Balanced and Restorative Justice Training Restorative Justice Foundations Module 1 Introductions • Name • Where you are from/organization • Why you are here BARJ.
Download ReportTranscript Balanced and Restorative Justice Training Restorative Justice Foundations Module 1 Introductions • Name • Where you are from/organization • Why you are here BARJ.
Balanced and Restorative Justice Training Restorative Justice Foundations Module 1 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 Crime is a wound Justice should be healing 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 BARJ Balanced and Restorative Justice Training Balanced and Restorative Approach Module 2 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 The Balanced Approach Community Safety Accountability BARJ Competency Development The Balanced Approach Mission Stakeholders Victims Juvenile offenders Community BARJ Goals Values Accountability Offense occurs, obligation incurs Competency development Offenders exit more capable Community safety JJ must protect public from JJ youth 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. BARJ Balanced and Restorative Justice Training Developing Cultural Awareness Module 3 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 • • • • BARJ What is it? How is it expressed? How many cultures are in your community? What cultures do you identify with? Our Cultures BARJ One County’s Minority Overrepresentation Issues Of youth in the category, the % that are black County (ages 11-17) 33% Referred for Judicial Handling 58% Committed to Programs Placed in Detention Transferred to Adult Court BARJ 65% 69% 79% Contributing Factors From all four areas: • • • • BARJ Justice System Socioeconomic Conditions The Family Educational System 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? BARJ Balanced and Restorative Justice Training The Role of Victims in Restorative Justice Module 4 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 Needs/Wants of Victims • 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. BARJ Needs/Wants of Victims • 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. BARJ Needs/Wants of Victims • 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. 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 • • • • • • • • BARJ Trauma to body Bruises Broken bones Cuts Black eyes Tremors/shaking Fatigue Ulcer • Stomach pains/aches • Loss of life • Pregnancy • Sexually transmitted diseases Emotional • • • • • • • BARJ Fear Anger Hopelessness Helplessness Insecurity Sadness Guilt • • • • • • • Shame Embarrassment Confusion Depression Suicidal feelings Vulnerability Powerlessness Psychological • Paranoia of others or of being alone • Social isolation • Intimidation by others • Crying outbursts • Inability to sleep BARJ • Inability to feel clean and need to bathe or wash many times • Depression • Wanting to die • Nightmares • Difficulty having normal sexual relationship 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 BARJ Balanced and Restorative Justice Training Offenders Module 5 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 BARJ 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 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 BARJ Dangerous Not interested in changing Conduct disordered – also paranoid, etc. Needs to be controlled and contained Fundamentally different Cultural dynamics misinterpreted 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 BARJ Balanced and Restorative Justice Training COMMUNITY Module 6 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 Crime More crime Weakened community fabric Generalized distrust BARJ Fear Isolation 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 Crime Prevention Stronger community fabric Process which builds community More connections Sense of hope BARJ Community Roles • • • • • BARJ Policy development Supporting victims Determining the terms of accountability Implementing the terms of accountability Staying in relationship with offenders who are in custody 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 BARJ Balanced and Restorative Justice Training Sample Practices Module 7 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 Restitution Circle Sentencing Victim/Offender Mediation CONFERENCING MODELS Family Group Conferencing BARJ Letters of Apology Reparation Boards Community Service Balanced and Restorative Justice Training Taking the Vision to Places Where We Live and Work Module 8 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-toperson 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 … • • • • BARJ Feel comfortable; Establish meaningful relationships; Understand what it takes to be successful; Enjoy competence. 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 BARJ CONTENTMENT RENEWAL DENIAL CONFUSION 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. BARJ Balanced and Restorative Justice Training First Steps in Strategic Action Planning Module 9 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 BARJ