The process is now used throughout North America and in other parts of the world for both juvenile and adult offenders and in a wide variety of offences and settings. As with the restorative processes of mediation and conferencing, circles provide a space for encounter between the victim and the offender, but it moves beyond that to involve the community in the decision making process. Depending on the model being used, the community participants may range from justice system personnel to anyone in the community concerned about the crime.
Everyone present, the victim, victim's family, the offender, offender's family, and community representatives are given a voice in the proceedings. Participants typically speak as they pass a "talking piece" around the circle.
The process is value driven. Primarily, it is designed to bring healing and understanding to the victim and the offender. Reinforcing this goal of healing is the empowerment of the community to be involved in deciding what is to be done in the particular case and to address underlying problems that may have led to the crime.
In reaching these goals, the circle process builds on the values of respect, honesty, listening, truth, sharing, and others. Participation in the circle is voluntary. The victim must agree to attend without any form of coercion.
Especially for the native communities, it is important for the offender to have deep roots in the community. Each circle is led by a "keeper", who directs the movement of the talking piece. Only the person holding the object is allowed to speak, ensuring that each person has an opportunity to be heard.
As the talking piece makes the rounds of the circle, the group discusses different topics. In addressing the crime, participants describe how they feel. Police will have already presented the restorative justice option to those affected by the crime. The offender tells the story of what happened, the victim speaks about the impact of the crime, and the group works towards a plan of repair by consensus.
Agreement Phase: The offender pairs up with C4RJ volunteers who offer support as the offender works to meet the obligations agreed upon during the Opening Circle, which may include letters of apology, restitution, service, and reflective exercises. The victim may also request progress reports or updates. Closing Circle: The group reconvenes approximately two or three months after the Opening Circle.
If all are satisfied, the matter is closed and returned to the police. You might agree to help me pick out a new kitten and care for it as part of the sentencing. By doing something for me and for another cat, you help make things right again. Cole realizes that he is also a victim. It is the bad from his past that would make him want to kill a poor small animal. The judge might even take Cole to his personal workshop to let him help build bird houses to return to the animal kingdom what he so recklessly destroyed.
Always the end goal is to change hearts and have both sides forgive each other and become neighbors again. Back to the homepage. What is Restorative Justice?
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