Restorative Justice Resource Guide

Transcription

1 Restorative Justice Resource Guide Restorative practices is an emerging field of study that enables people to restore and build community in an increasingly disconnected world -International Institute for Restorative Practices

2 YWCA Madison Restorative Justice Initiative The YWCA Madison, through our mission of Eliminating Racism, Empowering Women, supports racial and restorative justice principles and practices. We recognize that systemic and institutionalized racism exists and believe that racism has a direct impact on the equitable distribution of justice within our communities. The YWCA Madison has established a Restorative Justice Program in order to promote a greater awareness of the connection between race and justice, to confront issues of race within our justice systems, to educate the community on the foundations of restorative justice, and to provide resources, processes and tools to the community for implementation of restorative justice principles, community building, and community healing. The YWCA Madison recognizes that there is a direct connection between racism and our justice systems. We believe, as research has shown that there is a direct connection between the justice models within our schools and our criminal justice system. Through our Racial and Restorative Justice Program, we seek to dismantle the school to prison pipeline by working with area schools on implementing restorative justice processes and practices as alternatives to the current discipline models. The purpose of this resource guide is to provide individuals with foundational knowledge of restorative justice practices and principles. It was developed as a result of research conducted on the restorative justice topic. Several sources were consulted as a part of the development of the guide. Major sources for this guide include: The Little Book of Circle Processes: A New/Old Approach to Peacemaking by Kay Pranis The Little Book of Restorative Justice by Howard Zehr The Little Book of Restorative Discipline for Schools by Lorraine Stutzman Amstutz and Judy H. Mullet Taking Restorative Justice to Schools: A Doorway to Discipline by J. Holtham The International Institute for Restorative Practices. YWCA Madison Racial Justice Resource Guide Page 2 of 17

3 Table of Contents Introduction to Restorative Justice Principles...4 Restorative Justice Practices Beyond the Legal System...5 Restorative versus Retributive Justice...6 Restorative Discipline The Role of Circle Processes...12 Key Elements of Circles Stages of the Circle Process...14 Circle Process Applications for Schools Additional Resources on Restorative Practices/Justice...17 YWCA Madison Racial Justice Resource Guide Page 3 of 17

4 Introduction to Restorative Justice Principles Restorative justice practices constitute an alternative way of looking at harm and conflict that focuses on repairing the damage done to people and restoring relationships rather than punishing offenders. The principles that guide restorative practices have been used for centuries in indigenous cultures. The main goals of restorative justice are as follows: 1) Accountability: Restorative practices allow offenders the opportunity to take accountability for the harm they caused, and the chance to take action towards repairing that harm and restoring their place within the community. 2) Community Safety: Restorative practices focus on maintaining community safety through strategies that empower community members to take responsibility for collective safety. 3) Competency Development: Restorative practices work to address underlying issues that lead youth to cause harm, build upon young people s individual strengths, and develop the social competency of those who have harmed others in order to increase their probability of integrating successfully into the community. 1 1 Implementing Restorative Justice, Illinois Criminal Justice Information Authority. YWCA Madison Racial Justice Resource Guide Page 4 of 17

5 Restorative Justice Practices Beyond the Legal System While restorative justice practices have been implemented in the legal system, many have begun to look at the principles and practices of restorative justice to address issues outside and beyond the legal system. For example, How do we deal with issues of harm and wrongdoing before they reach the legal system? How do we teach our children about accountability and responsibility? What lessons do children learn about how to deal with conflict and with difficult situations in which they find themselves? What about the interpersonal conflicts students bring to school that originate outside school hours? Restorative justice promotes values and principles that encourage us to listen and speak to one another in ways that validate the experience and needs of everyone within the community, particularly those who have been marginalized, oppressed, or harmed. These approaches allow us to act and respond in ways that are healing rather than alienating or coercive. 2 2 Amstutz, Lorraine Stutzman., and Judy H. Mullet. The Little Book of Restorative Discipline for Schools: Teaching Responsibility, Creating Caring Climates. Intercourse, PA: Good, Print. YWCA Madison Racial Justice Resource Guide Page 5 of 17

6 Restorative versus Retributive Justice Restorative justice is not retributive justice. Retributive justice is a theory of justice that considers punishment, if proportionate, is a morally acceptable response to crime, by providing satisfaction and psychological benefits to the victim, the offender and society. "Justice has been done when the wrong-doer has been sufficiently punished." Restorative justice is an approach to justice that focuses on the needs of victims and offenders, instead of the need to satisfy the rules of law or the need of the community to give out punishments. Victims are given an active role in a dispute and offenders are encouraged to take responsibility for their actions, "to repair the harm they've done by apologizing, returning stolen money, or (for example) doing community service". Restorative justice is based on a theory of justice that focuses on crime and wrong doing as acted against the individual or community rather than authorities. Retributive Justice Misbehavior/offenses are committed against authorities and are violations of rules of law or policies. Offender is accountable to authorities for the misbehavior or offense. Accountability is equated with suffering. If offenders are made to suffer enough (i.e. expulsion or suspension) they have been held accountable. Victims are not the primary focus of the process. Offenders are defined by the misbehavior/offense. Victim is defined by material and psychological loss. Misbehavior/offenses are the result of individual choice with individual responsibility. Restorative Justice Misbehavior/offenses are defined as acts against victims and the community, which violate people and community trust. Offender is accountable to the victim and the community. Accountability is defined as taking responsibility for behaviors and repairing the harm resulting from those behaviors. Success is measured by how much reparation was achieved. Victims and community are directly involved and play a key role in response to misbehavior/offenses. Offenders are defined by their capacity to take responsibility for their actions and change behavior. Victims are defined by losses and capacity to participate in the process for recovering losses and healing. Misbehavior/offenses have both individual and social dimensions and are the result of individual choice and the conditions that lead to the behavior. YWCA Madison Racial Justice Resource Guide Page 6 of 17

7 Restorative Discipline The key goals of restorative discipline are: To understand the harm and develop empathy for both the harmed and the harmer. To listen and respond to the needs of the person harmed and the person who harmed. To encourage accountability and responsibility through personal reflection within a collaborative planning process. To reintegrate the harmer (and, if necessary, the harmed) into the community as valuable, contributing members. To create caring climates to support healthy communities. To change the system when it contributes to the harm. Guiding questions for a restorative justice approach Who has been hurt? What are their needs? Whose obligations are they? What are the causes? Who has a stake in this? What is the appropriate process to involve stakeholders in an effort to put things right? 3 3 Amstutz, Lorraine Stutzman., and Judy H. Mullet. The Little Book of Restorative Discipline for Schools: Teaching Responsibility, Creating Caring Climates. Intercourse, PA: Good, Print. YWCA Madison Racial Justice Resource Guide Page 7 of 17

8 Examples of restorative approaches to discipline: Offense Retributive/Punitive Restorative Graffiti or property damage Get referred to law enforcement. Pay a court fee or fine. Help clean, repair, or repaint, and pay for damages. Putdowns, gossip, or interpersonal conflicts Classroom disruption Bullying younger students Ridicule or racial slurs of another individual or group Fighting Theft Spend time in detention. Be shamed in front of the class by the teacher. Sent to in-school suspension; have privileges removed. Given a sanction to stay away from the person in the future. Sent on out-of-school suspension. Sent on out of school suspension. Write a letter of apology to the individual(s) harmed; write a reflection paper on how it feels to be put down or gossiped about. Verbally apologize to the teacher and fellow students with a promise to contribute more positively in the future. Request that peers hold her/him accountable. Spend a week assisting the teacher with classroom supervision or clean up. Set up a weekly book reading with the younger students and read to them out of Touching Spirit Bear, a book about restorative justice that addresses a serious assault. Facilitate a circle with individuals considered bullies and discover three reasons why they do it. Facilitate a circle with victims of bullies and find out how bullying affects others. Participate in a blanket drive for the homeless. Help on a project to raise community awareness to stop hate crimes. Set up a panel of speakers who can talk to the entire class or school about intolerance and the effect it has on our communities. Write a letter of apology to the person harmed and his/her family. Attend three different faith community youth groups. Prepare and deliver a speech to a classroom or larger school assembly about how to negotiate with words rather than fists. Teach a class during detention on anger management and self-control. Read the book Boundaries for Kids and give an oral report on it. Return the stolen items with a sincere verbal or written apology. Pay for replacement of stolen items. YWCA Madison Racial Justice Resource Guide Page 8 of 17

9 Offense Retributive/Punitive Restorative Use and possession of drugs Expelled from school. Do community service in a drug rehab center or hospital where addicts are being treated. Spend a night under supervision in a rehab center. Internet harassment Unintentional arson or property damage Truancy Sent on out-of-school suspension. Suspension or expulsion Get referred to law enforcement Contribute to a school newsletter article on how internet harassment damages individual relationships. Write a research paper on recent internet harassment incidents that have resulted in emotional depression or suicide of the person who was harmed. Ride along with fire fighters. Visit a fire station. Interview paramedics. Write a reflection paper on assets for youth. Help facilitate a circle discussion on truancy and identify why some kids skip school. Interview a recent high school graduate that dropped out of school and returned after recognizing the value of a high school diploma. Interview a college student and ask why he or she wants to complete college. Ask for help with an underlying problem that is causing the truancy. 4 4 Holtham, J. Taking Restorative Justice to Schools: Teaching A Doorway to Discipline. Allen, TX: Homestead Press, Print. YWCA Madison Racial Justice Resource Guide Page 9 of 17

10 Schools working toward restorative discipline 1) Focus primarily on relationships and secondarily on rules. Does the proposed response go beyond focusing solely on policy violations? Is equal concern also being given to the harms experienced by individuals and the community? What steps are being implemented to ensure the safety of the individuals involved while information is being gathered? Have support people (e.g., an advocate, pastor, mentor, or other person deemed appropriate given the circumstances) been identified, approved by, and provided for each person involved? Are needed resources available for all persons involved, i.e., transportation, childcare, an interpreter, accessibility? Has the issue of whether or not to maintain confidentiality within the process and the findings been addressed? Are there mandated reporting issues? How will information be shared more broadly if necessary? 2) Give voice to the person(s) harmed. Does the response address the needs of the person harmed, both the immediate victim as well as others who may be affected? Does it allow an opportunity for those harmed to be part of the resolution? Has the person harmed been asked what s/he needs? Has the person harmed been asked what a just process would look like? 3) Give voice to person(s) who caused the harm. Has the person who harmed been asked what s/he needs? Does the response address the needs of the person who did the harm? Does it allow an opportunity for those who harmed to be part of the resolution? Has the person who harmed been asked what s/he can give/offer? Has the person who harmed been asked what a just process would look like? 4) Engage in collaborative problem-solving. Are the solutions being arrived at collaboratively, meaning that all those affected (or representatives of those affected) by the YWCA Madison Racial Justice Resource Guide Page 10 of 17

11 harm/incident are fully involved? Are all participants represented at the decision-making table? Are all decisions reached collaboratively, with assurance that all voices are heard? Given the imbalances that often exist between persons and institutions, have these been recognized, acknowledged, discussed, and addressed? 5) Enhance responsibility. Does the response help the person take responsibility for the harm caused, or does it focus primarily on punishment? Does the person who caused the harm understand how his/her actions have affected other people? If not, is there a plan in place that includes steps to assist the person in a process of understanding (which may include education on a particular issue, counseling, or training)? Is there an acknowledgement that some persons choose to resist change and need others to assist in making decisions regarding their accountability? The consequences in that case may need to be made or suggested by others involved in decision-making. 6) Empower change and growth. Does the response allow the person who harmed to be involved in the process of repair with a concern toward that individual s growth and competency? Has the individual acknowledged responsibility for the harm of his/her actions? If not, what steps should be taken to address ways of meeting and supporting that person s need for growth and competency? 7) Plan for restoration. Does the response allow for the person who harmed, as well as the person harmed, to be supported and reintegrated back into the community? Has the issue of accountability been appropriately addressed to the satisfaction of the person harmed? Has a process been developed that ensures ongoing accountability if an agreement for next steps is reached? Is there recognition that one possible solution is a parting of ways (or setting procedures to avoid interaction), in an effort to give primary consideration to the needs of the person harmed. 5 5 Amstutz, Lorraine Stutzman., and Judy H. Mullet. The Little Book of Restorative Discipline for Schools: Teaching Responsibility, Creating Caring Climates. Intercourse, PA: Good, Print. YWCA Madison Racial Justice Resource Guide Page 11 of 17

12 The Role of Circle Processes Drawn from indigenous cultures, peacemaking Circles are the third practice to emerge in the restorative justice movement as offering a constructive, healing response to crime or hurtful conduct. Circles can be used in families or even between as few as two people, yet they are especially adapted to dealing with complex situations, because they bring together diverse sectors of the community for an open, egalitarian, and respectful dialogue. Though Circles have keepers, participants share the responsibility for working things out in a way that honors all interests and includes them substantively and authentically in decisionmaking. 6 Key Elements of Circles: Ceremony: Opening and closing ceremonies mark the time and space of the Circle as a space apart. It is a different kind of space because the Circle invites people to be in touch with the value of connecting deeply with others, and it encourages people to drop the ordinary masks and protections that create distance from others. Opening ceremonies: help participants to center themselves, be reminded of core values, clear negative energies from unrelated stresses, encourage a sense of optimism, and honor the presence of everyone there. Closing ceremonies: acknowledge the efforts of the Circle, affirm the interconnectedness of those present, convey a sense of hope for the future, and prepare participants to return to the ordinary space of their lives. Opening and closing ceremonies are designed to fit the nature of the particular group and provide opportunities for cultural responsiveness. 5 Guidelines: The guidelines of the Circle are the commitments or promises that participants make to one another about how they will behave in the Circle. The purpose of the guidelines is to establish clear expectations for conduct based on what the participants need to make the space safe to speak in their authentic voices, and to act from the impulse to be connected to others in a good way. The guidelines are designed to meet the needs of the specific Circle and always YWCA Madison Racial Justice Resource Guide Page 12 of 17

13 include respectful speaking and listening and some form of confidentiality. Developing guidelines begins during the preparation phase and continues when the Circle convenes. Discussion of guidelines helps Circle participants reflect on how they will be present with on another so they can act more intentionally than they might otherwise, especially in circumstances of conflict or anger. Talking Piece: The talking piece is an object that is passed from person to person around the Circle. The holder of the talking piece has the opportunity to talk while all other participants have the opportunity to listen without thinking about a response. The holder of the talking piece may also choose to pass the piece without speaking. There is no obligation to speak when the talking piece comes. The talking piece is critical as it allows participants to speak from a deep place of truth. It assures the speakers that they will not be interrupted, that they will be able to pause and find the words to express what is on their hearts and minds, that they will be fully and respectfully heard. The talking piece is a powerful equalizer. It allows every participant an equal opportunity to speak and carries an implicit assumption that every participant has something important to offer the group. The talking piece facilitates the contributions of quiet people who are unlikely to assert themselves in a typical open dialogue. Keeping/Facilitation: The Keeper or Facilitator of the Circle is not responsible for finding solutions or for controlling the group. The role of the facilitator is to initiate a space that is respectful and safe, and to engage participants in sharing responsibility for the space and for their shared work. The role of the facilitator is not that of a neutral, common in Western conflict resolution models. The facilitator is a participant in the process and may offer her thoughts, ideas, and stories. Minimizing bias in the facilitator is still a goal of the Circle, but it is achieved through caring about everyone in the Circle rather than by holding a clinical distance. Because guidelines in a Circle are created by consensus of the group and belong to the group, the facilitator is not an enforcer but a monitor. If the guidelines are not working, then the facilitator draws the attention of the group to the need to address guidelines. Consensus Decision-Making: Not all Circles make decisions, but when they do, the decisions are made by consensus. Consensus is generally understood to mean that all participants are willing to live with the decision and support its implementation. Consensus decision-making is grounded in a deep commitment to understand the needs and interests of all participants and to work toward meeting all of those needs. Consensus decisions produce more effective and sustainable agreements because the consensus-based processes give power to everyone Pranis, Kay, Circle Keeper s Handbook: Integrated Conflict Management System, Minnesota Department of Corrections, YWCA Madison Racial Justice Resource Guide Page 13 of 17

14 Stages of the Circle Process Stage 1: Determining suitability Are key parties willing to participate? Are trained facilitators available? Will the situation allow the time required to use the Circle Process? Can physical and emotional safety be maintained? Stage 2: Preparation Identify who needs to participate: Who has been impacted? Who has resources, skills, or knowledge that might be needed? Who has similar life experiences that might add insight? Familiarize key parties with the process. Begin exploring the context of the issue. Stage 3: Gathering all parties Identify shared values and develop guidelines. Engage storytelling to build relationships and connections. Share concerns and hopes. Express feelings. Probe underlying causes of conflict or harm. Generate ideas for addressing harm or resolving conflict. Determine areas of consensus for action. Develop agreement and clarify responsibilities. Stage 4: Follow up Assess progress on agreements. Are all parties fulfilling their obligations? Probe for causes of any failure to fulfill an obligation, clarify responsibilities, and identify next steps of the failure continues. Adjust agreements as needed based on new information or developments. Celebrate successes. 8 8 Pranis, Kay, Circle Keeper s Handbook: Integrated Conflict Management System, Minnesota Department of Corrections, YWCA Madison Racial Justice Resource Guide Page 14 of 17

15 Circle Process Applications for Schools Restorative justice circles are most often thought of as being useful for conflict resolution and discipline. However, there are a myriad of uses beyond conflict resolution and discipline. These are some examples: Morning Check-in Circle Create a community in your classroom by allowing each student to simply check in with something new and important in their lives. This may serve as an outlet for difficult situations at home, or may serve as a centering moment for the student, helping him/her transition into the learning environment. Review Circles Testing on a unit. Each person has opportunity to say what s/he learned from the unit. Each successive participant may not repeat what has been said before. Discuss a Topic Each person shares a thought about the given topic, such as: the war in Iraq; what to do about litter on the playground; etc. Share a Fact: Each person shares a fact about the given topic, such as: Plants, Wisconsin, etc. What was compelling to you in this story / article? Assign a particular reading (book, chapter, article). Each participant decides what the most important idea or quote from the reading is, and shares the quote along with his/her rationale for choosing that section as the most important. What is one new idea or fact that you learned? After watching a video, or hearing a guest speaker, ask each participant to share one new fact or idea that s/he learned or something that s/he liked about a presentation. This can be particularly appealing to guest speakers who receive real feedback on their presentation. Teaching and Discussing Values Read a storybook whose major theme is a particular value. Lead a guided discussion about the theme by: 1. Asking a general question that relates to the theme (what does it mean to be teased?), 2. Ask a personal question (tell about a time when someone teased you. How did you feel?), 3. Brainstorm a solution: (What are we going to do to make this teasing problem go away?). YWCA Madison Racial Justice Resource Guide Page 15 of 17

16 Presenting Moral Dilemmas Moral dilemmas become avenues for open discussions and thinking about personal values that one holds in relation to the broader society. Present a sticky moral dilemma and then ask each participant his/her position. Change the dilemma slightly to challenge the participants. Proactive Behavior Management Circles can be effective tools to help create community in a classroom or school. Role play a situation, or invite someone who has actually been impacted by negative behavior of a class back to participate (e.g. a substitute teacher who has been eaten alive ). Allow the affected party to explain how s/he felt, and then: 1. Ask the participants what happened when Ms. was here?, 2. Ask the participants what did you do to make things worse when Ms. was here?, 3. What were you thinking when Ms. was here?, 4. What could you have done differently when Ms. was here?, and finally: 5. Is there anything you want to say? Discipline Probably the most common use for restorative circles. Generally, it is important that there be some recognition of wrongdoing by someone in the circle, although some people have used circles as more of a fact-finding process. The process will vary depending upon whether there is a specific victim or if the offense is a more generalized one. Generally, ask: 1. what happened? (victim should have choice of speaking first or having the offender speak first). The keeper may need to be more directive, such as: what did you do to make things worse? 2. What is the impact on you?, 3. How can this harm be repaired? Truancy Relying upon the circle process to help a student and his/her family deal with a truancy problem has proven beneficial. Giving the parent and student some sense that they are active participants in solving the problem as opposed to simply being talked to is empowering. Asking the student who his/her favorite teacher is, and then asking that teacher to participate in the circle conference is but one way to empower the family. Individualized Education Plan By using the circle process to discuss a student s educational progress with a parent the school staff is being more inclusive of those who know the student. 9 9 Muir Middle School training practical uses August YWCA Madison Racial Justice Resource Guide Page 16 of 17

17 Additional Resources on Restorative Justice Books: The Little Book of Restorative Justice by Howard Zehr. The Little Book of Circle Processes: A New/Old Approach to Peacemaking by Kay Pranis. The Little Book of Conflict Transformation by John Paul Lederach The Little Book of Restorative Discipline for Schools: Teaching Responsibility, Creating Caring Climates by Lorraine Stutzman., and Judy H. Mullet. Power Source: Taking Charge of Your Life by Bethany Casarrjian. Discipline that Restores by Ron and Roxanne Claassen. Articles: Guide for Implementing the Balanced and Restorative Justice Model by the U.S. Department of Justice, Office of Justice Programs. What is Restorative Practices from the International Institute for Restorative Practices web site. Improving School Climate: Findings from Schools Implementing Restorative Practices by the International Institute for Restorative Practices. A Comparison of Four Restorative Conferencing Models by the Office of Juvenile Justice and Delinquency Prevention. Safer Saner Schools: Restoring Community in a Disconnected World by Ted Wachtel. Multi-cultural Implications of Restorative Justice: Potential Pitfalls and Dangers by the Center for Restorative Justice and Mediation at the University of Minnesota. Web Sites: International Institute for Restorative Practices- Safe Schools/Healthy Students- Wisconsin Restorative Justice Coalition- Living Justice Presshttp:// E0-A2E0-4B97-9C62-9A573061C112} Restorative Measures in the Schools- University of Minnesota Center for Restorative Justice and Peacemakinghttp:// Barron County Restorative Justice, Inc- The Society for Safe and Caring Schools and Communitieshttp:// Teaching Tolerance- Minnesota Department of Corrections Restorative Justicehttp:// YWCA Madison Racial Justice Resource Guide Page 17 of 17