Restorative JusticeFor Victims, Offenders and Community

Mark Umbreit, Ph.D., Sheryl Wilson, B.A. Annie Roberts M.Sc.Mark Umbreit, Ph.D., Sheryl Wilson, B.A. Annie Roberts M.Sc.Center for Restorative Justice & PeacemakingCenter for Restorative Justice & Peacemaking

University of MinnesotaUniversity of Minnesota School of Social WorkSchool of Social Work

January 2006January 2006

Key Questions:

Retributive Justice

What laws were broken?What laws were broken? Who did it?Who did it? What punishment do they deserve?What punishment do they deserve?

Dr. Howard ZehrDr. Howard ZehrEastern Mennonite UniversityEastern Mennonite University

Key Questions:

Restorative Justice

Who has been hurt by this event?Who has been hurt by this event?

What are their needs?What are their needs?

Whose obligations are they?Whose obligations are they?

Dr. Howard ZehrDr. Howard Zehr

Eastern Mennonite UniversityEastern Mennonite University

Key Characteristics:

Restorative Justice

Victim-centeredVictim-centered Offender-focusedOffender-focused Community-drivenCommunity-driven Government as safeguardGovernment as safeguard

Dr. Marlene YoungDr. Marlene YoungNational Organization for Victim AssistanceNational Organization for Victim Assistance

Restorative Justice

““Restorative justice provides opportunities for those Restorative justice provides opportunities for those most directly affected by a crime (victim,offender, most directly affected by a crime (victim,offender, families, and other community members) to be families, and other community members) to be actively involved in the process of addressing actively involved in the process of addressing harms, needs and obligations. RJ is about offender harms, needs and obligations. RJ is about offender accountability, victim healing, and community accountability, victim healing, and community safety, through mediation and dialogue whenever safety, through mediation and dialogue whenever possible.”possible.”

Dr. Mark S. UmbreitDr. Mark S. UmbreitUniversity of MinnesotaUniversity of Minnesota

Current Justice System: HOLDING OFFENDERS ACCOUNTABLE

ACCOUNTABILITY MEANS TAKING ACCOUNTABILITY MEANS TAKING

YOUR PUNISHMENTYOUR PUNISHMENT Victim and Offender in passive rolesVictim and Offender in passive roles Focus on deficitsFocus on deficits Debt is abstractDebt is abstract Little, if any, victim restitution Little, if any, victim restitution

Restorative Justice System: HOLDING OFFENDERS ACCOUNTABLE

ACCOUNTABILITY MEANS TAKINGACCOUNTABILITY MEANS TAKING

RESPONSIBILITY AND TAKING ACTIONRESPONSIBILITY AND TAKING ACTION

TO REPAIR THE HARM TO VICTIM(S)TO REPAIR THE HARM TO VICTIM(S) Victim and offender in active rolesVictim and offender in active roles Focus on strengthsFocus on strengths Debt is concreteDebt is concrete Victim restitution/restoration is norm Victim restitution/restoration is norm

Key Elements of Restorative Justice(Howard Zehr 12/98)

Harm-focusedHarm-focused

Victim-centered responsesVictim-centered responses

Offender accountably addresses the Offender accountably addresses the harmharm

Key Elements of Restorative Justice(Howard Zehr 12/98)

EngagementEngagement

Stakeholders involved in the process: Stakeholders involved in the process: victims, community, offendervictims, community, offender

Dialogue, exchange of information, Dialogue, exchange of information, mutual agreement encouragedmutual agreement encouraged

RJ Dialogue Processes - Prototypes

Victim Offender Mediation (VOM) Victim and offender Multi-party

Restorative Group Conferencing (RGC) Family Group Conferencing (FGC) Community Conferencing (CC)

Circles Peacemaking circles Talking circles

Restorative Dialogue

Models

Adapted from: Mark Seidler, Clearestory Communcations markus@csd.net

PRISONER RE-ENTRY

COMMUNITY POLICING

R J Dialogue Processes

Engaging & Involving Crime Victims“A Balanced & Restorative Justice System”

Victim Members on Advisory CommitteesVictim Members on Advisory Committees Victim Members on Special Task ForcesVictim Members on Special Task Forces Victim Awareness Staff TrainingVictim Awareness Staff Training Victim Awareness Training for OffendersVictim Awareness Training for Offenders Victim Panels/Dialogue with OffendersVictim Panels/Dialogue with Offenders Victim Offender Dialogue GroupsVictim Offender Dialogue Groups

(in facility and/or in community)(in facility and/or in community)

Engaging & Involving Crime Victims“A Balanced & Restorative Justice System”

Victim Offender Mediation & ConferencingVictim Offender Mediation & Conferencing Family Group ConferencingFamily Group Conferencing Peacemaking and Sentencing CirclesPeacemaking and Sentencing Circles Victims as Mentors for OffendersVictims as Mentors for Offenders Victims as Supervisors of Community Victims as Supervisors of Community

ServiceService(Dr. Mark Umbreit, BARJ Project)(Dr. Mark Umbreit, BARJ Project)

Where RJ Dialogue fits in CJS

PAROLE & REENTRY

PRE-TRIAL OR PRE-

ADJUDICATION

PREVENTION

DIVERSION

PROBATION

PRISON OR COMMITMENT

DialogueOpportunity

Evidence-based Best Practices

Restorative Justice Dialogue

A Meta-Analysis conducted by the A Meta-Analysis conducted by the Canadian Department of Justice, 2001Canadian Department of Justice, 2001

Examined 27 victim offender mediation Examined 27 victim offender mediation program evaluationsprogram evaluations

Examined 8 family group conferencing Examined 8 family group conferencing program evaluationsprogram evaluations

26 youth studies, 9 adult studies26 youth studies, 9 adult studies

Outcome Measures Examined

Victim SatisfactionVictim Satisfaction

Offender SatisfactionOffender Satisfaction

Restitution ComplianceRestitution Compliance

RecidivismRecidivism

Victim Satisfaction

Higher victim satisfaction ratings when Higher victim satisfaction ratings when

compared to a comparison groupcompared to a comparison group

Total of 13 studies, 9 VOM, 4 FGCTotal of 13 studies, 9 VOM, 4 FGC

Offender Satisfaction

Moderate to weak positive impact on Moderate to weak positive impact on offender satisfaction in all but one of offender satisfaction in all but one of the 13 studies when compared to non-the 13 studies when compared to non-restorative approachesrestorative approaches

Total of 13 studies, 7 VOM, 6 FGC Total of 13 studies, 7 VOM, 6 FGC

Restitution Compliance

Substantially higher compliance rates Substantially higher compliance rates

than offenders exposed to otherthan offenders exposed to other

arrangementsarrangements

Total of 8 studiesTotal of 8 studies

Recidivism

Restorative justice dialogue or Restorative justice dialogue or conferencing, on average, yield conferencing, on average, yield reductions in recidivism when reductions in recidivism when compared to non-restorative approachescompared to non-restorative approaches

Total of 32 studies, 24 VOM, 8 FGCTotal of 32 studies, 24 VOM, 8 FGC

Nugent, Umbreit, Wiinamaki, Paddock

Recidivism Study – Meta Analysis2001

Successful replication of 4 studiesSuccessful replication of 4 studies

Sample of 1,298 juvenile offendersSample of 1,298 juvenile offenders

VOM = 619, Comparison Group = 679VOM = 619, Comparison Group = 679

32% REDUCTION IN RECIDIVISM32% REDUCTION IN RECIDIVISM

Participation in Victim Offender Mediation and the Prevalence and Severity of Subsequent Delinquent Behavior: A Meta-Analysis

William Nugent, Mona Williams, Mark UmbreitWilliam Nugent, Mona Williams, Mark Umbreit University of Tennessee and University of MinnesotaUniversity of Tennessee and University of Minnesota Utah Law Review, December 2003Utah Law Review, December 2003

Total sample of 9,307 juvenile offenders Total sample of 9,307 juvenile offenders Sample came from 19 program sites (15 prior studies)Sample came from 19 program sites (15 prior studies)

The meta-analysis suggests a 26% reduction in recidivismThe meta-analysis suggests a 26% reduction in recidivism For those who recidivated, their future delinquent behavior For those who recidivated, their future delinquent behavior

decreased in severity (statistically significant)decreased in severity (statistically significant) The effect size is 2-3 times greater than 2 prior meta-analyses The effect size is 2-3 times greater than 2 prior meta-analyses

of juvenile recidivism in non-restorative programsof juvenile recidivism in non-restorative programs

Selected Books

The Little Book of RJ (series) – ZehrThe Little Book of RJ (series) – Zehr Critical Issues in RJ – Zehr and ToewsCritical Issues in RJ – Zehr and Toews Peacemaking Circles – Pranis, Stuart & WedgePeacemaking Circles – Pranis, Stuart & Wedge The Handbook of VOM – UmbreitThe Handbook of VOM – Umbreit Facing Violence – Umbreit, Vos, Coates, BrownFacing Violence – Umbreit, Vos, Coates, Brown Changing Lenses – ZehrChanging Lenses – Zehr

Videos and Web-site

Restorative Justice Videos -- $20 eachRestorative Justice Videos -- $20 each 1 of 6 in series – total price for all $100 1 of 6 in series – total price for all $100 Center for RJ & Peacemaking, U of MN, School of Social Center for RJ & Peacemaking, U of MN, School of Social

Work, 1-612-624-4923Work, 1-612-624-4923

Web-site, Center for Restorative Justice & Web-site, Center for Restorative Justice & Peacemaking, University of MinnesotaPeacemaking, University of MinnesotaCurrent:Current: ssw.che.umn.edu/rjpssw.che.umn.edu/rjp

Soon to be changed to: Soon to be changed to: rjp.umn.edurjp.umn.edu

RJ Dialogue – other “systems”

COMMUNITY/NEIGHBORHOO

D

PUBLIC HEALTH - SOCIAL SERVICES

FAITH COMMUNITIES

CRIMINAL JUSTICE SYSTEM (CJS)

SCHOOLS

WORKPLACE

RJ Opportunity