Restorative Justice Programs

Transcription

1 Restorative Justice Programs for people affected by crime NSW DCS

2 Criminal Justice & Restorative Justice 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?

3 A Restorative Justice Vision 1. Crime is fundamentally a violation of people and interpersonal relationships. (crime is more than violation of the law & state) 2.Violations create obligations and liabilities. (violations require more than just a finding of guilt ) 3.Restorative Justice seeks to heal and put right the wrongs. (justice requires more than just punishing the guilty) (Mika & Zehr 2003)

4 A Restorative Justice Vision A Restorative Justice Vision within DCS led to the establishment of the Restorative Justice Unit (RJU) in Goal: healing process for people affected by crime. Empowering victim centred approach. Encourage offenders to take active responsibility. Explore what can be done to repair the harm caused by the crime. Ensure support so that positive outcomes can be realised.

5 Progressive Interventions RJU facilitated 96 interventions to date. 81 RJ Processes with victims & offenders. 4 Offender Family Group Conferences with offenders & their families. 11 Workplace Dispute Resolution Processes.

6 81 RJ Processes with victims & offenders. 38 Victim Offender Conferences (face to face) 29 Information Exchanges (parties kept apart) 6 Facilitated Meetings (face to face) 3 Victim Offender Mediations (face to face) 2 Victim Family Mediations (face to face) 2 Recorded Info. Exchanges (parties kept apart) 1 Community Meeting (parties kept apart) TOTAL = 49 face to face / 32 parties kept apart

7 Participation Requirements Criminal offence Post-sentence sentence Offender under DCS supervision Referrals from victim or offender Extensive assessment of all participants Extensive preparation

8 Victim Offender Conference (VOC) Most utilised process. Open to all people affected by crime. Structured on 4 simple questions that focus on PAST / PRESENT / FUTURE. 1. What happened? 2. What has happened since? 3. Who has been affected & how? 4. What can be done to repair the harm

9 VOC Benefits Offender: Actively take responsibility for their actions. Explain the context of why they offended. Demonstrate what they have done or can do to address their offending behaviour. Demonstrate empathy by acknowledging who has been affected & how. Meet victims needs by repairing the harm of their actions. Transform shame.

10 VOC Benefits Victim: Telling their story: : the initial impact of the crime / how they were informed of the death of a family member / express how the crime has affected them over time. Opportunity to ask questions of the offender regarding specific details of offence / why they were targeted / why the offence was committed. Requesting the offender to repair the harm & seeing that obligation fulfilled. Empowerment / healing / moving on

11 Benefits Offenders Family / Supporters: Express own sense of remorse Release guilt Rebuild trust Feel pride Victims Family / Supporters: Express personal affect of crime Honouring loved ones Releasing anger / hatred / loss / grief / sadness Moving forward

12 VOC Outcome Agreements When victims feel heard & offenders have taken responsibility, a shift takes place as victims feel empowered & offenders feel that they have fulfilled an obligation to the people they ve harmed. The conflict created by the crime is greatly resolved. Apologies & Understanding even Forgiveness may be generated (natural process not sought by RJU). Offenders & victims can then negotiate an outcome agreement

13 VOC Outcome Agreements Addressing offending behaviour: AOD programs Violence Prevention programs Education Future: Report from Parole Officer on progress post-release Negotiate how victim & offender will interact on release Symbolic: Participation in remembrance service Open offer to meet again / include other family members Healing process: VOC often a healing process & no outcome agreement required.

14 81 RJ Processes with victims & offenders. Murder: 24 Armed Robbery: 17 Dangerous Driving occasioning Death: 11 Manslaughter: 9 Assault: 6 Break/Enter: 4 Other: 4 Fraud: 3 Sex Offence: 3

15 81 RJ Processes with victims & offenders. 44 of 81 (54%) of RJ processes follow death of primary victim. 70 of 81 (86%) of RJ processes follow violence. RJ post-sentence sentence programs effective in dealing with severe violence & trauma. Victims, Offenders & Communities overwhelmingly satisfied with their experience of RJ.

16 DCS Family Group Conferencing Families of offenders are hidden victims Impact of offending & imprisonment extends to families Many issues around offending & imprisonment & release need resolution. Application of RJ process involving offender & their family, friends & community, & DCS staff.

17 Family Group Conferencing Focus on: Impact of offending on family Causes of offending Addressing offending behaviour Returning to the community / family unit Negotiation of ground rules We won t search your room, but. What you did disgusts me!

18 Family Group Conference Particular relevance before release Easing stress of transition Support successful community integration Resolving family conflict Supporting offender competencies Clarifying expectations upon release

19 Restorative Justice Unit Contacts: Glenn Duhigg & Kate Milner L7 Henry Deane Building, 20 Lee St, Sydney NSW 2000 (tel)) ( ) Let s talk!