Balanced and Restorative Justice Training Restorative Justice Foundations Module 1.

Balanced and Restorative Justice Training

Restorative Justice Foundations

Module 1

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Introductions

• Name• Where you are from/organization• Why you are here

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Agenda

Day One

1: Restorative Justice Foundations

2: Balanced and Restorative Approach

Day Two

3: Developing Cultural Awareness

4: Role of Victims

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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

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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.

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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.

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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.

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Crime is a wound

Justice should be healing

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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.

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Van Ness Principles


• Victims, communities and offenders should have opportunities for active involvement in the justice process as early and as fully as possible.

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Van Ness Principles


• 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.

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Howard Zehr’s Questions

• What is the harm?

• What needs to be done to repair the harm?

• Who is responsible for this repair?

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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)

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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.”

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Additional Resources

• At the end of each module• For reference or later use


Balanced and Restorative Approach

Module 2

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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.

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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.

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CommunitySafety

Accountability

Competency Development

The Balanced Approach

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The Balanced Approach Mission

Stakeholders

Victims

Juvenile offenders

Community

Goals

Accountability

Competency development

Communitysafety

Values

Offense occurs, obligation incurs

Offenders exit more capable

JJ must protect public from JJ youth

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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.

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Restorative Accountability Exercise

• Individually read the scenario.• Individually answer the questions.• Discuss the answers with the whole class.

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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

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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

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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

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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.


Developing Cultural Awareness

Module 3

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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.

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Culture

• What is it?• How is it expressed?• How many cultures are in your community?• What cultures do you identify with?

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Our Cultures

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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

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Contributing Factors

From all four areas:

• Justice System• Socioeconomic Conditions• The Family• Educational System

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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

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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?


The Role of Victims in Restorative Justice

Module 4

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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.

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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?

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• 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

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• 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.


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• 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.


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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.

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Physical

• Trauma to body• Bruises• Broken bones• Cuts• Black eyes• Tremors/shaking• Fatigue• Ulcer

• Stomach pains/aches

• Loss of life• Pregnancy• Sexually transmitted

diseases

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Emotional

• Fear• Anger• Hopelessness• Helplessness• Insecurity• Sadness• Guilt

• Shame• Embarrassment• Confusion• Depression• Suicidal feelings• Vulnerability• Powerlessness

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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

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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


Offenders

Module 5

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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.

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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.

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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

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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

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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.

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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.

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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


COMMUNITY

Module 6

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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.

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Community

A group of people with a shared interest

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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.

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Cycle of Fear

Weakenedcom- munity fabric

Crime

More crime

Fear

IsolationGeneralizeddistrust

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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

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Mutual responsibility . . .

between individual and community

is the loom on which the fabric of community is woven

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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 providesgoals and objectives and priorities for practiceaimed at meeting these needs andexpectations.

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Cycle of Hope

Strongercommunity fabric

Crime

Prevention Process which

builds community

More connections

Sense ofhope

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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

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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


Sample Practices

Module 7

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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

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Sample Practices

• Circle Sentencing

• Community Service Work

• Family Group Conferencing

• Community Reparation Boards

• Victim Impact Classes/Panels

• Victim/Offender Mediated Dialogue

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RJ Practices at a GlanceVictim Impact

Panels/Classes

Letters of Apology

Community Service

Restitution

Family Group Conferencing

Victim/OffenderMediation

Reparation Boards

CONFERENCING MODELS

Circle Sentencing


Taking the Vision to Places Where We Live and Work

Module 8

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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.

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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.

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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?

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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).

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Culture allows employees, students, members to …

• Feel comfortable;• Establish meaningful relationships;• Understand what it takes to be successful;• Enjoy competence.

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Components of Organizational Culture

• Artifacts • Values • Basic Assumptions

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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.

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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

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Janssen’s Four Room Apartment

CONTENTMENT RENEWAL

DENIAL CONFUSION

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Readiness for Change Audit

• Which stage is your organization ? Contentment

Renewal

Denial

Confusion

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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

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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.


First Steps in

Strategic Action Planning

Module 9

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Section Nine Purpose

• The purpose of this section is to assist participants to develop the first steps of a plan of action.

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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.

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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.

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Strategic Planning Overview

• System Analysis

• First Steps Action Planning

• Stakeholder Identification and Analysis

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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

Balanced and Restorative Justice Training Restorative Justice Foundations Module 1.

Documents

Transcript of Balanced and Restorative Justice Training Restorative Justice Foundations Module 1.