1. Restorative Justice Processes Duane Ruth-Heffelbower Click here to start audio © 2003 Fresno Pacific University For Criminal Justice and Child Dependency

2. Four Options for Handling Conflict 1. 2. 3. 4. Copyright 1996 Ron Claassen II II X II X II

3. Crime is... an action that is deemed injurious to the public welfare and is legally prohibited any serious wrongdoing a foolish act or practice Random House Webster’s College Dictionary

4. Intro to Restorative Justice Assumptions of current criminal justice system crime is a violation of law the state is the “victim” victim-offender relationship does not matter debt is paid by “taking punishment” balance is righted by punishing offender justice is found in adversarial process following rules Based on Howard Zehr and Ron Claassen

5. Assumptions of Restorative Justice Crime is a violation of people and relationships Justice should identify needs and obligations and make things right Justice encourages dialogue and agreement, giving victims and offenders central roles Justice is tested by the extent to which responsibilities are assumed, needs met and healing encouraged Howard Zehr

6. Assumptions of Restorative Justice Crime results in injuries to victims, communities and offenders. The CJ system needs to aim to repair those injuries. Victims, offenders, communities and government should be involved in the process as early as possible. The government is responsible for preserving order, and the community for establishing peace. – Daniel VanNess

7. Commitment to Be Constructive (One Way) Forgiveness (Two Way) Is Mutual Recognition That Injustices Are Recognized Equity Is Restored Future Intentions Are Clear When Agreements AreMade and Kept, Trust Grows ©2002 Duane Ruth-Heffelbower, Center for Peacemaking & Conflict Studies. Adapted from Ron Claassen Unconditional Positive Regard Peacemaking Model

8. The problem New Zealand addressed 12% of the population is Maori 43% of juvenile offenders were Maori Juvenile justice system did not succeed in reducing recidivism or overall crime rates

9. Restorative Justice in New Zealand Legislated in 1989 combining child welfare and juvenile justice systems Mandates Family Group Conference as the primary method for handling youth crime and child welfare matters Empowers extended families in case decision making

10. NZ Family Group Conferences Derive from Maori culture, but are for everyone Bring together a youth’s extended family, victim, and system professionals to create a plan for rehabilitating the youth and family Are facilitated by trained child welfare workers Return accountability to family and community

11. NZ Results As of 1995 - 90% of cases diverted to FGC 75% decrease in court hearings 2/3 fewer youth in custody Auckland, NZ, the size of Fresno County, has 26 youth detention beds Dramatic reduction in recidivism Source: NZ Judge F.W.M. McElrea

12. NZ Goals for Family Group Conferences Use mediation method to negotiate appropriate penalties and remedial plan Involve Youthful offender, family, victim, and system representatives Conference adopts plan by consensus and it becomes the order of the court. Provide for needs of the victim

13. NZ Challenges What about those who become repeat offenders? Is there a way to reach them through FGC that has not been tried? What about the violent or drug addicted? How can FGC be used to reach them?

14. The Fresno Model Fresno began using FGC, named Community Justice Conference, in 1995 on a regular basis. They are facilitated by trained volunteers or VORP staff Department of Social Services uses the CJC model in its voluntary family maintenance program, facilitated by a CPS worker

15. The Fresno Model 2 Schools use CJC as an option for responding to discipline problems

16. Community Justice Conference Process Opening Recognizing the injustice What is needed now to restore people and relationships restore equity future intentions evaluate Write the agreement Sign and celebrate Follow up

17. CJC Preliminary work Who should be at the meeting getting ready

18. New Uses of CJC in Fresno, CA Fresno’s new boot camp asked VORP to hold a CJC for every graduate moving to aftercare, to create an aftercare plan which can be monitored and changed as needed, empowering the offender’s family and the community to hold the offender accountable

19. Other Models Australian police developed a family group conference method for youthful offenders in which a police officer leads the conference. The process is very similar to New Zealand. Ted Wachtel developed the RealJustice scripted conferencing method with cooperation from some of the Australian police.

20. Family Group Conference Method Summary There are three basic models: New Zealand Australia (Wagga-Wagga) Fresno

21. FGC Summary 2 The basic difference among the three is how the facilitator is chosen: New Zealand: government case- worker Australia: Police officer Fresno: Community volunteer or nonprofit org staff

22. All processes can be more restorative Restorative Justice is not just about victims and offenders meeting together to work things out. Any process designed to deal with the results of crime or problem behavior can be done more restoratively. Employee relations in a factory or an office can use Restorative Justice principles. Universities can use Restorative Justice principles in the relations among students, staff, faculty and administration. The question is whether we are moving in a more restorative or less restorative direction as we adjust policies and procedures.

23. Summing up Restorative Justice is a way of thinking about justice, not a program Family Group Conferences are a common process used in both criminal and child dependency cases Any process can be made more restorative