Restorative Justice II

Balanced and Restorative
Justice Training
Restorative Justice Foundations
Module 1

Introductions
• Name
• Where you are from/organization
• Why you are here

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Agenda
Day One
1: Restorative Justice Foundations
2: Balanced and Restorative Approach
Day Two
3: Developing Cultural Awareness
4: Role of Victims

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Agenda
Day Two
5: Offenders
6: Community Engagement
Day Three
7: Sample Practices
8: Taking Vision to Where We Live and Work
9: Action Planning. Closing Remarks and
Evaluation
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Objectives
• Review agenda for this training event.
• Build a set of group values from personal
values.
• Relate group values to restorative justice
framework.
• Define restorative justice in your own words.

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Restorative Justice …
• Is not a program.
• Is a mission or philosophical framework.
• Is a different way of responding to crime in
communities and criminal justice systems.

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Questions Currently Asked
• Who committed the crime?
• What laws were broken?
• How will we punish the offender?
Restorative Justice views the crime through a
different lens.

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Crime is a wound

Justice should be healing
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Van Ness Principles
1. If crime is more than lawbreaking, then:
• Justice requires that we work to heal victims,
communities, and offenders who have been
injured by crime.

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Van Ness Principles
2. If crime is more than lawbreaking, then:
• Victims, communities and offenders should
have opportunities for active involvement in
the justice process as early and as fully as
possible.

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Van Ness Principles
3. If crime is more than lawbreaking, then:
• We must re-think the relative roles and
responsibilities of the government and the
community. Government is responsible for
preserving a just order and the community for
establishing a just peace.

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Howard Zehr’s Questions
• What is the harm?
• What needs to be done to repair the harm?
• Who is responsible for this repair?

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Howard Zehr’s Questions
• What is the harm?
(Assessment)
• What needs to be done to repair the harm?
(Case Plan)
• Who is responsible for this repair?
(Roles and Responsibilities)
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Barry Stuart
“Crime should never be the sole or even primary
business of the state, if real differences are
sought in the well-being of individuals, families,
and communities. The structure, procedures, and
evidentiary rules of the formal criminal justice
process coupled with most justice officials’ lack of
knowledge and connection to (the parties)
affected by crime preclude the state from acting
alone to achieve transformative change.”
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Additional Resources
• At the end of each module
• For reference or later use

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Balanced and Restorative
Justice Training

Balanced and Restorative Approach
Module 2

Objectives
• Describe how restorative justice balances the
three basic community expectations: community
safety, accountability and competency
development;
• Explain how balanced and restorative justice
practices increase community safety;
• Describe how restorative accountability differs
from the traditional concept of accountability in
juvenile justice; and
• Describe restorative justice competency
development.
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What is the Balanced
Approach?
• Restorative justice = value framework or
vision.
• The balanced approach = concrete
application of restorative justice principles to
practice.
• The balanced approach mission = a blueprint
for putting restorative justice vision into
practice in juvenile justice systems.

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The Balanced Approach
Community
Safety

Accountability
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Competency
Development

The Balanced Approach
Mission
Stakeholders
Victims
Juvenile
offenders
Community

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Goals

Values

Accountability

Offense occurs,
obligation incurs

Competency
development

Offenders exit
more capable

Community
safety

JJ must protect
public from JJ
youth

Stakeholders Exercise
• Read the court report and your scenario.
• Answer the Part I questions.
• Meet with others to review Part I questions
and answer Part II.
• Keep in mind the perspective of the person
whose information you read.

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Restorative Accountability
Exercise
• Individually read the scenario.
• Individually answer the questions.
• Discuss the answers with the whole class.

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Accountability
• Taking direct responsibility
• Taking action to make amends
• Allowing communities and victims to actively
determine sanctions
• Encouraging the offender to feel an obligation
to the victims
• Permitting the victims and the community to
set community standards for behavior and
consequences
• Not using punishment
• Not being responsible to abstract institution
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Competency
•
•
•
•

Is a skill that is valued by others
Is more than an absence of bad behavior
Is functioning in a meaningful, positive way
Leaves youth stronger in character, more
connected to community, remorseful, and
empathic
• Is recognizing one’s potential
• Makes caring individuals
• Comes from opportunities to lead, belong,
mentor, contribute, form relationships, make
choices, develop transferable skills
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Public Safety Increases When…
• Offenders monitored & develop internal controls
• Community prevents crime, resolves conflict and
reduces fear
• Community justice is problem-oriented
• Offender time under supervision is structured
• Non-parent adults help monitor offenders
• Partnerships develop for community police
• JJ professionals are resources to schools, groups
• Locked facilities only for youth unsuccessful at
being accountable to victims & communities
• There is a continuum of alternative sanctions
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Restorative Case Plan Activity
• Read scenario.
• With small group, develop 2 appropriate
supervision plan tasks for each goal
(accountability, competency development,
public safety).
• Be prepared to share your task with the
group.

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Balanced and Restorative
Justice Training

Developing Cultural Awareness
Module 3

Objectives
• Define culture;
• Acknowledge the widely diverse cultures in your
communities;
• Explain how a lack of cultural competence
contributes to minority overrepresentation;
• Reinforce how universally shared values cross
cultural boundaries; and
• Demonstrate how the universal values of
restorative justice can help to develop cultural
competence.
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Culture
•
•
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•

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What is it?
How is it expressed?
How many cultures are in your community?
What cultures do you identify with?

Our Cultures


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One County’s Minority
Overrepresentation Issues
Of youth in the category, the % that are black
County(ages 11-17) 33%
Referred for Judicial Handling 58%
Committed to Programs
Placed in Detention
Transferred to Adult Court
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65%
69%
79%

Contributing Factors
From all four areas:
•
•
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•

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Justice System
Socioeconomic Conditions
The Family
Educational System

Potential for Improvement
• By increasing your own ability to work
effectively with people who are different from
you (cultural competence);
• By increasing cultural competence of the
people with whom you work; and
• By increasing minority access and
involvement at all levels

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Activity 3.3
Work in a medium-sized group to discuss:
• What practices in the current system may
impact disproportionately on youth in
communities of color, resulting in this
overrepresentation?
• In what ways might practices based upon
restorative justice values change that?

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Balanced and Restorative
Justice Training

The Role of Victims in
Restorative Justice
Module 4

Objectives
• Describe rights & responsibilities of victims of
crime;
• Understand the physical, emotional psychological
and financial impact of crime on victims;
• Understand immediate, short-term and long-term
effects of crime on victims;
• Understand potential needs of victims; and
• Describe a variety of ways to meet needs of
victims.

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Victims’ Needs Activity
• Read the scenario.
• Answer the questions:
 Describe your feelings about what has
happened to you.
 How do you think others will react to you?
 What do you want or need from law
enforcement and the justice system?
 How might this, change your behavior?
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Needs/Wants of Victims
• To have people recognize how much trauma
they have been through; to express that and
to have it expressed to them;
• To find out what kind of person could have
done such a thing and why it was done to
them;
• To hear that the offender is sincerely sorry or
that someone is sorry on his or her behalf.

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Needs/Wants of Victims
• To be heard;
• To have their needs met;
• To participate in own healing;
• To participate in justice process;
• To receive assistance, compensation,
information, services;
• To receive reparation from offender.

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Needs/Wants of Victims
• To give input at all points in the system;
• To help decide how the offender repairs the
harm;
• To speak directly with the offender, if victim
desires, to let them know how the crime
affected their life, and to learn more about the
offender and crime.

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Responsibilities of Victims
• To participate in the justice process, at some
point;
• To report violations to the proper authorities;
• To support legal change to improve how
justice is done in the future;
• To participate in community crime prevention
activities;
• To participate in administration of justice as a
witness, juror, and volunteer.
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Physical
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•
•
•
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Trauma to body
Bruises
Broken bones
Cuts
Black eyes
Tremors/shaking
Fatigue
Ulcer

• Stomach
pains/aches
• Loss of life
• Pregnancy
• Sexually transmitted
diseases

Emotional
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•
•
•
•
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Fear
Anger
Hopelessness
Helplessness
Insecurity
Sadness
Guilt

•
•
•
•
•
•
•

Shame
Embarrassment
Confusion
Depression
Suicidal feelings
Vulnerability
Powerlessness

Psychological
• Paranoia of others
or of being alone
• Social isolation
• Intimidation by
others
• Crying outbursts
• Inability to sleep

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• Inability to feel clean
and need to bathe or
wash many times
• Depression
• Wanting to die
• Nightmares
• Difficulty having
normal sexual
relationship

Financial
•
•
•
•
•
•

Personal out-of pocket expenses
Loss of wages/inability to work/job loss
Insurance deductibles
Law enforcement costs
Prosecution/trial costs
Costs of jails, camps, institutions, prisons,
and community programs
• Medical costs
• Funeral costs
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Balanced and Restorative
Justice Training
Offenders
Module 5

Objectives
• Describe an approach to reintegration of
juveniles based on relationships;
• Explain the changing role of offender from
villain/victim to resource to their families and
communities; and
• Build skills and connections based upon that
changing role.

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Restorative Offender
Outcomes
• Intervention goals directed at meeting the
needs of the victim and community.
 Demonstrate competency.
 Document offender accountability.
 Show an increase in public safety.

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Victim Lens
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Dysfunctional
Mentally ill
Abused
Damaged, diseased
Ignored, neglected
Victim of “systems”
Learning disabled
Sick, incapable, weak
Cultural issues seen
as illness

 Vulnerable, inevitably
victimized over and
over again
 Will inevitably fall back
into old patterns
 Dependent –needing
to heal –needing
intensive therapy
 Broken, but repairable
 Lost, without direction

Villain Lens






Evil, bad seed
Predatory
Without conscience
Highly intelligent
Selfish, arrogant,
manipulator
 Untrustworthy,
unreachable
 Therapy/treatment is
a waste of time
 Resistant and defiant
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 Dangerous
 Not interested in
changing
 Conduct disordered –
also paranoid, etc.
 Needs to be controlled
and contained
 Fundamentally
different
 Cultural dynamics
misinterpreted

Resource Lens
 Focus is on pro-social skills.
 With assistance, youth and their families can
become resources in and to their communities.
 Differential balance and interplay of all three
lenses predicts the best outcome.
 Villain & victim lenses carry their own truths,
but are inadequate to produce youth who leave
the system with more pro-social skills than
when they came to it.
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Values and Assumptions
 Offenders have something of value to contribute.
 Offenders who take responsibility for their
behavior earn our assistance and recognition.
 Offenders are capable of making up for their
delinquent acts in most cases.
 Offenders have an obligation to their direct
victims and community.
 Offenders need to become more competent
individual members of the community.
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New Roles for Offenders
• Take responsibility for delinquent acts
• Meet with victims and victimized community
• Participate in designing a plan to repair harm
and to develop competencies
• Service provider, not just service recipient
• Citizen

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Balanced and Restorative
Justice Training

COMMUNITY
Module 6

Objectives
• Identify the personal relationship of the
participants to the community in which they work
and live;
• Describe the relationship between a community
and crime;
• Identify the primary roles of the community in
restorative justice;
• Identify the elements of the community- based
restorative project; and
• Determine the stage of relationship of a
community partnership.
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Community
A group of people with a shared interest

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Community of Place
• Crime generally affects those living in the
surrounding geographic area.
• In those communities most impacted by
crime, many residents do not have a lot of
mobility.
• The process of raising children is heavily
influenced by the place in which they are
raised.
• For most people, the sense of safety is
related to place.
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Cycle of
Fear

Crime
More crime

Weakened
community
fabric

Generalized
distrust
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Fear

Isolation

Results of State Involvement
• Professionalized conflict resolution
-Conflicts belong to the state
-Lawyer representation
-Victims isolated
-Offender and system focused

• Disempowered citizens
-Isolated and depersonalized
-Decreased understanding of impact on others
-Making some conflicts invisible
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Mutual responsibility . . .
between individual and community
is the loom on which the fabric of community is
woven

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What the Community Needs:
The community needs and expects:
• Crime to be sanctioned.
• Juvenile offenders to be rehabilitated and
reintegrated.
• The community to be protected.
The balanced approach mission provides
goals and objectives and priorities for practice
aimed at meeting these needs and
expectations.

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Cycle of
Hope

Crime
Prevention

Stronger
community
fabric

Process
which
builds
community

More
connections
Sense of
hope
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Community Roles
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•
•
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Policy development
Supporting victims
Determining the terms of accountability
Implementing the terms of accountability
Staying in relationship with offenders who are
in custody

Stages of Relationships of
Partnerships
1. Justice system operates separately from the
community
2. Justice system provides information to the
community about its relationships
3. Justice system provides information to the
community and asks for information
4. Justice system asks for guidance in doing its
work, recognizes need for help, and places
more activities in the community
5. Justice system follows community leadership
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Balanced and Restorative
Justice Training

Sample Practices
Module 7

Objectives
• Describe a wide variety of programmatic
applications of restorative justice principles,
including:
 Community Service
 Reparative Boards
 Victim Impact Classes/Panels
 Victim Offender Mediated Dialogue
 Restitution
 Circle Sentencing
 Family, Group, or Community Conferencing
 Letters of Apology
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Sample Practices
• Circle Sentencing
• Community Service Work
• Family Group Conferencing
• Community Reparation Boards
• Victim Impact Classes/Panels
• Victim/Offender Mediated Dialogue

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RJ Practices at a Glance
Victim Impact
Panels/Classes

Restitution
Circle
Sentencing

Victim/Offender
Mediation

CONFERENCING
MODELS

Family Group
Conferencing

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Letters of
Apology

Reparation
Boards
Community
Service

Balanced and Restorative
Justice Training
Taking the Vision to Places Where
We Live and Work
Module 8

Objectives
• Determine how restorative justice values can be
applied to other contexts;
• Describe ways to operationalize these values in
other contexts;
• Understand the need to manage change in an
organization.
• Identify skills and strategies needed to help a
group move in more restorative directions; and
• Explain how internal personal work supports
external change.
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Activity 8.1
• Brainstorm a list of settings where people
interact with each other ….where person-toperson relationships are important.
• Review Restorative Justice values from
Module 1 and relate them to the settings
above.

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Activity 8.2
• What would a restorative _________ look
like?
• What restorative practices or processes could
be an effective part of how this group
functions?
• What would be the first steps to take to help
move a __________ toward a more
restorative way of work?
• Who would be involved?
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Organizational Culture
Set of basic assumptions which members
of a group invent to solve the basic
problems of:
1) physical survival in the external
environment (adaptation); and
2) social survival in the internal environment
(internal integration).
Schien
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Culture allows employees,
students, members to …
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•
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•

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Feel comfortable;
Establish meaningful relationships;
Understand what it takes to be successful;
Enjoy competence.

Components of
Organizational Culture
• Artifacts
• Values
• Basic Assumptions

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Personal Introspection
As important as the organizational culture is,
internal culture is even more vital.
Taking time to listen to one’s own mind and
heart are very important.

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Change as an Evolution
“ It is not the strongest of the species that
survive, nor the most intelligent, but the ones
most responsive to change.”
Charles Darwin

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Janssen’s Four Room Apartment

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CONTENTMENT

RENEWAL

DENIAL

CONFUSION

Readiness for Change Audit
• Which stage is your organization ?
 Contentment
 Renewal
 Denial
 Confusion

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Assumptions Underlying Change
• Change is a process, not an event
• Change is by individuals first
• Change is a highly personal experience
• Change entails multilevel development and
growth
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Assumptions Underlying Change
• Change must be presented in concrete and
practical terms.
• Change facilitators should approach
individuals systematically.
• The real meaning of any change is the
human component.

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Balanced and Restorative Justice
Training

First Steps in
Strategic Action Planning
Module 9

Section Nine Purpose
• The purpose of this section is to assist
participants to develop the first steps of a
plan of action.

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Objectives
• Assess your local jurisdiction’s
progress/readiness to move toward a
restorative framework or model.
• Identify a priority goal for your local
jurisdiction/organization and determine first
actions toward achieving this goal.
• Select appropriate participants for the action
planning process and describe the potential
benefits/losses to each of the participants.
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Objectives
• Determine the impact of stakeholders on
proposed changes in your jurisdiction and the
extent to which these stakeholders will aid or
impede the process.
• Implement first step actions within an agreed
upon time frame, and continue action plan
process with key stakeholders in your
jurisdiction.
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Strategic Planning Overview

• System Analysis
• First Steps Action Planning
• Stakeholder Identification and Analysis

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Action Planning Areas
• First Directions - Initial Goals/Action Steps
• Who Are the Stakeholders
• Potential Benefit or Loss to Stakeholders
• How Will Each of the Stakeholders Be
Involved in Planning
• Communication Mechanisms
• Complementary Collaboration
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