Using Restorative Justice Principles in YouthworkElizabeth Raile, M.S.Beltrami Area Service Collaborative and MN Department of Corrections

Delinquency Intervention Program

• Supervision for youths adjudicated for petty offenses

• Pre-adjudication diversion programs

June 2012- Community Crime Prevention Grant

• Restorative Programming

When a young person causes harm, what do they need most from adults?

Why Do People NOT Break the Law/Rules?

• Incentives (Rewards)

• Sanctions (Consequences)• Certainty of punishment• Speed of punishment• Severity of punishment

• “…motivation to cooperate with others, [which is] rooted in social relationships and ethical judgments.” (T.R. Tyler, 2006).

“HUMANS ARE SOCIAL CREATURES”

What do we know about young people?• Under-developed

brains• Immature• Irresponsible• Lack sufficient

ability to understand broad concepts

• Impulsive• Extremely

vulnerable to peer pressure

When a young person causes harm, what do they need most from adults?

Punishment• 1980s- Drastic rise

in juvenile crime• PUNISH PUNISH

PUNISH!• Perceived threat to the community• Belief that “offenders” are incapable of change• Belief that victims want more PUNISHMENT!

RETRIBUTION• Definitions: • Punishment • Vengeance • Something justly deserved• Something given or demanded for repayment• Recompense

The Retributive Lens

THE QUESTIONS ASKED:

1. What laws/rules were broken?

2. Who did it?

3. What punishment do they deserve?

(Where are the relationships?)

Labeling and Dis-Integrative Shaming

Labeling• “The person becomes

the thing he is described as being.”

Dis-Integrative Shaming

• PERSON focused• LABELS the person• STIGMATIZES the

person

RESTORATION

• Definition(s):• Bringing back to a former position or condition• Returning to a normal or healthy condition• Reinstatement

The Restorative Lens

THE QUESTIONS ASKED:

1. Who has been harmed?

2. What are their needs?

3. What are the obligations and whose are they?

(HERE are the relationships!)

RESTORATIVE JUSTICE1. Crime causes harm to real

people, directly and indirectly.

2. The person responsible for causing the harm creates an obligation to make things right to those negatively affected.

3. Once the person has taken action to repair the harm, the community must re-accept the person as a pro-social part of the community.

ACCOUNTABILITY

• Definitions:• Answerability• Liability• The expectation of “account-giving”

RE-INTEGRATIVE SHAMING

• BEHAVIOR focused• RESPECT for the

offender• Avoids LABELING• RE-ACCEPTS the

offender

RESTORATIVE JUSTICEIN PRACTICE

• Reliant on the participation of and conversation amongst all stakeholders in the incident of harm• Victims• Offenders• Community

• Intended to• Increase community

safety• Increase accountability • Increase competency

RESTORATIVE PRACTICES• Victim Empathy Seminars• Victim Impact Panels

• Family Group Conferencing• Peacemaking Circles• Sentencing Circles

• Victim-Offender Mediation• Restorative Group Conferencing

RESTORATIVE GROUP CONFERENCING

• Youth responsible for harm

• Parents/guardians• Person(s) harmed by

youth’s actions• Support individuals for

youth and victim(s)• Strategic and supportive

resources for youth and victim(s)

• Community volunteers

• OUTCOME: Signed Agreement reached by consensus

Through Restorative JusticeTHE VICTIM

• Is actively involved• Can tell their story• May ask questions• May find/experience

community support• Can participate in

deciding the appropriate outcome!

Through Restorative JusticeTHE OFFENDER

• Is actively involved• May tell his/her

story• MAY APOLOGIZE

APOLOGIES IN TRADITIONAL JUSTICE SYSTEM

Through Restorative JusticeTHE OFFENDER

• Is actively involved• May tell his/her

story• MAY APOLOGIZE• May find/experience

community support• May learn real

accountability and EMPATHY for others

EMPATHY AND YOUNG PEOPLE

Through Restorative JusticeTHE OFFENDER

• Is actively involved• May tell his/her story• MAY APOLOGIZE• May find/experience

community support• May learn real

accountability and empathy for others

• CONSTRUCTIVE role in the community

Looking at youth through aRESOURCE LENS• Capable and Competent

• Possessing skills, attributes, abilities• Capable of developing pro-social skills

• Capable of making and meeting positive goals• Energy can be harnessed in a positive direction

• Able to bond, and be accessible to positive influences• RESOURCES in and to their community!

WHEN A YOUNG PERSON CAUSES HARM, WHAT DO THEY NEED MOST FROM ADULTS?

RESTORATIVE PRACTICES TRANSCEND “SYSTEMS”

Restorative Practice in the Justice System

• Prevention and Early Intervention

• Diversion• Pre-Sentencing• Probation• Institutions• Parole and Re-entry

Restorative Practices in Education

• Classroom role plays to teach restorative skills

• ISS• OSS• Expulsions• Returns to

programming

Restorative Practices in Social Services

• Prevention and early intervention

• Pre-placement of youth

• Institutions• Reunification with

family

COLLABORATION!

QUESTIONS?Thank you!

Elizabeth RaileDelinquency Interventionist

619 Beltrami Avenue NW Suite 200Bemidji, MN 56601

(218) 333-4218elizabeth.raile@co.beltrami.mn.us