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Universität Hamburg
Restorative Justice 01/2009
Restorative =
1. Having the power to restore.
2. To give back something taken away.
3. To bring back to a former condition - as by repairing or rebuilding.
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Universität Hamburg
Restorative Justice 01/2009
Contents
1. Beyond Punishment
2. Origins
3. Principles
4. Practice
5. Problems
6. Evaluation
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Universität Hamburg
Restorative Justice 01/2009
1. Beyond Punishment
RJ is a philosophy and a method that balances the needs of the victims, the offender, and the community to repair the harm caused by a criminal offense.
RJ• makes offenders acknowledge the impact
of what they have done • gives offenders opportunity to make
reparation• offers victims the opportunity to have their
situation acknowledged and amends made.
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Universität Hamburg
Restorative Justice 01/2009
Questions of the Criminal Justice System
Who did it?
What laws were broken?
How shall we punish the offender?
Questions of Restorative Justice
What is the harm?
What needs to be done to repair the harm?
Who is responsible for the repair? 5
1. Beyond Punishment
Universität Hamburg
Restorative Justice 01/2009
Different Questions
Criminal Justice
• What laws have been broken?
• Who did it?• What do they
deserve?
Restorative Justice
• Who has been hurt?• What are their
needs?• Whose obligations
are these?
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Universität Hamburg
Restorative Justice 01/2009
Communities
Of Interest
Of Care
Circles
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1. Beyond Punishment
Universität Hamburg
Restorative Justice 01/2009
Conferencing
Conferencing includes the offender, the victim, the offender’s
supporters and the victim’s supporters, together with a
facilitator, but not normally professionals - NOT the same as
family group conferencing
• The offender will explain how the offence happened• The victim will say the effects of the offence on them, as
will the victim’s supporters and the offender’s supporters• The conference will then turn to what could be done in
the future to improve things
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1. Beyond Punishment
Universität Hamburg
Restorative Justice 01/2009
Mediation
Direct mediation: just the offender and the
victim with a facilitator
Indirect mediation (shuttle mediation): where
the facilitator passes information between the
offender and victim, but there is no meeting.
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1. Beyond Punishment
Universität Hamburg
Restorative Justice 01/2009
Aboriginal Justice (Maori, Navajo ...)
Faith Communities (Mennonites …)
Prison Abolition Movement (ICOPA …)
Criminology (Critique of Criminal Justice;
Teubner‘s Trilemma, Search for
Alternatives: Braithwaite …)
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2. Origins
Universität Hamburg
Restorative Justice 01/2009
Prison’s ineffectiveness
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2. Origins
TherapyNothings WorksWarehousingJust Deserts Overcrowding Repeat Offenders Terry MoffittLack of Shame, InsightHardened Criminals Anti-Preventive Process
Universität Hamburg
Restorative Justice 01/2009
Warum Datenbanken?
Disregard for Victims
Safety
Healing
Justice
Restitution
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2. Origins
Universität Hamburg
Restorative Justice 01/2009
Warum Datenbanken?
Disregard of Community
Safety
Healing
Justice
Prevention
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2. Origins
Universität Hamburg
Restorative Justice 01/2009
Warum Datenbanken?
Limits of Legal Regulation
Teubner‘s Trilemma
Ineffectiveness
Self-Destruction of Legal System
Destruction of Regulatory Object
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2. Origins
Universität Hamburg
Restorative Justice 01/2009
3. Principles
Respect
Solidarity
Responsibility
Repair harm
Reduce Risk
Build community
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Universität Hamburg
Restorative Justice 01/2009
3. Practice
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Accountability
Taking direct responsibilityTaking action to make things right Communities and victims actively
determine responseOffender feels obligation to victims
and community Victims and community set
community standards for behavior and consequences
Universität Hamburg
Restorative Justice 01/2009
3. Principles
Question: What does justice require?
Who has been hurt?
What are their needs?
Whose obligations are these?
Who has a stake in this situation?
What is the appropriate process to involve
stakeholders in an effort to put things right?
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Universität Hamburg
Restorative Justice 01/2009
Warum Datenbanken?
3. Principles
Retribution and RJ agree:
The offender owes something The victim deserves something As moral agents, offenders must take
responsibility. The outcome must fit the offense.
But:
Retribution: What is deserved is pain Restoration: What is owed is an effort to put
things right.
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Universität Hamburg
Restorative Justice 01/2009
Warum Datenbanken?
3. Principles
Guiding Questions:
Who has been hurt?
What are their needs?
Whose obligations are these?
Who has a stake in this situation?
What is the appropriate process to involve
stakeholders in an effort to put things right?
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Universität Hamburg
Restorative Justice 01/2009
Warum Datenbanken?
3. Principles
Focus on needs rather than deserts
Victim-Orientation: support and healing is a priority
Offenders take responsibility for what they have done
Dialogue to achieve understanding
Attempt to put right the harm done
Offenders look at how to avoid future offending
The community helps to re-integrate both victim and offender
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Universität Hamburg
Restorative Justice 01/2009
3. Principles
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For Victims:
1. Safety
2. Answers
3. Opportunities to tell their truths
4. Involvement, empowerment
5. Validation and vindication
Universität Hamburg
Restorative Justice 01/2009
4. Practice
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Questions:
1. What is the harm?
2. What needs to be done to repair the harm?
3. Who is responsible to repair the harm?
Universität Hamburg
Restorative Justice 01/2009
4. Practice
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What is the harm?
It is an injury to the victim,
community, even the
offender
Broken relationships
Universität Hamburg
Restorative Justice 01/2009
4. Practice
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What needs to be done to repair the harm?
Identify and clarify the harm that’s been
done
Include the victim
Assess the offender’s capacity to make
reparation
Facilitate opportunities for restoration to take
place
Universität Hamburg
Restorative Justice 01/2009
4. Practice
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Who is responsible for the repair?
The offender, not the state, has primary
and personal responsibility for making
things right with the victim and the
community.
The responsibility is shared by the
agency, the offender, their family, the
community and the victim.
Universität Hamburg
Restorative Justice 01/2009
4. Practice
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Public Safety Increases When…
1. Offenders develop internal controls
2. Community members resolve conflict
3. Community Justice is solution-focused
4. Community Justice partnerships are developed
Universität Hamburg
Restorative Justice 01/2009
EncounterEncounter Amends Reintegration Inclusion
Meeting Apology Respect Invitation
Communication
-Narrative
-Understanding
-Emotion
Changed
Behavior
Material
Assistance
Acknowledge
Interests
Agreement Restitution Moral/Spiritual
Direction
Accept
Alternatives
Generosity
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Values and Components of Restorative Justice
Universität Hamburg
Restorative Justice 01/2009
Encounter AmendsAmends Reintegration Inclusion
Meeting Apology Respect Invitation
Communication
-Narrative
-Understanding
-Emotion
Changed
Behavior
Material
Assistance
Acknowledge
Interests
Agreement Restitution Moral/Spiritual
Direction
Accept
Alternatives
Generosity
32
Values and Components of Restorative Justice
Universität Hamburg
Restorative Justice 01/2009
Encounter Amends ReintegrationReintegration Inclusion
Meeting Apology Respect Invitation
Communication
-Narrative
-Understanding
-Emotion
Changed
Behavior
Material
Assistance
Acknowledge
Interests
Agreement Restitution Moral/Spiritual
Direction
Accept
Alternatives
Generosity
Values and Components of Restorative Justice
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Universität Hamburg
Restorative Justice 01/2009
Encounter Amends Reintegration InclusionInclusion
Meeting Apology Respect Invitation
Communication
-Narrative
-Understanding
-Emotion
Changed
Behavior
Material
Assistance
Acknowledge
Interests
Agreement Restitution Moral/Spiritual
Direction
Accept
Alternatives
Generosity
Values and Components of Restorative Justice
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Universität Hamburg
Restorative Justice 01/2009
Warum Datenbanken?
4. Practices
Reparation Boards
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Conferencings
Victim/Offender Mediation
Victim Impact Panels/ClassesCircle
Sentencing
Community Service
Reparation Boards
Family Group Conferencing
Universität Hamburg
Restorative Justice 01/2009
4. Practice
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Value and Method of Circles
• Shared leadership, equality, visual contact among all participants at all times.
• Talking piece: object chosen to designate the person whose turn it is to speak. Passed from person to person clockwise.
Universität Hamburg
Restorative Justice 01/2009
4. Practice
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Circle Guidelines
• No interruptions; speak respectfully, speak honestly. Listen to others speaking. Speak as briefly as possible to make your point. Confidentiality.
Universität Hamburg
Restorative Justice 01/2009
5. Problems
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Role of the State
Safeguards against Misuse
Activating Victims
Activating Community
Universität Hamburg
Restorative Justice 01/2009
6. Evaluation
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Three Aims
• Does RJ reduce reoffending?• Is it worth the money?• Does it respond to needs and
rights of victims?
Universität Hamburg
Restorative Justice 01/2009
6. Evaluation
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• Victims recommend restorative justice to others (70-80%)
• Only 10% offenders and 12% victims expressed any doubt about the outcome agreement
• 6 from 152 offenders (and 6 from 216 victims) were dissatisfied with RJ conferencing
Universität Hamburg
Restorative Justice 01/2009
6. Evaluation
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Restorative justice provides, for victims
and offenders:
• Communication about offender-related
problems
• Mutual recognition
• Problem-solving for the future
Universität Hamburg
Restorative Justice 01/2009
6. Evaluation
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Victims are definitely positive about RJ - they say they and others are helped. Victims of more serious offences were particularly positive.
For RJ conferencing, decreases in reoffending were sufficient to make conferencing value for money against the cost of the scheme. Mediation did not have the same impact.
The current criminal justice system for adults is impoverished in terms of not providing enough opportunities to help offenders to desist (reduce/stop offending).
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