’s supporters, together with a facilitator, but not normally professionals - NOT the same as family group conferencing The offender will explain how the offence happened The victim will say the effects of the offence on them, as will the victim’s supporters and the offender’s supporters The conference will then turn to what could be done in the future to improve things 9 1. Beyond Punishment

10. Universität Hamburg Restorative Justice 01/2009 Mediation  Direct mediation: just the offender and the victim with a facilitator  Indirect mediation (shuttle mediation): where the facilitator passes information between the offender and victim, but there is no meeting. 10 1. Beyond Punishment

11. Universität Hamburg Restorative Justice 01/2009  Aboriginal Justice (Maori, Navajo...)  Faith Communities (Mennonites …)  Prison Abolition Movement (ICOPA …)  Criminology (Critique of Criminal Justice; Teubner‘s Trilemma, Search for Alternatives: Braithwaite …) 11 2. Origins

12. Universität Hamburg Restorative Justice 01/2009 Prisons Full to Bursting 12 2. Origins

13. Universität Hamburg Restorative Justice 01/2009 Prisons Activists 13 2. Origins

14. Universität Hamburg Restorative Justice 01/2009 Warum Datenbanken? 2. Origins Prison Violence 14

15. Universität Hamburg Restorative Justice 01/2009 Prison’s ineffectiveness 15 2. Origins Therapy Nothings Works Warehousing Just Deserts Overcrowding Repeat Offenders Terry Moffitt Lack of Shame, Insight Hardened Criminals Anti-Preventive Process

16. Universität Hamburg Restorative Justice 01/2009 Warum Datenbanken? Disregard for Victims  Safety  Healing  Justice  Restitution 16 2. Origins

17. Universität Hamburg Restorative Justice 01/2009 Warum Datenbanken? Disregard of Community  Safety  Healing  Justice  Prevention 17 2. Origins

18. Universität Hamburg Restorative Justice 01/2009 Warum Datenbanken? Limits of Legal Regulation Teubner‘s Trilemma  Ineffectiveness  Self-Destruction of Legal System  Destruction of Regulatory Object 18 2. Origins

19. Universität Hamburg Restorative Justice 01/2009 3. Principles  Respect  Solidarity  Responsibility  Repair harm  Reduce Risk  Build community 19

20. Universität Hamburg Restorative Justice 01/2009 3. Practice 20 Accountability Taking direct responsibility Taking action to make things right Communities and victims actively determine response Offender feels obligation to victims and community Victims and community set community standards for behavior and consequences

21. Universität Hamburg Restorative Justice 01/2009 3. Principles Question: What does justice require?  Who has been hurt?  What are their needs?  Whose obligations are these?  Who has a stake in this situation?  What is the appropriate process to involve stakeholders in an effort to put things right? 21

22. Universität Hamburg Restorative Justice 01/2009 Warum Datenbanken? 3. Principles Retribution and RJ agree:  The offender owes something  The victim deserves something  As moral agents, offenders must take responsibility. The outcome must fit the offense. But:  Retribution: What is deserved is pain  Restoration: What is owed is an effort to put things right. 22

23. Universität Hamburg Restorative Justice 01/2009 Warum Datenbanken? 3. Principles Guiding Questions:  Who has been hurt?  What are their needs?  Whose obligations are these?  Who has a stake in this situation?  What is the appropriate process to involve stakeholders in an effort to put things right? 23

24. Universität Hamburg Restorative Justice 01/2009 Warum Datenbanken? 3. Principles Focus on needs rather than deserts Victim-Orientation: support and healing is a priority Offenders take responsibility for what they have done Dialogue to achieve understanding Attempt to put right the harm done Offenders look at how to avoid future offending The community helps to re-integrate both victim and offender 24

25. Universität Hamburg Restorative Justice 01/2009 3. Principles 25 For Victims: 1.Safety 2.Answers 3.Opportunities to tell their truths 4.Involvement, empowerment 5.Validation and vindication

26. Universität Hamburg Restorative Justice 01/2009 4. Practice 26 Questions: 1.What is the harm? 2.What needs to be done to repair the harm? 3.Who is responsible to repair the harm?

27. Universität Hamburg Restorative Justice 01/2009 4. Practice 27 What is the harm?  It is an injury to the victim, community, even the offender  Broken relationships

28. Universität Hamburg Restorative Justice 01/2009 4. Practice 28 What needs to be done to repair the harm?  Identify and clarify the harm that’s been done  Include the victim  Assess the offender’s capacity to make reparation  Facilitate opportunities for restoration to take place

29. Universität Hamburg Restorative Justice 01/2009 4. Practice 29 Who is responsible for the repair?  The offender, not the state, has primary and personal responsibility for making things right with the victim and the community.  The responsibility is shared by the agency, the offender, their family, the community and the victim.

30. Universität Hamburg Restorative Justice 01/2009 4. Practice 30 Public Safety Increases When… 1.Offenders develop internal controls 2.Community members resolve conflict 3.Community Justice is solution-focused 4.Community Justice partnerships are developed

31. Universität Hamburg Restorative Justice 01/2009 EncounterAmendsReintegrationInclusion MeetingApologyRespectInvitation Communication -Narrative -Understanding -Emotion Changed Behavior Material Assistance Acknowledge Interests AgreementRestitutionMoral/Spiritual Direction Accept Alternatives Generosity 31 Values and Components of Restorative Justice

32. Universität Hamburg Restorative Justice 01/2009 EncounterAmendsReintegrationInclusion MeetingApologyRespectInvitation Communication -Narrative -Understanding -Emotion Changed Behavior Material Assistance Acknowledge Interests AgreementRestitutionMoral/Spiritual Direction Accept Alternatives Generosity 32 Values and Components of Restorative Justice

33. Universität Hamburg Restorative Justice 01/2009 EncounterAmendsReintegrationInclusion MeetingApologyRespectInvitation Communication -Narrative -Understanding -Emotion Changed Behavior Material Assistance Acknowledg e Interests AgreementRestitutionMoral/Spiritual Direction Accept Alternatives Generosity Values and Components of Restorative Justice 33

34. Universität Hamburg Restorative Justice 01/2009 EncounterAmendsReintegrationInclusion MeetingApologyRespectInvitation Communication -Narrative -Understanding -Emotion Changed Behavior Material Assistance Acknowledge Interests AgreementRestitutionMoral/Spiritual Direction Accept Alternatives Generosity Values and Components of Restorative Justice 34

35. Universität Hamburg Restorative Justice 01/2009 Warum Datenbanken? 4. Practices Reparation Boards 35 Conferencings Victim/Offender Mediation Victim Impact Panels/Classes Circle Sentencing Community Service Reparation Boards Family Group Conferencing

36. Universität Hamburg Restorative Justice 01/2009 4. Practice 36 Value and Method of Circles Shared leadership, equality, visual contact among all participants at all times. Talking piece: object chosen to designate the person whose turn it is to speak. Passed from person to person clockwise.

37. Universität Hamburg Restorative Justice 01/2009 4. Practice 37 Circle Guidelines No interruptions; speak respectfully, speak honestly. Listen to others speaking. Speak as briefly as possible to make your point. Confidentiality.

38. Universität Hamburg Restorative Justice 01/2009 5. Problems 38 Role of the State Safeguards against Misuse Activating Victims Activating Community

39. Universität Hamburg Restorative Justice 01/2009 6. Evaluation 39 Three Aims Does RJ reduce reoffending? Is it worth the money? Does it respond to needs and rights of victims?

40. Universität Hamburg Restorative Justice 01/2009 6. Evaluation 40 Victims recommend restorative justice to others (70-80%) Only 10% offenders and 12% victims expressed any doubt about the outcome agreement 6 from 152 offenders (and 6 from 216 victims) were dissatisfied with RJ conferencing

41. Universität Hamburg Restorative Justice 01/2009 6. Evaluation 41 Restorative justice provides, for victims and offenders: Communication about offender-related problems Mutual recognition Problem-solving for the future

42. Universität Hamburg Restorative Justice 01/2009 6. Evaluation 42 Victims are definitely positive about RJ - they say they and others are helped. Victims of more serious offences were particularly positive. For RJ conferencing, decreases in reoffending were sufficient to make conferencing value for money against the cost of the scheme. Mediation did not have the same impact. The current criminal justice system for adults is impoverished in terms of not providing enough opportunities to help offenders to desist (reduce/stop offending).

43. Universität Hamburg Restorative Justice 01/2009 43

44. Universität Hamburg Restorative Justice 01/2009 Obrigado Marian Liebmann, Joanna Shapland, John Braithwaite, Howard Zehr,Louk Hulsman, Nils Christie e Connie Musolff 44