Restorative justice is based on the theory of repairing the harm caused by criminal behavior. It is a cooperative process that includes all the stakeholders: the community, the victim(s), and the offenders(s). The approach utilized to achieve the outcomes differs depending on the offense, the cooperation of the victim, and the cooperation of the perpetrator.
As a volunteer participant and trained victim/offender mediator for the St. Croix Valley Restorative Justice Program, I have had the opportunity to participate in three different approaches to applying this theory: victim empathy seminars, victim offender conferences, and underage consumption panels. Below is a brief description of each approach.
At the St. Croix Valley Restorative Justice Program (SCVRJP), the basis of the victim empathy seminars and the underage consumption panels are conducted utilizing the Native American process of circles. According to the website Restorative Justice online:
“Circles are found in the Native American cultures of the United States and Canada and are used for many purposes. . . . 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.”
In SCVRJP’s model we use a talking piece that is passed around the circle. Only the person holding the talking piece may speak. This gives everybody the opportunity to listen and provides a nonconfrontational means to speak. The participants do not speak to any one member but rather to the center of the circle. The circle allows all persons involved (whether it be the offender, a community member, or a victim) to express their thoughts on the topic. This can be from a community member talking about how the crime affected him or her as a community member or the offender speaking about why he or she may have committed the crime. The key to success in this type of offender program is that is it voluntary. All persons are there under their own choice and have not been coerced in any way.
The victim empathy seminars are conducted over approximately a 4 hour span. The participants I have dealt with were juvenile offenders. They usually attend with a parent. The offender, community members, parents and the “keeper” of the circle all participate in the process. Each person gets an opportunity to speak about the topic that the keeper has chosen for the group while passing around the talking piece. Since there is no confrontational behavior allowed, it allows all participants to speak freely.
The underage drinking panels are also conducted within the circle. While there is an educational element to these panels, each of the offenders and participants speak about their experience. It provides a safe environment for expression, especially for the offenders. It is rather surprising that the offenders are very open and sincere in their participation in these panels.
The victim-offender conferencing requires some formal training. The purpose of these conferences is to bring together the victim of a crime and the offender who committed the crime. It requires that the facilitator(s) prepare both the victim and the offender for the conference through visits prior to the actual conference. This again is not a confrontational environment but rather a place where the victim expresses the harm caused by the offender’s behavior. The offender has a chance to explain what happened and perhaps offer an apology. It can be a highly emotional experience. It is an incredible healing process.
Finally, SCVRJP is always looking for volunteers. You, too, can be part of this process. You can contact Kris Miner, Executive Director, St. Croix Valley Restorative Justice Program.
Go ahead—get involved or find one in your area.
From co-Author:
Liz Hurley-Felling, Criminal Justice/Paralegal Studies Instructor
Eagan Campus