SOC assignment
chuckwamg94
RestorativeJustice.pptx
Offender
Community
Victim
Justice System
Community Protection
Accountability
Competency Development
What is Restorative Justice?
Restorative Justice is a process whereby the parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense and its implications for the future.”
Tony Marshall
Restorative Justice Practices
Restorative Justice Practices is a system of formal and informal processes that build and sustain a culture of kindness, respect, responsibility and justice.
This is achieved through emphasizing the importance of trusting relationships as central to building community and repairing relationships when harm has occurred.
Restorative Principles
Relationships are central to building community
Equity of voice
Inclusive decision-making
Shared ownership of classroom and school-wide values
Non-punitive response to wrong-doing
Positive change supported when we do “with” not “for” or “to” others
Who are the parties?
Victims- those who were harmed
Offenders- those who caused harm
Community- the place where the harm was committed
We call the parties- the stakeholders
Restorative Justice:
Is not a program.
Is a mission or philosophical framework.
Is a different way of responding to crime and/or harm in families, communities and systems especially the criminal justice system.
Criminal vs. Restorative Justice
| Participation | Restricted: Primarily reliant on experts | Inclusive: Primarily reliant on community |
| Decision Making | Adversarial | Consensus |
| Issues | Broken State Laws | Broken Relationships |
| Focus | Past conduct Individual responsibility State legal requirements | Past, present and future conduct Individual and collective responsibility Needs of all parties |
| Tools | Banishment Punishment Coercion | Reintegration Healing / support Trust / understanding |
| Procedure | Fixed Rules | Flexible guidelines |
| Results | Winners / losers | Finding common ground to maximize all interests |
Criminal Justice Restorative Justice
Adapted from: Piranis, 2003
Types and Degrees of Restorative Justice Practice
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Social Discipline Window
High Accountability, High Support
“Human beings are happier, more cooperative and productive, and more likely to make positive changes in their behavior when those in positions of authority do things with them, rather than to them or for them.”
Ted Wachtel, IIRP
Control, Limit-Setting,
Accountability
Support, Encouragement, Guidance
Low
High
High
WITH
restorative
TO
punitive
NOT
neglectful
For
permissive/enabling
Social Discipline Window, part of the theory of Restorative Justice set forth by Ted Wachtel,
Everyone with an authority role in society faces choices in deciding how to maintain social discipline:
Parents
Teachers
Employees
Justice professionals
-
Relied mostly on punishment
Here is a model that describes other social discipline approaches including Restorative Justice
-
-
two continuums: “control,” exercising
restraint or directing influence over others, and
“support,” nurturing, encouraging or assisting others.
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Mutually Exclusive Interests
Offender Interests
Community Interests
Victim Interests
Finding Common Ground
Offender
Community
Victim
Variety of Structures and practices used to support the creation of a restorative community.
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Restorative Community
Affective Language
Restorative Questions
Restorative Circle
Restorative Conference
Accountability Circle
Relational Practices in Classrooms and Across the community
Preventing and Building
Universal 100%
Restorative Conversation
Mini Conference Problem-solving Circles
Repairing and Reconnecting
Targeted as required
Restorative Conferencing
Restorative Mediation
Class Conference
Healing Circles
Intensive 1-5%
Can be Looked at as a pyramid representing the objectives of the restorative community and the tools used to meet those needs.
At the bottom, the base/ the foundation is buliding developing social and emotional capacity
Each level supports the level above.
Can see this also developmentally throughout the education system.
Elementary level is all about the bottom of the pyramid. If this doesn’t happen well, then you start to see the middle of the pyramid in late elementary/middle and then the top of the pyramid in high school if the foundation has not been put in place, and restoration interventions have happened.
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Repairing
Serious Harm
Managing Difficulties
and Disruptions
Developing Social and Emotional Capacity
Values Based Embedded
Visionary Relational
Affective language provides a structure for reinforcing desired behaviors and challenging/ redirecting unwanted behaviors.
It is the genuine expression of feelings, impacts and emotions in relation to specific behaviors and actions.
Affective Communication
Connection: how we behave, communicate, relate is the heart of restorative practices.
Every interaction is an opportunity to build positive relationship, model values. One building block, affective statements.
Larger Picture: The building block of a new relationship based in equality, respect, guidance, authenticity, honesty, connection leads to a restorative school culture.
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Affective Sentence Creation
When I see/hear: ___________________
(state the behavior)
I am feeling: __________________________
Because I need:________________________
And What I’d Like Is/I am going to ask you to: _____________________
(name the action)
Making effects more visible
It’s intentional, reflective
What do I want to say? How do I want to say it?
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Restorative Practices Continuum
Informal Formal
affective
statements
affective
questions
small impromptu
conference
group
or circle
formal
conference
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Relevancy to the Court
Juvenile Court
Pre / Post Adjudication
Probation Violations
Diversionary
Traditional Diversion Programs
In Lieu of / Informal Adjustments
Re Entry
Detention
IDJC
Adult Applications
Schools
Detour from School to Prison Pipeline
Other
Officer Interventions, Neighborhood Disputes
Court Benefits (what’s in it for Judges)
Sentencing Options
Competency Development / Accountability = Community Safety
Creative Options for cases that just don’t fit traditional court cases
Reduction in recidivism potential
Reduces court involvement
Increases Restitution
Victim Satisfaction
Intrinsic Value for Offenders
ELEMENTS OF A CIRCLE
Awareness Moment
Opening
Guidelines
Agreements
Check-in
Discussion Rounds
Check out
Closing
GUIDELINES
Respect the talking piece
Speak from the heart
Listen from the heart
Trust the process
Say what you need to say
| PUNITIVE | RESTORATIVE |
| SCHOOL RULES ARE BROKEN | |
| PUNITIVE | RESTORATIVE |
| SCHOOL RULES ARE BROKEN | PEOPLE AND RELATIONSHIPS ARE HARMED. |
| PUNITIVE | RESTORATIVE |
| SCHOOL RULES ARE BROKEN | PEOPLE AND RELATIONSHIPS ARE HARMED. |
| JUSTICE FOCUSES ON ESTABLISHING GUILT. | |
| PUNITIVE | RESTORATIVE |
| SCHOOL RULES ARE BROKEN | PEOPLE AND RELATIONSHIPS ARE HARMED. |
| JUSTICE FOCUSES ON ESTABLISHING GUILT. | JUSTICE IDENTIFIES NEEDS AND RESPONSIBILITIES. |
| PUNITIVE | RESTORATIVE |
| SCHOOL RULES ARE BROKEN | PEOPLE AND RELATIONSHIPS ARE HARMED. |
| JUSTICE FOCUSES ON ESTABLISHING GUILT. | JUSTICE IDENTIFIES NEEDS AND RESPONSIBILITIES. |
| ACCOUNTABILITY=PUNISHMENT | |
| PUNITIVE | RESTORATIVE |
| SCHOOL RULES ARE BROKEN | PEOPLE AND RELATIONSHIPS ARE HARMED. |
| JUSTICE FOCUSES ON ESTABLISHING GUILT. | JUSTICE IDENTIFIES NEEDS AND RESPONSIBILITIES. |
| ACCOUNTABILITY=PUNISHMENT | ACCOUNTABILITY= UNDERSTANDING IMPACT AND REPAIRING HARM. |
| PUNITIVE | RESTORATIVE |
| SCHOOL RULES ARE BROKEN | PEOPLE AND RELATIONSHIPS ARE HARMED. |
| JUSTICE FOCUSES ON ESTABLISHING GUILT. | JUSTICE IDENTIFIES NEEDS AND RESPONSIBILITIES. |
| ACCOUNTABILITY=PUNISHMENT | ACCOUNTABILITY= UNDERSTANDING IMPACT AND REPAIRING HARM. |
| JUSTICE DIRECTED AT OFFENDER, THE VICTIM IS IGNORED | |
| PUNITIVE | RESTORATIVE |
| SCHOOL RULES ARE BROKEN | PEOPLE AND RELATIONSHIPS ARE HARMED. |
| JUSTICE FOCUSES ON ESTABLISHING GUILT. | JUSTICE IDENTIFIES NEEDS AND RESPONSIBILITIES. |
| ACCOUNTABILITY=PUNISHMENT | ACCOUNTABILITY= UNDERSTANDING IMPACT AND REPAIRING HARM. |
| JUSTICE DIRECTED AT OFFENDER, THE VICTIM IS IGNORED | OFFENDER, VICTIM, SCHOOL (AND PARENTS) ALL HAVE DIRECT ROLES IN THE JUSTICE PROCESS |
Restorative Questions
Elicit reflection on an incident
Encourage understanding of the human impacts of our thoughts, words, and actions.
Bring awareness of needs that must be met in order to maintain positive relationship
Restorative Questions
From your perspective, what happened?
What were you thinking and feeling at the time?
Looking back, how do you feel about things now?
Who has been affected? In what ways?
What has been the hardest thing for you?
What needs to happen now to make things right?
What IS “Community”?
From: John Gardner, On Leadership
Geographically defined units (cities, towns)
Families and extended families
Religious congregations
Schools and colleges
Workplace
Union locals
Clubs, lodges, hobby groups
Professional groups
Political groups or parties
Voluntary groups, e.g., youth service organizations
Neighborhoods
Restorative Justice: Redefining the Government’s Role
Traditional Justice System
Restorative Justice System
(Justice Intervention)
(Justice Intervention)
Offender
Community
Victim
Offender
Services
Surveillance
Sanction
Facilitation
Community Building
NEW Values
NEW Stakeholders
New Decisionmaking Processes
NEW Performance Objectives
NEW Programs and Practices
NEW Staff Roles, Resource Allocation, and Management Approaches
What’s NEW about Restorative Justice?
“So we make mistakes – can you say – you (the current system) don’t make mistakes…if you don’t think you do, walk through our community, every family will have something to teach you…By getting involved, by all of us taking responsibility, it is not that we won’t make mistakes…
But we would be doing it together, as a community instead of having it done for us. We need to find peace within our lives…in our communities. We need to make real differences in the way people act and the way we treat others…Only if we empower them and support them can they break out of this trap…” ~ Rose Couch, Community Justice Coordinator
