Restorative Justice Restorative Justice ProgramsPrograms

Alternatives to Traditional Alternatives to Traditional SentencesSentences

What Restorative Justice does…What Restorative Justice does…

It puts the emphasis on the It puts the emphasis on the wrong donewrong done to a to a personperson as well as on the wrong done as well as on the wrong done to the to the communitycommunity..

It recognizes that crime is both It recognizes that crime is both a violation a violation ofof relationshipsrelationships between between specific peoplespecific people and an offence against and an offence against everyoneeveryone..

The GOALThe GOAL

The goal is to "restore" the relationship, fix the damage that has been done and prevent further crimes from occurring.

They seek healing, forgiveness and active community involvement.

It requires wrongdoers to :It requires wrongdoers to :

recognize the harm they have caused

to accept responsibility for their actions and

to be actively involved in improving the situation.

make reparation to victims, themselves and the community.

When does it “kick in?”When does it “kick in?”

The programs can take place at different times after a crime has occurred…

sometimes after charges have been laid;

sometimes after an accused has been found guilty of an offence.

Restorative justice can only take place when:Restorative justice can only take place when:

An offender admits guilt and accepts responsibility for his or her actions.

The offender agrees to participate in the program.

The victim of the crime freely agrees to participate in the program, without feeling pressured to do so.

Trained facilitators are available in the community and a restorative justice program is in place.

Common typesCommon types

Victim-offender mediation

Family group conferencing

Victim-offender panels

Specific / Unique TypesSpecific / Unique Types

Sentencing Circles (Aboriginals)

Extra-judicial sanctions (Youth)

Victim-offender mediationVictim-offender mediation

a face-to-face meeting between the victim and the perpetrator the presence of a trained mediator Victim gets to explain how they feel and

felt, their version and the impact of the event.

Then the offender presents his/her version of the event, their feelings, an explanation and remorse.

Both agree on appropriate restitution or punishment

Page 291

Family group conferencing

Similar set up as V.O.M. much wider circle of participants family members, police, social worker,

community support groups and lawyers. Mostly for juveniles Each side can question the other. OFFENDER presents an offer of restitution. Discussed and negotiated. If restitution is NOT followed, then case

returns to court. Page 292

Victim-offender panels

The victim or offender is unwilling or unable to meet the other.

Unrelated victims and offenders linked only by a common kind of crime. (MADD with drunken drivers)

The panel may expose offenders to the harms that they have caused by providing an opportunity for the parties to speak about their experiences.

Page 293Page 293

Sentencing Circles (Aboriginals)

Similar to family group conferencing but for Aboriginals.

See HANDOUT (& page 293)

Extra-judicial sanctions (Youth)

young personsyoung persons can be diverted or can be diverted or kept out of kept out of the youth criminal justice systemthe youth criminal justice system..

If the If the police decidepolice decide to use one of these to use one of these measures, they will not lay a chargemeasures, they will not lay a charge

The accused will The accused will not have to go to courtnot have to go to court.. Some extrajudicial measures allow offender Some extrajudicial measures allow offender

and people who have been affected to and people who have been affected to participate in the decision-making. participate in the decision-making.

Offender must agree to participateOffender must agree to participate in any of in any of these measures OR offender always has the these measures OR offender always has the choice of going to court. choice of going to court.

Extra-judicial sanctions - When?

Accused a Accused a first time offenderfirst time offender The offence is The offence is non-violentnon-violent Accused Accused agrees and willingly agrees and willingly

participatesparticipates.. Offender would Offender would normally have to go to normally have to go to

court for their offencecourt for their offence.. Crown/police decides this is the Crown/police decides this is the

approach they wish to pursue.approach they wish to pursue. P. 320--321P. 320--321

Possible Sanctions

attending and taking part in attending and taking part in counsellingcounselling; ; making making restitutionrestitution (payment of money or (payment of money or

returning property) to the victim, if there is one; returning property) to the victim, if there is one; making a making a donation to a charitydonation to a charity; ; doing some doing some work for or helping out the victimwork for or helping out the victim in in

some way, for example, gardening or shovelling some way, for example, gardening or shovelling snow; snow;

apologizingapologizing to the victim (in person or in writing) to the victim (in person or in writing) and and acknowledging the harmacknowledging the harm you have caused; you have caused;

doing doing community service for a non-profit community service for a non-profit agencyagency; ;

writing an essaywriting an essay about your behavior. about your behavior.