Restorative Justice
Restorative Justice
Programs
Programs
for people affected by crime
for people affected by crime
NSW DCS
NSW DCS
Criminal Justice & Restorative
Criminal Justice & Restorative
Justice
Justice
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¾ Criminal Justice:Criminal Justice:
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¾ What laws have been broken?What laws have been broken?
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¾ Who did it?Who did it?
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¾ What do they deserve?What do they deserve?
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¾ Restorative Justice:Restorative Justice:
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¾ Who has been hurt?Who has been hurt?
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¾ What are their needs?What are their needs?
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A Restorative Justice Vision…
A Restorative Justice Vision…
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¾ 1. Crime is fundamentally a violation of people and 1. Crime is fundamentally a violation of people and interpersonal relationships.
interpersonal relationships.
(crime is more than violation of the law & state) (crime is more than violation of the law & state)
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¾ 2.Violations create obligations and liabilities.2.Violations create obligations and liabilities.
(violations require more than just a finding of “guilt”) (violations require more than just a finding of “guilt”)
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¾ 3.Restorative Justice seeks to heal and put right the wrongs.3.Restorative Justice seeks to heal and put right the wrongs.
(
(justice requires more than just punishing the guilty)justice requires more than just punishing the guilty)
(Mika &
A Restorative Justice Vision
A Restorative Justice Vision
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¾ A Restorative Justice Vision within DCS led to the A Restorative Justice Vision within DCS led to the
establishment of the Restorative Justice Unit (RJU) in establishment of the Restorative Justice Unit (RJU) in
1999 1999..
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¾ Goal: Goal: healing processhealing process for people affected by crime.for people affected by crime.
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¾ Empowering Empowering victim centredvictim centred approach.approach.
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¾ Encourage offenders to take active responsibility.Encourage offenders to take active responsibility.
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¾ Explore what can be done to Explore what can be done to repair the harmrepair the harm caused by caused by the crime.
the crime.
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¾ Ensure Ensure support support so that positive outcomes can be so that positive outcomes can be realised.
Progressive Interventions
Progressive Interventions
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¾
RJU facilitated
RJU facilitated
96
96
interventions to date.
interventions to date.
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¾
81
81
RJ Processes with victims & offenders.
RJ Processes with victims & offenders.
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¾
4
4
Offender Family Group Conferences
Offender Family Group Conferences
with offenders & their families.
with offenders & their families.
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¾
11
11
Workplace Dispute Resolution
Workplace Dispute Resolution
Processes.
81 RJ Processes with victims &
81 RJ Processes with victims &
offenders.
offenders.
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¾ 38 Victim Offender Conferences (face to face)38 Victim Offender Conferences (face to face) ¾
¾ 29 Information Exchanges (parties kept apart)29 Information Exchanges (parties kept apart) ¾
¾ 6 Facilitated Meetings (face to face)6 Facilitated Meetings (face to face) ¾
¾ 3 Victim Offender Mediations (face to face)3 Victim Offender Mediations (face to face) ¾
¾ 2 Victim Family Mediations (face to face)2 Victim Family Mediations (face to face) ¾
¾ 2 Recorded Info. Exchanges (parties kept apart)2 Recorded Info. Exchanges (parties kept apart) ¾
¾ 1 Community Meeting (parties kept apart)1 Community Meeting (parties kept apart) ¾
Participation Requirements
Participation Requirements
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Criminal offence
Criminal offence
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¾
Post
Post
-
-
sentence
sentence
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¾
Offender under DCS supervision
Offender under DCS supervision
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¾
Referrals from victim or offender
Referrals from victim or offender
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¾
Extensive assessment of all participants
Extensive assessment of all participants
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Victim Offender Conference (VOC)
Victim Offender Conference (VOC)
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Most utilised process.
Most utilised process.
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Open to all people affected by crime.
Open to all people affected by crime.
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Structured on 4 simple questions that
Structured on 4 simple questions that
focus on PAST / PRESENT / FUTURE.
focus on PAST / PRESENT / FUTURE.
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1. What happened?
1. What happened?
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2. What has happened since?
2. What has happened since?
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3. Who has been affected & how?
3. Who has been affected & how?
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VOC Benefits
VOC Benefits
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¾ OffenderOffender:: ¾
¾ Actively take Actively take responsibilityresponsibility for their actions.for their actions. ¾
¾ ExplainExplain the context of why they offended.the context of why they offended. ¾
¾ Demonstrate what they Demonstrate what they have donehave done or or can docan do to to address their offending behaviour.
address their offending behaviour. ¾
¾ Demonstrate Demonstrate empathyempathy by acknowledging who by acknowledging who has been affected & how.
has been affected & how. ¾
¾ Meet victims’ needs by Meet victims’ needs by repairing the harmrepairing the harm of of their actions.
their actions. ¾
VOC Benefits
VOC Benefits
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¾ VictimVictim:: ¾
¾ Telling their storyTelling their story: the initial impact of the crime : the initial impact of the crime / how they were informed of the death of a family / how they were informed of the death of a family
member / express how the crime has affected member / express how the crime has affected
them over time. them over time. ¾
¾ Opportunity to Opportunity to ask questionsask questions of the offender of the offender regarding specific details of offence / why they regarding specific details of offence / why they
were targeted / why the offence was committed. were targeted / why the offence was committed. ¾
¾ Requesting the offender to Requesting the offender to repair the harmrepair the harm & & seeing that obligation fulfilled.
seeing that obligation fulfilled. ¾
Benefits
Benefits
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¾ Offenders’ Family / Supporters:Offenders’ Family / Supporters:
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¾ Express own sense of remorseExpress own sense of remorse
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¾ Release guiltRelease guilt
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¾ Rebuild trustRebuild trust
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¾ Feel pride Feel pride
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¾ Victims’ Family / Supporters:Victims’ Family / Supporters:
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¾ Express personal affect of crimeExpress personal affect of crime
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¾ Honouring loved onesHonouring loved ones
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¾ Releasing anger / hatred / loss / grief / sadnessReleasing anger / hatred / loss / grief / sadness
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VOC Outcome Agreements
VOC Outcome Agreements
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¾ When victims feel heard & offenders have taken When victims feel heard & offenders have taken responsibility, a
responsibility, a shiftshift takes place as victims feel takes place as victims feel empowered & offenders feel that they have
empowered & offenders feel that they have fulfilled an obligation to the people they’ve fulfilled an obligation to the people they’ve
harmed. harmed.
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¾ The The conflictconflict created by the crime is greatly created by the crime is greatly resolved.
resolved. ¾
¾ Apologies & Understanding Apologies & Understanding –– even Forgiveness even Forgiveness may be generated (natural process
may be generated (natural process –– not sought not sought by RJU).
by RJU). ¾
¾ Offenders & victims can then Offenders & victims can then negotiatenegotiate an an outcome agreement
VOC Outcome Agreements
VOC Outcome Agreements
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¾ Addressing offending behaviour:Addressing offending behaviour:
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¾ AOD programs AOD programs
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¾ Violence Prevention programsViolence Prevention programs
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¾ EducationEducation
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¾ Future:Future:
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¾ Report from Parole Officer on progress postReport from Parole Officer on progress post-release-release
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¾ Negotiate how victim & offender will interact on releaseNegotiate how victim & offender will interact on release
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¾ Symbolic:Symbolic:
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¾ Participation in remembrance serviceParticipation in remembrance service
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¾ Open offer to meet again / include other family membersOpen offer to meet again / include other family members
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¾ Healing process:Healing process:
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81 RJ Processes with victims &
81 RJ Processes with victims &
offenders.
offenders.
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¾ Murder: 24Murder: 24 ¾
¾ Armed Robbery: 17Armed Robbery: 17 ¾
¾ Dangerous Driving occasioning Death: 11Dangerous Driving occasioning Death: 11 ¾ ¾ Manslaughter: 9Manslaughter: 9 ¾ ¾ Assault: 6Assault: 6 ¾ ¾ Break/Enter: 4Break/Enter: 4 ¾ ¾ Other: 4Other: 4 ¾ ¾ Fraud: 3Fraud: 3 ¾
81 RJ Processes with victims &
81 RJ Processes with victims &
offenders.
offenders.
¾
¾ 44 of 81 (54%) of RJ processes follow death of 44 of 81 (54%) of RJ processes follow death of primary victim.
primary victim. ¾
¾ 70 of 81 (86%) of RJ processes follow violence.70 of 81 (86%) of RJ processes follow violence.
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¾ RJ postRJ post--sentence programs effective in dealing sentence programs effective in dealing with severe violence & trauma.
with severe violence & trauma. ¾
¾ Victims, Offenders & Communities Victims, Offenders & Communities
overwhelmingly satisfied with their experience of overwhelmingly satisfied with their experience of
RJ. RJ.
DCS Family Group Conferencing
DCS Family Group Conferencing
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¾
Families of offenders are “hidden victims”
Families of offenders are “hidden victims”
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Impact of offending & imprisonment
Impact of offending & imprisonment
extends to families
extends to families
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Many issues around offending &
Many issues around offending &
imprisonment & release need resolution.
imprisonment & release need resolution.
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Application of RJ process involving
Application of RJ process involving
offender & their family, friends &
offender & their family, friends &
community, & DCS staff.
Family Group Conferencing
Family Group Conferencing
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Focus on:
Focus on:
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Impact of offending on family
Impact of offending on family
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Causes of offending
Causes of offending
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Addressing offending behaviour
Addressing offending behaviour
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Returning to the community / family unit
Returning to the community / family unit
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Negotiation of ground rules
Negotiation of ground rules
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“We won’t search your room, but….”
“We won’t search your room, but….”
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Family Group Conference
Family Group Conference
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Particular relevance before release
Particular relevance before release
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Easing stress of transition
Easing stress of transition
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Support successful community integration
Support successful community integration
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Resolving family conflict
Resolving family conflict
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Supporting offender competencies
Supporting offender competencies
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Restorative Justice Unit
Restorative Justice Unit
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Contacts: Glenn
Contacts: Glenn
Duhigg
Duhigg
& Kate Milner
& Kate Milner
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¾
L7 Henry Deane Building, 20 Lee St,
L7 Henry Deane Building, 20 Lee St,
Sydney NSW 2000
Sydney NSW 2000
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¾
(
(
tel
tel
) 8346 1054
) 8346 1054
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¾
(email)
(email)
glenn.duhigg@dcs.nsw.gov.au
glenn.duhigg@dcs.nsw.gov.au
¾
