Restorative Justice Systems 1.

Victim-Offender Mediation VOMs involve a meeting between the victim and offender facilitated by a trained mediator. With the assistance of the mediator, the victim and offender begin to resolve the conflict and to construct their own approach to achieving justice in the face of thier particular crime

2.

Victim-Offender Mediation

VOMs involve a meeting between the victim and offender facilitated by a trained mediator. With the assistance of the mediator, the victim and offender begin to resolve the conflict and to construct their own approach to achieving justice in the face of thier particular crime 3. Circles As with the restorative processes of mediation and conferencing, circles provide a space for encounter between the victim and the offender, but it moves beyond that to involve the community in the decision ma ing process. !epending on the model being used, the community participants may range from justice system personnel to anyone in the community concerned about the crime. "veryone present, the victim, victim#s family, the offender, offender#s family, and community representatives are given a voice in the proceedings. $articipants typically spea as they pass a %tal ing peace% around the circle 4. Victim Assistance Victim assistance programmes provide services to victims as they recover from the crime and proceed through the criminal justice process. Attempts to meet victims# needs have been forged on two fronts& victims# rights advocates lobby for and assert the rights of victims to have a primary role in the administration of justice '(armen, )**+,, while community support groups attempt to address the personal crises that may follow from victimi-ation

5.

E -Offender Assistance

.wo e/amples of prisoner assistance programmes are the Alternatives to Violence project 'AV$, and the !etroit .ransition of $risoners '.O$,. .he AV$ consists of wor shops which focus on building community and trust while developing communication and conflict-resolution s ills in prisoners '0uc er, )**) at )12,. .O$ consists of a church-based, non-residential aftercare programme providing accountability for e/-prisoners. !. Restitution 0estitution proactively involves the victim and offender in repariing the harm done to the victim 'Weite amp, )**+ at 3+,. 4nli e retributive responses to crime, restitution has the potential to repair the financial and perhaps relational harms that crime has left in its aftermath '5a er, )**6 at 1)-12,. 0estitution may be preferable because instead of simply increasing the total amount of harm suffered by interested parties, restitution aims at repairing the victim, and ma ing the offender a productive person

7.

Community Service

.he typical order of community service re7uires the offender to perform between and fifty and two hundred hours of wor . 8ince the offender will be wor ing with a public business, careful screening ta es place to assure the public#s safety. 9or the most part, non-violent offenders are chosen for the programme. ". Victim-offender mediation Victim-offender mediation programmes 'also nown as victim-offender reconciliation programmes, were among the earliest restorative justice initiatives. .hese programmes are designed to address the needs of crime victims while insuring that offenders are held accountable for their offending. .he programmes can be operated by both governmental agencies and not-for-profit organi-ations and are generally restricted to cases involving less serious offences. 0eferrals may come from the police, the prosecutors, the courts and probation offices. .he programmes can operate at the pre- charge, the post-charge:pre-trial and post-charge stages, and involve the willing participation of the victim and the offender. .he programmes can also offer a pre-sentencing process leading to sentencing recommenda- tions. When the process ta es place before sentencing, the outcome of the mediation usually is brought bac to the attention of the prosecution or the judge for consideration. .he victimoffender mediation process can also be used successfully during the offender;s incarceration and can become part of his or her rehabilitation process even in the case of offenders serving long sentences. .he mediation process is more li ely to fully meet its objectives if the victims and offenders meet face-to-face, can e/press their feelings directly to each other, and develop a new understanding of the situation. With the help of a trained facilitator, they can reach an agreement that will help them both bring closure to the incident. <n fact, the facilitator usually meets with both parties in advance of a face-to-face meeting and can help them prepare for that occasion. .his is done to ensure, among other things, that the victim is not re-victimi-ed by the encounter with the offender and that the offender ac nowledges responsibility for the incident and is sincere in wanting to meet the victim. When a direct contact between the victim and offender is possible, it is not uncommon for one or both of them to be accompanied by a friend or supporter. .he latter, however, do not always participate in the discussion. 9inally, notwithstanding the merits of a facilitated face-to-face meeting, direct contact between the victim and offender is not always possible or desired by the victim. <ndirect mediation processes where the facilitator meets with the parties successively and separately are therefore also widely used. .here are three basic re7uirements that must be met before victim-offender mediation can be used& .he offender must accept or not deny responsibility for the crime= 5oth the victim and the offender must be willing to participate= 5oth the victim and the offender must consider it safe to be involved in the process. <n victim-offender mediation, the crime victims are often referred, as needed, for help and assistance and are given ma/imum input into the sanction or the shaping of a resolution or a restorative agreement. .hey are also allowed to tell the offender how the crime has affected them and to re7uest information about the crime. .he mediation process, to the greatest e/tent possible, leads to reparation and some form of compensation for the victims; losses. .he mediation process does not always involve direct contact between the offender and the victim. When there is a direct contact, the victim is often invited to spea first during the mediation as a form of empowerment. .he mediator assists the two parties in arriving at an agreement that addresses the needs of both parties and provides a resolution to the conflict. When the process occurs prior to sentencing, a conciliation agreement mediated between the offender and the victim can be forwarded to the court and may be included in the sentence or in the conditions of a probation order. #. Community and family $rou% conferencin$

"ach conferencing process has a convenor or facilitator. .he focus of the conferencing process is somewhat broader than that of regular mediation programmes. <t involves bringing together the family and friends of both the victim and the offender, and sometimes also other members of the community to participate in a professionally facilitated process to identify desirable outcomes for the parties, address the conse7uences of the crime and e/plore appropriate ways to prevent the offending behaviour from reoccurring. .he mandate of family group conferencing is to confront the offender with the conse7uences of the crime, develop a reparative plan, and in more serious cases 'in the >ew ?ealand model,, determine the need for more restrictive supervision and:or custody. @ommunity conferencing is also used sometimes as alternative measure programme to which an offender can be diverted from the criminal justice system. 8uch programmes tend to be managed by community groups or agencies, with or without financial support from the government. .he circle usually consists of those most concerned about the offender and the victim and any other member of the community with an interest in the process 'e.g. a school teacher in the case of a young offender, or an employer,. .he agency or community group to which the offender is referred is also responsible for monitoring the offender;s compliance with the terms of the agreement and may or may not function under the direct oversight of law enforcement or justice officials. 1&. Circle sentencin$ 8entencing circles are conducted in many aboriginal communities in @anada. <n circle sentencing all of the participants, including the judge, defence counsel, prosecutor, police officer, the victim and the offender and their respective families, and community residents, sit facing one another in a circle. @ircle sentencing is generally only available to those offenders who plead guilty. !iscussions among those in the circle are designed to reach a consensus about the best way to resolve the conflict and dispose of the case, ta ing into account the need to protect the community, the needs of the victims, and the rehabilitation and punishment of the offender. .he sentencing circle process is typically conducted within the criminal justice process, includes justice professionals and supports the sentencing process. @ircle sentencing is perhaps the best e/ample of participatory justice inthat members of the community can become directly involved in responding to incidents of crime and social disorder. .his is done through the formation of a @ommunity Austice @ommittee '@A@, that may also include representatives from justice agencies. .he common objective of the members of the @A@ is to find more constructive ways to respond to conflict in their community. .he @A@ plays an integral role in the overall circle process, including liaising with criminal justice agencies, community organi-ations as well as with the various sta eholder groups in the community. @ases are referred to the @A@, generally from the police, prosecutors and judges, although cases may also come from the schools, victim services programmes and families. .here are four stages to the circle process& 8tage )& !etermining whether the specific case is suitable for a circle process 8tage +& $reparing the parties that will be involved in the circle 8tage 2& 8ee ing a consensual agreement in the circle 8tage 6& $roviding follow-up and ensuring the offender adheres to the agreement .he @A@ is involved throughout the circle process, from determining the suitability of a case to ensuring that agreements are adhered to. .he @A@ also mobili-es community support for the victim and the offender throughout, and following the circle process. .he outcome of the circle is generally submitted to the judge, who may or may not have participated directly in the circle, and is not binding on the court. .he court ta es the plan developed through the circle very seriously, but it does not necessarily adopt or ratify it completely. .he court may also adopt the plan in addition to another sentence that it may order. Offenders who have their cases heard in a sentencing circle may still be sent for a period of incarceration= however, there are a wide range of

other sanctions available, including restitution and compensation, probation, house arrest and community service. 11. 'out( Offenders )anels <n "ngland and Wales, a widely-used method which has some restorative features is the Breferral orderC. Doung offenders, aged )E-)1, appearing in court for the first times are referred to youth offender panels 'unless their offence is so serious as to re7uire custody,. A panel consists of two trained members of the community, one of whom acts as the chairperson and one professional. .he panels are attended by the young person and a parent or guardian. .he victim, if any, and a person who may have a good influence on the young person may also be invited. .he panel decides on an action plan through which the young person can ma e reparation and address his or her problems. <t meets again at the end of the order to assess progress. .he level of involvement of the victims is, however, dependent on the way in which the process is e/plained to them, and so far, it has been low. Doung persons who offend again may be given a reparation order. .he victim may be invited to meet the offender to e/press his or her feelings about the offence and consider what form reparation should ta e, but the decision remains with the court. 1*. O fords(ire 'out( Offendin$ +eam ,'O+.he O/fordshire DO. aims to consult each victim in every case offering an opportunity for contact with the young offender, or the chance to decide the focus of their reparation= and the DO. aims for reparation to form part of every young offender;s sentence. Victims who do not want to meet the young offender or receive reparation can choose from a boo let which local reparative project they want the offender to participate in. Acting as mentors to young offenders, the role of supervisors in crucial. Fuidance is tailored to the offender;s individual needs, ta ing the young person away from their friends and peer influence. An especially positive element of the DO. scheme is its emphasis on ma ing reparation visible to the public. <n see ing to engage the community, the DO. distributes a reparation newsletter to interested professionals and holds public meetings to celebrate achievements. 13. Victim .m%act )ro$ram ,V.).he goal of the V<$ is to provide a timely, sensitive, and victim-focused response to all victims of juvenile crime. .he V<$ coordinator reaches out to all victims in 9lathead @ounty to provide support, resources and the opportunity to participate in a VO@ with the offender. 14. Community Accounta/ility 0oard ,CA0.he @A5 is an alternative-sentencing option in which youth offenders meet in person with a 2 to 6 member community volunteer board to discuss the connections between their behavior and its impact on themselves and others. 11. Victim Offender Conferencin$ ,VOCVO@ is a voluntary process in which victims and juvenile offenders sit down together in a safe environment alongside trained and neutral facilitators to discuss the circumstances and impacts of an offense and to arrive at meaningful ways to repair the harm that was caused. 1!. 2ru$ 3 Alco(ol Accounta/ility )ro$ram ,2AA)!AA$ is designed to provide youth offenders with an interactive group dialogue, including peers and parents surrounding drug or alcohol related offenses. .he program allows for greater depth in

understanding of the circumstances relating to an offense, and creates opportunities for youth to discuss the impact of the offense and ways to move forward. )1. 'out( Connections Restorative Community Service ,'CDouth @onnections believes that youth can be held accountable while participating in enriching opportunities for community service that combine critical thin ing, civic responsibility, and competency development. <n this way, youths envision and establish themselves as necessary and valued community members. 1". +(eft .m%act Circle ,+.C.<@ aims to teach youth that stealing is a serious problem with long reaching affects many peopleincluding themselves, their families, businesses and the great community. .he program utili-es principles of restorative justice to provide meaningful and achievable opportunities for youth to consider and address harms caused by their offense and to move forward in a positive way. 1#. Community Justice Circle <s a face-to-face meeting between the victim and young person and relevant support and:or community people. <t ta es place in a circle-shaped forum and focuses on repairing the harm caused by the crime, rather than punishment. "veryone present has the opportunity to voice what happened, what led up to the incident and how it affected them. A neutral facilitator guides them in discussing these issues, and in the process of developing a fair and reasonable written agreement in response to the incident. *&. Restorative Resolution Meetin$ <s similar to a @ommunity Austice @ircle but is held with the young person and his:her guardians. .he young person attends a meeting with community volunteers where the issues related to the offence are discussed and a fair and reasonable agreement is reached. *1. Re+(in4in$ 2rin4in$ .he 0e.hin ing !rin ing '0!, $rogram addresses underage drin ing through a combination of restorative justice and alcohol education. Douth are referred to the program by law enforcement when they encounter the youth in violation of alcohol offenses. <n lieu of criminal charges, first-time offenders are given the opportunity to avoid court involvement on the offense if they successfully complete all program re7uirements. $arent participation is re7uired in a five hour class that is held as a restorative justice circle. At the conclusion of the sessions, each youth participant establishes an agreement to complete three to five items that will repair the harm or impact of their offense. 8uccessful completion of the 0e.hin ing !rin ing $rogram is dependent on each participant#s compliance and completion of all program re7uirements. .he 0! $rogram is designed for first-time offenders. **. C(ance 4 C(an$e .he @hance 6 @hange '@6@, $rogram is based on the 0e.hin ing !rin ing model to address marijuana and paraphernalia possession offenses. Douth are referred to the program by law enforcement, schools and parents. .he @hance 6 @hange $rogram uses the restorative justice circle model with alcohol and drug education. Douth are given the opportunity to avoid court involvement for the offense if they successfully complete all program re7uirements. <n addition to the re7uirements listed for the 0e.hin ing !rin ing program, @6@ participants must also obtain a substance abuse evaluation and comply with all recommendations.

http&::surrey.rcmpgrc.gc.ca:View$age.actionGsite>ode<dH)636Ilanguage<dH)Icontent<dH+2JE http&::www.pfi.org:issues:restorative-justice http&::www.unodc.org:pdf:criminalKjustice:EL-JL+*EK"boo .pdf http&::www.efr.org:community:restorative-justice http&::www.restorativeyouthjustice.org:programs