Presentation on theme: "Balanced and Restorative Justice Training Restorative Justice Foundations Module 1."— Presentation transcript:
Balanced and Restorative Justice Training Restorative Justice Foundations Module 1
BARJ Introductions Name Where you are from/organization Why you are here
BARJ Agenda Day One 1: Restorative Justice Foundations 2: Balanced and Restorative Approach Day Two 3: Developing Cultural Awareness 4: Role of Victims
BARJ Agenda Day Two 5: Offenders 6: Community Engagement Day Three 7: Sample Practices 8: Taking Vision to Where We Live and Work 9: Action Planning. Closing Remarks and Evaluation
BARJ Objectives Review agenda for this training event. Build a set of group values from personal values. Relate group values to restorative justice framework. Define restorative justice in your own words.
BARJ Restorative Justice … Is not a program. Is a mission or philosophical framework. Is a different way of responding to crime in communities and criminal justice systems.
BARJ Questions Currently Asked Who committed the crime? What laws were broken? How will we punish the offender? Restorative Justice views the crime through a different lens.
BARJ Van Ness Principles 1. If crime is more than lawbreaking, then: Justice requires that we work to heal victims, communities, and offenders who have been injured by crime.
BARJ Van Ness Principles 2. If crime is more than lawbreaking, then: Victims, communities and offenders should have opportunities for active involvement in the justice process as early and as fully as possible.
BARJ Van Ness Principles 3. If crime is more than lawbreaking, then: We must re-think the relative roles and responsibilities of the government and the community. Government is responsible for preserving a just order and the community for establishing a just peace.
BARJ Howard Zehr’s Questions What is the harm? What needs to be done to repair the harm? Who is responsible for this repair?
BARJ Howard Zehr’s Questions What is the harm? (Assessment) What needs to be done to repair the harm? (Case Plan) Who is responsible for this repair? (Roles and Responsibilities)
BARJ Barry Stuart “Crime should never be the sole or even primary business of the state, if real differences are sought in the well-being of individuals, families, and communities. The structure, procedures, and evidentiary rules of the formal criminal justice process coupled with most justice officials’ lack of knowledge and connection to (the parties) affected by crime preclude the state from acting alone to achieve transformative change.”
BARJ Additional Resources At the end of each module For reference or later use
Balanced and Restorative Justice Training Balanced and Restorative Approach Module 2
BARJ Objectives Describe how restorative justice balances the three basic community expectations: community safety, accountability and competency development; Explain how balanced and restorative justice practices increase community safety; Describe how restorative accountability differs from the traditional concept of accountability in juvenile justice; and Describe restorative justice competency development.
BARJ What is the Balanced Approach? Restorative justice = value framework or vision. The balanced approach = concrete application of restorative justice principles to practice. The balanced approach mission = a blueprint for putting restorative justice vision into practice in juvenile justice systems.
BARJ Community Safety Accountability Competency Development The Balanced Approach
BARJ The Balanced Approach Mission Stakeholders Victims Juvenile offenders Community Goals Accountability Competency development Community safety Values Offense occurs, obligation incurs Offenders exit more capable JJ must protect public fromJJ youth
BARJ Stakeholders Exercise Read the court report and your scenario. Answer the Part I questions. Meet with others to review Part I questions and answer Part II. Keep in mind the perspective of the person whose information you read.
BARJ Restorative Accountability Exercise Individually read the scenario. Individually answer the questions. Discuss the answers with the whole class.
BARJ Accountability Taking direct responsibility Taking action to make amends Allowing communities and victims to actively determine sanctions Encouraging the offender to feel an obligation to the victims Permitting the victims and the community to set community standards for behavior and consequences Not using punishment Not being responsible to abstract institution
BARJ Competency Is a skill that is valued by others Is more than an absence of bad behavior Is functioning in a meaningful, positive way Leaves youth stronger in character, more connected to community, remorseful, and empathic Is recognizing one’s potential Makes caring individuals Comes from opportunities to lead, belong, mentor, contribute, form relationships, make choices, develop transferable skills
BARJ Public Safety Increases When… Offenders monitored & develop internal controls Community prevents crime, resolves conflict and reduces fear Community justice is problem-oriented Offender time under supervision is structured Non-parent adults help monitor offenders Partnerships develop for community police JJ professionals are resources to schools, groups Locked facilities only for youth unsuccessful at being accountable to victims & communities There is a continuum of alternative sanctions
BARJ Restorative Case Plan Activity Read scenario. With small group, develop 2 appropriate supervision plan tasks for each goal (accountability, competency development, public safety). Be prepared to share your task with the group.
Balanced and Restorative Justice Training Developing Cultural Awareness Module 3
BARJ Objectives Define culture; Acknowledge the widely diverse cultures in your communities; Explain how a lack of cultural competence contributes to minority overrepresentation; Reinforce how universally shared values cross cultural boundaries; and Demonstrate how the universal values of restorative justice can help to develop cultural competence.
BARJ Culture What is it? How is it expressed? How many cultures are in your community? What cultures do you identify with?
BARJ One County’s Minority Overrepresentation Issues County (ages 11-17) 33% 58% 65% 69% 79% Referred for Judicial Handling Committed to Programs Placed in Detention Transferred to Adult Court Of youth in the category, the % that are black
BARJ Contributing Factors From all four areas: Justice System Socioeconomic Conditions The Family Educational System
BARJ Potential for Improvement By increasing your own ability to work effectively with people who are different from you (cultural competence); By increasing cultural competence of the people with whom you work; and By increasing minority access and involvement at all levels
BARJ Activity 3.3 Work in a medium-sized group to discuss: What practices in the current system may impact disproportionately on youth in communities of color, resulting in this overrepresentation? In what ways might practices based upon restorative justice values change that?
Balanced and Restorative Justice Training The Role of Victims in Restorative Justice Module 4
BARJ Objectives Describe rights & responsibilities of victims of crime; Understand the physical, emotional psychological and financial impact of crime on victims; Understand immediate, short-term and long-term effects of crime on victims; Understand potential needs of victims; and Describe a variety of ways to meet needs of victims.
BARJ Victims’ Needs Activity Read the scenario. Answer the questions: Describe your feelings about what has happened to you. How do you think others will react to you? What do you want or need from law enforcement and the justice system? How might this, change your behavior?
BARJ To have people recognize how much trauma they have been through; to express that and to have it expressed to them; To find out what kind of person could have done such a thing and why it was done to them; To hear that the offender is sincerely sorry or that someone is sorry on his or her behalf. Needs/Wants of Victims
BARJ To be heard; To have their needs met; To participate in own healing; To participate in justice process; To receive assistance, compensation, information, services; To receive reparation from offender. Needs/Wants of Victims
BARJ To give input at all points in the system; To help decide how the offender repairs the harm; To speak directly with the offender, if victim desires, to let them know how the crime affected their life, and to learn more about the offender and crime. Needs/Wants of Victims
BARJ Responsibilities of Victims To participate in the justice process, at some point; To report violations to the proper authorities; To support legal change to improve how justice is done in the future; To participate in community crime prevention activities; To participate in administration of justice as a witness, juror, and volunteer.
BARJ Physical Trauma to body Bruises Broken bones Cuts Black eyes Tremors/shaking Fatigue Ulcer Stomach pains/aches Loss of life Pregnancy Sexually transmitted diseases
BARJ Psychological Paranoia of others or of being alone Social isolation Intimidation by others Crying outbursts Inability to sleep Inability to feel clean and need to bathe or wash many times Depression Wanting to die Nightmares Difficulty having normal sexual relationship
BARJ Financial Personal out-of pocket expenses Loss of wages/inability to work/job loss Insurance deductibles Law enforcement costs Prosecution/trial costs Costs of jails, camps, institutions, prisons, and community programs Medical costs Funeral costs
Balanced and Restorative Justice Training Offenders Module 5
BARJ Objectives Describe an approach to reintegration of juveniles based on relationships; Explain the changing role of offender from villain/victim to resource to their families and communities; and Build skills and connections based upon that changing role.
BARJ Restorative Offender Outcomes Intervention goals directed at meeting the needs of the victim and community. Demonstrate competency. Document offender accountability. Show an increase in public safety.
BARJ Victim Lens Dysfunctional Mentally ill Abused Damaged, diseased Ignored, neglected Victim of “systems” Learning disabled Sick, incapable, weak Cultural issues seen as illness Vulnerable, inevitably victimized over and over again Will inevitably fall back into old patterns Dependent –needing to heal –needing intensive therapy Broken, but repairable Lost, without direction
BARJ Villain Lens Evil, bad seed Predatory Without conscience Highly intelligent Selfish, arrogant, manipulator Untrustworthy, unreachable Therapy/treatment is a waste of time Resistant and defiant Dangerous Not interested in changing Conduct disordered – also paranoid, etc. Needs to be controlled and contained Fundamentally different Cultural dynamics misinterpreted
BARJ Resource Lens Focus is on pro-social skills. With assistance, youth and their families can become resources in and to their communities. Differential balance and interplay of all three lenses predicts the best outcome. Villain & victim lenses carry their own truths, but are inadequate to produce youth who leave the system with more pro-social skills than when they came to it.
BARJ Values and Assumptions Offenders have something of value to contribute. Offenders who take responsibility for their behavior earn our assistance and recognition. Offenders are capable of making up for their delinquent acts in most cases. Offenders have an obligation to their direct victims and community. Offenders need to become more competent individual members of the community.
BARJ New Roles for Offenders Take responsibility for delinquent acts Meet with victims and victimized community Participate in designing a plan to repair harm and to develop competencies Service provider, not just service recipient Citizen
Balanced and Restorative Justice Training COMMUNITY Module 6
BARJ Objectives Identify the personal relationship of the participants to the community in which they work and live; Describe the relationship between a community and crime; Identify the primary roles of the community in restorative justice; Identify the elements of the community- based restorative project; and Determine the stage of relationship of a community partnership.
BARJ Community A group of people with a shared interest
BARJ Community of Place Crime generally affects those living in the surrounding geographic area. In those communities most impacted by crime, many residents do not have a lot of mobility. The process of raising children is heavily influenced by the place in which they are raised. For most people, the sense of safety is related to place.
BARJ Cycle of Fear Weakened com- munity fabric Crime More crime Fear Isolation Generalized distrust
BARJ Results of State Involvement Professionalized conflict resolution -Conflicts belong to the state -Lawyer representation -Victims isolated -Offender and system focused Disempowered citizens -Isolated and depersonalized -Decreased understanding of impact on others -Making some conflicts invisible
BARJ Mutual responsibility... between individual and community is the loom on which the fabric of community is woven
BARJ What the Community Needs: The community needs and expects: Crime to be sanctioned. Juvenile offenders to be rehabilitated and reintegrated. The community to be protected. The balanced approach mission provides goals and objectives and priorities for practice aimed at meeting these needs and expectations.
BARJ Cycle of Hope Stronger community fabric Crime Prevention Process which builds community More connections Sense of hope
BARJ Community Roles Policy development Supporting victims Determining the terms of accountability Implementing the terms of accountability Staying in relationship with offenders who are in custody
BARJ Stages of Relationships of Partnerships 1.Justice system operates separately from the community 2.Justice system provides information to the community about its relationships 3.Justice system provides information to the community and asks for information 4.Justice system asks for guidance in doing its work, recognizes need for help, and places more activities in the community 5.Justice system follows community leadership
Balanced and Restorative Justice Training Sample Practices Module 7
BARJ Objectives Describe a wide variety of programmatic applications of restorative justice principles, including: Community Service Reparative Boards Victim Impact Classes/Panels Victim Offender Mediated Dialogue Restitution Circle Sentencing Family, Group, or Community Conferencing Letters of Apology
BARJ Sample Practices Circle Sentencing Community Service Work Family Group Conferencing Community Reparation Boards Victim Impact Classes/Panels Victim/Offender Mediated Dialogue
BARJ RJ Practices at a Glance Victim Impact Panels/Classes Letters of Apology Community Service Restitution Family Group Conferencing Victim/Offender Mediation Reparation Boards CONFERENCING MODELS Circle Sentencing
Balanced and Restorative Justice Training Taking the Vision to Places Where We Live and Work Module 8
BARJ Objectives Determine how restorative justice values can be applied to other contexts; Describe ways to operationalize these values in other contexts; Understand the need to manage change in an organization. Identify skills and strategies needed to help a group move in more restorative directions; and Explain how internal personal work supports external change.
BARJ Activity 8.1 Brainstorm a list of settings where people interact with each other ….where person-to- person relationships are important. Review Restorative Justice values from Module 1 and relate them to the settings above.
BARJ Activity 8.2 What would a restorative _________ look like? What restorative practices or processes could be an effective part of how this group functions? What would be the first steps to take to help move a __________ toward a more restorative way of work? Who would be involved?
BARJ Organizational Culture Set of basic assumptions which members of a group invent to solve the basic problems of: 1)physical survival in the external environment (adaptation); and 2)social survival in the internal environment (internal integration). Schien
BARJ Culture allows employees, students, members to … Feel comfortable; Establish meaningful relationships; Understand what it takes to be successful; Enjoy competence.
BARJ Components of Organizational Culture Artifacts Values Basic Assumptions
BARJ Personal Introspection As important as the organizational culture is, internal culture is even more vital. Taking time to listen to one’s own mind and heart are very important.
BARJ Change as an Evolution “ It is not the strongest of the species that survive, nor the most intelligent, but the ones most responsive to change.” Charles Darwin
BARJ Janssen’s Four Room Apartment CONTENTMENTRENEWAL DENIALCONFUSION
BARJ Readiness for Change Audit Which stage is your organization ? Contentment Renewal Denial Confusion
BARJ Assumptions Underlying Change Change is a process, not an event Change is by individuals first Change is a highly personal experience Change entails multilevel development and growth
BARJ Assumptions Underlying Change Change must be presented in concrete and practical terms. Change facilitators should approach individuals systematically. The real meaning of any change is the human component.
Balanced and Restorative Justice Training First Steps in Strategic Action Planning Module 9
BARJ Section Nine Purpose The purpose of this section is to assist participants to develop the first steps of a plan of action.
BARJ Objectives Assess your local jurisdiction’s progress/readiness to move toward a restorative framework or model. Identify a priority goal for your local jurisdiction/organization and determine first actions toward achieving this goal. Select appropriate participants for the action planning process and describe the potential benefits/losses to each of the participants.
BARJ Objectives Determine the impact of stakeholders on proposed changes in your jurisdiction and the extent to which these stakeholders will aid or impede the process. Implement first step actions within an agreed upon time frame, and continue action plan process with key stakeholders in your jurisdiction.
BARJ Strategic Planning Overview System Analysis First Steps Action Planning Stakeholder Identification and Analysis
BARJ Action Planning Areas First Directions - Initial Goals/Action Steps Who Are the Stakeholders Potential Benefit or Loss to Stakeholders How Will Each of the Stakeholders Be Involved in Planning Communication Mechanisms Complementary Collaboration