Restorative Justice Processes

Duane Ruth-Heffelbower

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© 2003 Fresno Pacific University

For Criminal Justice and Child Dependency

Four Options for Handling Conflict

1.

2.

3.

4.Copyright 1996 Ron Claassen

I I

I IX

I IX

I I

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

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

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

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

Commitment toBe Constructive

(One Way)

Forgiveness(Two Way)

IsMutual Recognition

That

InjusticesAre

Recognized EquityIs

Restored

FutureIntentionsAre Clear

When Agreements Are Made and Kept,Trust Grows

©2002 Duane Ruth-Heffelbower, Center for Peacemaking & Conflict Studies. Adapted from Ron Claassen

UnconditionalPositive Regard

Peacemaking Model

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

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

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

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

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

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?

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

The Fresno Model 2

Schools use CJC as an option for responding to discipline problems

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

CJC Preliminary work

Who should be at the meeting getting ready

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

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.

Family Group Conference Method Summary

There are three basic models: New Zealand Australia (Wagga-Wagga) Fresno

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

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.

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