Bricks and Mortar of Restorative Justice: Build to Withstand the Winds of Change

Transcription

1 Bricks and Mortar of Restorative Justice: Build to Withstand the Winds of Change

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3 Webinar Archives Approximately 10 business days after the webinar, you can access the slide presentation, audio recording and transcript at

4 Moderator Lindsey Draper Wisconsin DMC Coordinator

5 Webinar Objectives Understand restorative justice as an effective, evidence-based alternative to court processing and punitive disciplinary approaches; Explain the role of victim, offender, and community in the restorative process; Design, implement, and apply restorative practices across the full spectrum of juvenile justice, from minor crimes to a range of serious and violent offenses to alternatives for zero tolerance policies in schools; Understand systemic change in implementation of restorative justice moving from an emphasis on punishment and treatment, to accountability and making amends for harm caused by crime.

6 Poll Question

7 Presenter Dee Bell Program Coordinator Georgia Department of Juvenile Justice

8 Restorative Justice: Principles and Bedrock Basics Dr. Gordon Bazemore Professor of Criminology Florida Atlantic University

9 What is Justice? Justice as punishment or retribution Justice as treatment Justice as accountability and responsibility

10 Crime is More Than Lawbreaking Crime harms: Victims Communities Offenders It also damages relationships

11 If Crime is harm then Justice should be healing

12 The problem of crime is bigger than the problem of the offender. -Leslie Wilkins Crime is a violation of people and relationships Violations create obligations The central obligation is to right the wrongs

13 Restorative Justice is NOT... New or just for minor offenses & not intended only to reduce offending A program children don t grow up in programs..they grow up in communities..services alone do not lead to prosocial development A practice that demands forgiveness Mediation

14 Restorative Justice: A Goal-Focused Definition Restorative Justice is: every action that is primarily oriented towards doing justice by repairing the harm that has been caused by crime (Bazemore and Walgrave, 1999).

15 Restorative Justice: Primary Stakeholders Victim and family/support group Offender and family/support group Community Justice system

16 Does RJ Work? Restorative Justice is Now an Evidence-Based Practice*{Sherman and Strang, 2007} Hundreds of studies over thirty years, multiple outcomes showing large overall success of reparative practices (e.g., restitution, community service, apology, etc.) 30 years of victim-offender mediation research (impact on reoffending and victim satisfaction) Family group conferencing studies high rate of success with multiple models using randomized experiments (better results for more serious offenders)

17 Does RJ work? Neighborhood board studies including randomized 6 year study in Indianapolis, Phoenix, and other jurisdictions James Bonta comparative studies including one reentry study with positive impact in quasiexperimental group (Israeli study replication) Many more local and regional evaluations

18 Three Principles of Restorative Justice Repairing Harm Stakeholder Involvement Role Transformation for community and government

19 Principle 1 Repair Justice requires that we work to heal victims, communities, and offenders who have been injured by crime

20 Two Primary Objectives: Repairing Harm 1. Making Amends: Meeting Victim Needs; Helping/Supporting V & O; Enhancing Reciprocity 2. Building Relationships: Reconnecting with Prosocial Adults, Peers, Support (V & O)

21 Repairing Harm: Theory to Practice Outcome One: Making Amends Exchange theory-reciprocity/balance Earned Redemption -New Public Image Doing Good to be good-new Self Image Offenders who have worked to repair harm to victim and community should be afforded the opportunity to participate as a responsible, productive member of the community

22 Repairing Harm Outcome Two: Relationship Building Theory: Social support theory Practice: Strategic efforts to rebuild victim & offender relationships damaged by the crime; strengthen existing relationships; develop new connections with pro-social adults

23 Reconnecting Crime weakens relationships Restorative justice reconnects Offender

24 Principle 2 Stakeholder Involvement Victims, communities and offenders should have opportunities for active involvement in the justice process as early and as fully as possible. THREE RJ PRINCIPLES

25 What Does Justice Require for Victims? Safety Answers Truth-telling Empowerment Vindication

26 What Victims Need and Want: A less formal process where their views count More information about processing and outcome of their case

27 Victims Want: To participate in their cases To be treated respectfully and fairly Material and emotional restoration (especially an apology)

28 Offenders Need: The opportunity to take responsibility for the harm caused by their behavior; take action to repair the harm; have a voice in the decision making process Opportunities and support for reintegration to their communities To build a range of assets, skills and pro-social relationships

29 Formal Justice System Procedures: deprive people of opportunities to practice skills of apology and forgiveness, or reconciliation, restitution, and reparation The modern state appears to have deprived civil society of opportunities to learn important political and social skills. - David Moore

30 Stakeholder Involvement Three Primary Objectives: Respectful Disapproval : Condemn offender s action while supporting the offender as a person Healing Dialogue : Needs-driven victim, offender, supporter discourse is more important than agreement Common Ground : Build on Points of Mutual Interest between V-O, V-C, O-Collective healing

31 Stakeholder Intermediate Outcomes: Victim - Reestablishes family and friendship connections and support, as well as new support as needed Offender - Reconnects with family, other supports, and victim (if relevant) and builds new instrumental and effective relationships as needed Community - however defined, is strengthened as relationships and networks of relationships are strengthened

32 Finding Common Ground Offender Victim Community

33 Principle 3 Changing Community/System Roles & Relationships We must re-think the relative role and responsibilities of the government and the community. Government is responsible for preserving order. The community is responsible for establishing peace.

34 Community/System Role Transformation Three Primary Objectives: Build Social Capital : Relationships and networks of trust and reciprocity connections Create Sense of Collective Ownership of Problem or Conflict Develop Problem Solving Skills Conflict resolution, informal social control, support; members of safe communities don t mind their own business

35 Community/System Role Transformation Dimension: Community Building Theory: Social Capital; Collective Efficacy Practice: Relationship building in conferences and in neighborhoods, schools and other community entities (social capital); skill building in informal social control and support competencies

36 Questions submitted during the presentation will now be addressed!

37 From Theory to Practice Dee Bell Program Coordinator Georgia Department of Juvenile Justice

38 Core Practices: Restorative Conferencing Models Increasing Stakeholder Decision Making Inputs: Family Group Conferencing Reparative or Accountability Boards Sentencing and Peacemaking Circles Victim Offender Dialogue (Mediation) Community Conferencing Merchant Accountability Boards

39 Core Practices: Restorative Obligations or Sanctions Agreement to Make It Right with Victims and the Community: Apologize to Victims and Others Make restitution to victims Provide restorative community service Participate in victim awareness activities Other

40 Partnerships with Communities & Victims School based supervision Victim advocacy and awareness Restorative Group Conferencing Community Accountability Boards Restorative Community Service Restitution Accountability

41 RJ and Schools - Georgia In 2005, 42% of new starts were on school referrals Move towards school based supervision Willing schools with a DJJ caseload and partner with school resource officers Works as both supervision and prevention strategy Train in Restorative Group Conferencing as a tool

42 Restorative Group Conferencing Tool for resolving conflict Used at victim s request to determine method to repair harm- restitution, community service apology, competency development for youth Used by school based staff to resolve issues that may result in new juvenile complaints Used with families and communities to resolve conflict before it becomes justice issue

43 School Based Outcomes - Georgia Reduction of referrals to Juvenile Courts by 39% in FY 2010 in the involved schools Reduction in new charges at school on DJJ youth by 24% Increase in youth remaining in school following 16 th birthday: 13%

44 Barron Lake Wisconsin Schools Barron County Restorative Justice Project (BCRJP) provides trainings for school staff in all districts in Barron County so that schools have the tools they need for restorative responses that lead to effective discipline BCRJP is there as a safety net to all schools for cases that are too intense or complex for what a principal can handle, usually due to limited time Agreement of community, schools and courts

45 Schools - Minnesota Restorative Practices in Schools since 2OO9 Use at prevention strategy and funded by Legislature Redefined school discipline codes Outcomes 27% reduction in suspensions and expulsions Decrease of over half the number of referrals for violent behavior Significant decrease of 25% in juvenile justice referrals

46 Schools - Colorado Colorado School Mediation Project Circles, conferencing and victim impact panels Used for both diversion and re-entry Outcomes Decrease suspension rates anywhere from 40% to 80%, 50% drop in absenteeism 60% decrease in tardiness

47 Florida - Neighborhood Accountability Boards A trained group of diverse community members that collectively determine how to assist youth in repairing harm they have caused Board conferences include trained volunteers, young offenders referred by the courts, victims Outcome is a Juvenile Justice Contract focused on efforts of youth to repair harm and gain skills Contracts monitored and if completed successfully, prosecutor drops charges

48 Victim Advocacy and Awareness Agency victim advocate Partner in statewide initiative Victim Impact class mandated at all facilities Victim support in restorative practices Victim Advisory Council Restitution initiative

49 RJ with Serious and Violent Offenders Purpose: To be used at the request of victims of serious and violent crimes who wish to meet the offender. These encounters can be an important part in the grieving process of victims and the larger healing process of the victim and offender, and their families Texas Model with serious offenders in prison system Use with vehicular homicide, aggravated battery, sexual offenses and other offenses in Georgia and South Carolina

50 Questions submitted during the presentation will now be addressed!

51 Withstanding the Winds of Change: Sustainability and Institutionalization Dee Bell Program Coordinator Georgia Department of Juvenile Justice

52 Participation denied breeds apathy. Apathy breeds suspicion. Suspicion breeds cynicism. Cynicism prevails. Conversely, participation builds investment. Investment builds a sense of ownership. A sense of ownership builds a sense of personal responsibility. A sense of personal responsibility for the well-being of the community prevails. - Dennis Maloney

53 Steps to RJ Sustainability 1. Invitation Engage the community 2. Openness Working with offenders and victims 3. Listen Response must build community capacity 4. Cast a wide net Inclusion of all stake holders 5. Look broadly look across systems, interest groups, funding issues and move forward

54 Sustainability Vehicles for Restorative Legislation Justice Mission statements Policy to practice

55 Legislation - Colorado House Bill passed in 2011 Expands juvenile restorative programs and adds adult options Encourages schools to expand the use of restorative practices Authorizes Corrections to implement programs Limits offenses eligible: No sex, domestic violence, stalking or violation of probation cases Programs currently in development- building on already substantial base of community restorative practice programs

56 Legislation - Illinois Introduced Balanced and Restorative Justice as the theory underlying juvenile Justice in the Preamble to the Illinois Code of Juvenile Justice This has led to restorative practices throughout the state in all aspects of juvenile involvement: Schools- Discipline codes and circles Juvenile court and probation- Conferencing Diversion- Teen courts Community- Youth panels

57 Legislation - Oregon Specifically based on the balanced and restorative approach Code states: the principles of personal responsibility, accountability and reformation within the context of public safety and restitution to the victim and to the community Restorative practices are integrated throughout the JJ system by each county

58 Proposed National Legislation Re-introduction of the Restorative Justice in Schools Act in the House of Representatives Introduced by Congressman Steve Cohen of Tennessee in 2011 To be re-introduced this year as H.R. 415 Provides for Elementary and Secondary Education Act funds to be used to provide professional development activities that train school personnel about restorative justice and conflict resolution

59 Restorative Mission - Pennsylvania State Juvenile Justice and Delinquency Prevention Committee incorporated restorative language into the mission statement that governs juvenile justice. a juvenile who commits a crime harms the victim of the crime and the community and thereby incurs an obligation to repair that harm to the greatest extent possible. This mission was followed up by grants throughout the state for expanding Restorative Justice programs Currently, deep understanding and practice throughout the state incorporating outcome measures system wide

60 Alaska Juvenile Mission Division of Juvenile Justice is to hold each juvenile offender directly accountable for the offender s behavior, restoration of the community and victims, protection of the public and development of the juvenile into a productive citizen and assist offenders and their families in developing skills to prevent crime.

61 Georgia DJJ Mission Mission is to protect and serve the citizens of Georgia by holding young offenders accountable for their actions through the delivery of services and sanctions in appropriate settings and by supporting youth in their communities to become productive and law-abiding citizens.

62 Policy - Minnesota Policies formalize the practice(s) Policies inclusive of good victim practice Policy prescribes what offenses are eligible and this varies county to county Sanctioned by County Commissions and Judiciary Trainings provided across systems and community

63 Policy - Georgia Policy governing use of restorative practices Policy to include restorative opportunities for victims of juvenile crime Other policies reviewed to include restorative language and opportunities- community service, case management, restitution, etc.

64 Cost Analysis Cost Analyses of restorative practices are difficult and expensive- so few exist Difficulties include: States have different enabling legislation for justice systems Upper age limit served varies state to state Judges often control variety of cases eligible Some factors, such as community capacity development are difficult to establish cost benefit Colorado and USDOJ Grant in 2011

65 Hollow Water s Community Circle Program Cost Analysis Hollow Water Community Circle Program in Alberta Canada Study of 94 adult justice system cases 2% recidivism over the 10 year study vs. 36% recidivism of similar group of offenders Cost savings of million dollars for these 94 cases

66 Georgia Schools RJ Cost Savings Estimate Divert approximately starts to the juvenile justice system per year Average cost per start is $2300 per Office of Planning and Budget study Cost Savings x 2300 = 1.8 million

67 Overcoming Resistance Judiciary and Prosecutors - The issue of discretion Defense Bar - Concern with limiting options Community - Only open to their own ideas Probation and Parole - Latest wave on the shore

68 Re-visit the Steps 1. Invitation Engage the community 2. Openness Working with offenders and victims 3. Listen Response must build community capacity 4. Cast a wide net Inclusion of all stake holders 5. Look broadly Look across systems, interest groups, funding issues and move forward

69 Criteria to Determine Restorativeness Focus on the harms of wrongdoing more than the rules that have been broken Show equal concern and commitment to all stakeholders Work toward the restoration of victims, empowering them and responding to their needs as they see them Support offenders while encouraging to understand, accept and carry out their obligations Recognize while obligations may be difficult for offenders, they should not be intended as harms and must be achievable

70 Criteria to Determine Restorativeness Provide opportunities for dialogue, direct or indirect between victims and offenders as appropriate Involve and empower the affected community throughout the process and work to increase its capacity to respond Encourage collaboration and reintegration rather than coercion and isolation Give attention to unattended consequences Show respect for all parties including victims, offenders and justice colleagues - Howard Zehr and Henry Mika

71 Questions submitted during the presentation will now be addressed!

72 Resources 1. Restorative Justice Online 2. National Institute of Justice 3. Restorative Justice for Youth Navigate to > Children > Programs 4. Restorative Justice Blog by Dr. Howard Zehr 5. University of Minnesota Center for Restorative Justice and Peacemaking- Dr. Mark Umbreit 6. Fresno State University Center for Peacemaking and Conflict Studies 7. Dr. John Braithwaite at Australian National University

73 Restorative Justice Research by Dr. James Bonta Handbook on Restorative Justice: A Global Perspective. Edited by Dennis Sullivan and Larry Tift- Chapter 5: Restorative Justice and Recidivism by Bonta; Jesseman; Rugge; and Cormier. Pages An Outcome Evaluation of a Restorative Justice Alternative to Incarceration. Contemporary Justice Review. 5(4): Bonta, James and Roonery, Jennifer and Wallace-Capretta, Suzanne and McAnoy, Kevin. Evaluation of the Collaborative Justice Project: A Restorative Justice Program for Serious Crime Rugge, Tanya; Bonta, James; and Wallace-Capretta, Suzanne

74 Contact us: Dr. Gordon Bazemore Florida Atlantic University Dee Bell Georgia DJJ (404)

75 Restorative Justice Webinar #2 The Road to Juvenile Justice: The Intersection of Restorative Justice and DMC Date: Wednesday, March 14 Time: 2:00pm 3:30pm ET Registration information will be available soon.

76 Please take 5 minutes to fill out the online evaluation which will be available immediately upon exiting WebEx.

77 Webinar Archives Approximately 10 business days after the webinar, you can access the slide presentation, audio recording and transcript at

78 Thank You For more information, please contact: Office of Juvenile Justice and Delinquency Prevention (OJJDP) OJJDP s National Training and Technical Assistance Center (NTTAC)

79 Please take 5 minutes to fill out the online evaluation which will be available immediately upon exiting WebEx.