Restorative Justice Online Blog -- RJOB http://www.restorativejustice.org These are the search results for the query, showing results 1 to 15. Review: Restorative Justice-Theories and Practices of Moral Imagination http://www.restorativejustice.org/RJOB/review-restorative-justice-theories-and-practices-of-moral-imagination The title alone should draw in the curious criminal justice reader. Just what is Moral Imagination and how is it related to North American justice, philosophy and practice? Amy Levad, clearly a proponent of a better way of doing justice, takes readers on a journey through philosophy and criminal justice practice. In what can readily be found ‘on line’ as her doctoral dissertation for the Emory University Religion, Ethics, and Society department, Levad provides both an overview of criminal justice and restorative justice (RJ) practices and a primer on Nicomachean Ethics and other works by Aristotle. Five unnamed counties in Colorado with RJ programs are the target for a research segment of the book. The book, a bit heavy on the philosophy, serves as a well thought out support of the restorative justice field by a self described Christian social ethicist. Religion is never the focus of the book, but some faith groups are credited for their seminal RJ projects and their ongoing support of a justice which cares for victims and seeks, when appropriate, restoration of relationships over more punitive justice modes. The journey starts with a 32 page introduction which proclaims that criminal justice is in a state of dysfunction or crisis. No one disputes that our nation incarcerates too many and often mindlessly follows sentencing guidelines more than common sense. The Rockefeller era like sentencing mandates and a zero tolerance mentality is condemned with the firm claim that ‘fixing the harm’ RJ is far better that what has been N. American criminal and juvenile  justice in the past half century. Levad concludes that RJ offers “space for vivid and expansive moral imagining that can foster justice as equity in order to respond to the crisis in our criminal justice / juvenile justice systems.” She pulls some of the moral imagination verbiage from the 2005 work by former Eastern Mennonite University professor (and Howard Zehr colleague) John Paul Lederach. The application of moral imagination allows judges, lawyers, probation staff and others to ‘repair the harm’ by seeing crime and conflict as a situation where  those effected by  crimes (victims and the community)  can be best served by the application of the emotion, imagination and perception lacking in what she refers to as the current “nail em - and -jail em” system.

Levad does a good job in sharing the characteristics of the rehabilitative, the retributive, and restorative models of justice delivery. The chart comparing these three R’s (retribution, rehabilitation, restoration) is in and of itself worth study, memorizing and sharing. The majority of the book is a well annotated overview of past and future promise in a narrow field or the much larger RJ, mediation and conflict resolution arena. She offers points of caution where appropriate in a segment on the dangerous uses of restorative justice. This author, now an assistant professor with the St. Thomas University in St. Paul, Minnesota, uses John Braithwaite’s 2002 pyramid of restorative justice to show the needed concerns for public safety and the balance between incapacitation and restoration and rehabilitation.

Unfortunately, footnotes appear in a fashion that interrupts smooth reading. Some pages carry three or four  text lines and fifty lines of footnote or commentary best saved for the dissertation reader and omitted for the book version of this RJ contribution. This worthwhile contribution to the literature could have been published as a two hundred rather than a three hundred page book. The reader is informed and encouraged by the notion that we can do better to repair the harm caused by crime and delinquency with more application of ‘ethical discernment’ and ‘moral imagination.’ Despite the small sample size, she makes and supports her ‘qualified hope for a kinder, gentler, and more individualized twenty-first century justice system’ in an interesting fashion.
]]> No publisher Lynette Parker Correspondent:Eric Assur Book Review 2013-06-19T00:00:00Z News Item Gwent police officer tackles crime by bringing criminals face-to-face with their victims http://www.restorativejustice.org/RJOB/gwent-police-officer-tackles-crime-by-bringing-criminals-face-to-face-with-their-victims From the article on WalesOnline: A police officer is tackling crime in a different way – by bringing criminals face to face with their victims. PC Hayley Nowell became part of the team at Blaenau Gwent and Caerphilly Youth Offending Service (YOS) last year to work on a restorative justice programme. It involves victims of crime meeting the offenders to explain the effect their actions have had. PC Nowell described the tactic as “powerful” and said it has proven results in reducing repeat offending. One victim was so determined to have his voice heard that he requested a conference while the offender was in prison for assaulting him during a brawl, fuelled by alcohol.

Even though the victim appreciated that he had not been a target, he needed to explain to his attacker how the entire family had been affected by the incident.

The YOS said the discussion was “open, honest and respectful” and both felt a sense of “relief and great achievement” at the end of the conference.

Another victim, with his own business, completely changed his opinion towards the schoolboy who damaged his property.

The victim offered the boy an opportunity of paid casual work during weekends to enable him to understand what it is like to work and receive financial reward for a job well done.

PC Nowell said: “Restorative justice gives victims the chance to tell young people how their offending behaviour has affected them.

“They also have an opportunity to ask questions and generally these will include, ‘Why me?’.

“This approach does not suit everyone, individuals must make their own choices.

“However, when both parties commit, restorative work is powerful and our feedback shows that it produces increased levels of victim satisfaction.

Read the full article.

]]> No publisher Lynette Parker Conference Police Country:England&Wales Region: Europe 2013-06-18T00:00:00Z News Item Using restorative justice at the pre-sentence stage of the criminal justice process http://www.restorativejustice.org/RJOB/usingrjpresentence From the article by Ian Marder on TransConflict: Restorative justice is a form of conflict resolution in which those harmed by crime or conflict, and those responsible for the harm, are brought together into communication, enabling everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward. The restorative justice movement is making waves in schools, community services, post-conflict societies, criminal justice processes and housing and care settings around the world, and the effectiveness of using restorative practices to resolve conflicts in these contexts is increasingly being recognised, leading to its underpinning in national and international legal frameworks. Restorative justice can be conducted safely and effectively at all parts of the criminal justice process, but there are certain advantages which are specific to its use at the pre-sentence stage. This includes, for example, its ability to inform the sentencing decisions of magistrates and judges by giving them an additional opportunity to learn about the state of mind, character and level of contrition of the offender, ultimately leading to a better targeted and more responsive use of criminal justice interventions. Moreover, allowing for restorative justice at this point affords those involved in an incident the chance to resolve the conflict themselves with minimal state intervention. Many jurisdictions, including Australia, Nigeria, the USA, New Zealand and Canada, utilise restorative justice at the pre-sentence stage. For those of us in England and Wales, however, the Northern Irish youth justice process is probably the best known example of restorative justice being fully integrated into the criminal justice process at this time (albeit only for juvenile offenders). Prior to sentencing, the Courts, in almost all situations, must refer cases to the dedicated Youth Conferencing Service, whose job it is to prepare, facilitate and follow up on restorative conferences involving offenders, victims, and the supporters of both parties. A comprehensive evaluation of this process revealed highly positive feedback from participating victims: 81% preferred restorative conferencing to the court process, while 88% said that they would recommend it to a friend. In addition, only 6% of plans were subsequently revoked due to non-compliance by the offender, which is particularly interesting when one considers that 26% of the referrals studied were either for serious offences or very serious offences; of the remainder, 53% were for intermediate offences, while only 21% were for minor offences. Importantly, the discretion of the Courts is not affected in Northern Ireland because they retain the power to reject the agreement made at the conference if they feel that it is more appropriate to impose an alternative sentence.

This process is similar in many respects to that envisaged by Schedule 15(2) of the Crime and Courts Bill, currently making its way through the British Parliament, which specifies that the judiciary in England and Wales may “defer the passing of sentence to allow for restorative justice”. Deferred sentencing, as outlined originally in s.22 of the 1972 Criminal Justice Act, enables the Courts to consider the conduct of an offender post-conviction, but prior to sentencing. Following recommendations to expand its use in the 2001 Review of the Sentencing Framework, deferred sentencing appeared most recently in law under Schedule 23 of the 2003 Criminal Justice Act, which extended the definition of the word “conduct” and outlined a variety of requirements which the Courts can order of an offender whose sentence has been deferred.

Read the full article.

]]> No publisher Lynette Parker Court Diversion Country:England&Wales 2013-06-17T00:00:00Z News Item Restorative justice: A primer and exploration of practice across two North American cities http://www.restorativejustice.org/RJOB/adlerandillinois From the white paper published by the Adler School Institute of Public Safety and Social Justice and the Illinois Coalition for Immigrant and Refugee Rights: ...The purpose of this paper is threefold. First, it provides a brief overview of the philosophy of restorative justice, the range of practice, and the evidence base behind the practices. Second, it provides an overview of how restorative practices are currently being used in two very different metropolitan contexts, Chicago, IL and Vancouver, B.C., Canada. This case study approach is used to draw out the different ways that formal systems and policies encourage or limit the potential of restorative practices. Third, it recommends expanded research, policy, and practice agendas that could further mainstream and align restorative justice in more formal ways. Ultimately, we hope this paper will be a useful primer and tool for practitioners, researchers, advocates, lawmakers, lay people and justice professionals alike. We highlight the core elements and philosophies of the practice, provide an initial analysis of how those characteristics and philosophies are currently being implemented, and discuss ways in which they can be expanded. ...This section provides examples of how restorative justice processes are implemented in two very different metropolitan areas. The Institute on Public Safety and Social Justice (IPSSJ), in collaboration with Illinois Balanced and Restorative Justice Project (IBARJP) conducted a pilot restorative justice inventory of practitioners in both the Chicago area and in the Vancouver, B.C. area (lower mainland B.C.). These two areas were chosen to contrast in a case study comparison precisely because the contexts are very different.

...Online and phone survey data were collected from organizations in each area known to implement restorative justice processes. In the case of Vancouver, organizations were identified through a list stemming from an area conference that organized restorative justice practitioners. In Chicago, IBARJP identified practitioners to participate in the inventory process based on an established history of practicing RJ and active involvement in current citywide RJ initiatives. Semi-structured interviews were conducted with Chicago area organizations in addition to some online survey data collection. In total, 33 practitioners in the Vancouver area participated in the survey, while 18 in the Chicago area participated, representing 20 distinct initiatives. 

...Vancouver area practitioners have a longer history implementing restorative practices, as respondents indicated their organization had been using restorative practices for a median of 11 years, compared to 8 years in Chicago. A major difference between area practices is that Vancouver respondents and their respective organizations were almost entirely focused on restorative practices, as opposed to Chicago, where restorative practices are more likely a small percentage of what the organization does. For example, 85% of Vancouver area respondents reported that 100% of the organization or practitioner’s time is focused on restorative justice. By contrast, only 17% of Chicago respondents represented an organization or practice that was solely focused on restorative justice. It is more common for Chicago practitioners to dedicate only a small percentage of their efforts to restorative justice practices (or philosophies). In addition, the efforts of Chicago practitioners were almost entirely focused on using restorative practices with youth. Over 70% of practitioners in Chicago reported working exclusively with youth, while only 22% reported also working with adults and families. By comparison, over 60% of Vancouver practitioners reported using restorative practices with adults in addition to youth.

Download the full white paper. 

]]> No publisher Lynette Parker Country:Canada Country:USA Research 2013-06-14T00:00:00Z News Item Review: International perspectives on restorative justice in education http://www.restorativejustice.org/RJOB/review-international-perspectives-on-restorative-justice-in-education International Perspectives is a North American publication of twelve chapters offered by about a dozen authors with observations regarding the wide array of approaches or applications for what is broadly known as restorative justice (R.J.). Strangely, it quickly appears that many of the articles do not actually examine R.J. in educational settings. The school principal, college residence hall administrator and the teachers who seek out the book to guide them in improving approaches to school discipline or dispute resolution will be disappointed. However, some of the contributions are worthy of reading and reflection, despite the confusing title selection. The first five chapters reflect Canadian authorship. The sixth chapter examines the culture of care in one New Zealand school setting. Perhaps the best chapter is a compact review of R.J. history and application, which lays a foundation for understanding R.J.   Chapter 8, Introduction to Restorative Justice,   makes mention of Australia, Finland, New Zealand, China and Canada. Two  York College,  Pennsylvania (United States) authors also offer brief comment on the various flavors of R.J. (family group conferencing, drug courts, victim offender programs, sentencing circles, truancy mediation, teen courts, etc.).   

The final chapter, Establishing Shalom: A Public Health Approach to Restorative Justice is an intriguing commentary on U.S. and Canadian society vis a vis welfare, income, educational attainment and criminal justice demographic profiles. To suggest that self help type groups or support fellowships with an R.J. flavor be applied to “disenfranchised individuals living on the margins of society” vastly broadens the paradigm shift for what most think of when the term restorative justice is mentioned.  

Equally thought provoking is chapter #11, which challenges the reader to reflect on the careful use of words to discuss what is meant when we refer to accountability, competency development and community protection. This chapter, Words Mean Things, makes worthwhile points through offering a history the juvenile court system and recent code and practice changes in the Commonwealth of Pennsylvania. 

Another chapter hints at the problem of minority overrepresentation, a long standing topic in U.S. justice arenas, in comments on the use of R.J. within the ‘prison gates’ with the indigenous or aboriginal peoples of Canada. 

While the international and educational perspective is not included in the most interesting segments of the anthology, several articles do focus on R.J. in educational circles.  Chapter Five addresses the possible use of R.J. in an elementary school setting.  Another chapter opines on violence in schools.  Most of the chapters offer an overview that is too cursory for the import of the topic being addressed. 

 

This book is offered by a publishing firm sharing the same name as the lead author and contributor, John Charlton. While unusual, this fact should not devalue the merit of some of the contributed articles. After all, in the late nineteenth century another criminal justice reformer, Charles Dickens, published his works in serialized or magazine format. 

 
]]> No publisher Lynette Parker Correspondent:Eric Assur Book Review 2013-06-13T00:00:00Z News Item Boy, those apologies are tough http://www.restorativejustice.org/RJOB/boy-those-apologies-are-tough-1 Recently, I was greatly saddened as I listened to a local leader “make confession and apologise” for some misconduct. I had been part of a team working with the leader and had anticipated the action as the first step of healing and strengthening for our little group. Instead, the short speech was filled with “ifs” and roundabout ways of talking about the fact that there were problems. In fact, it was an act of apology that denied any responsibility. We were all disappointed. As I listened and tried to process my own hurt and anger that grew from the speech, I remembered a story that I had heard on NPR about sociological research into why people don’t apologise.  The researchers found that while the refusal to apologise does carry certain relational losses, there is also an aspect that provides psychological benefits.   According to the story, “Our conventional approach, especially with kids, is to force people to apologise. But, if people are reluctant to apologise because apologies make them feel threatened, coercion is unlike to help – that is if a sincere apology is hoped for.

“Support and love, by contrast, may be a more effective way to counter the feelings of threat involved in an apology.”

Of course, that last line about support and love made me think about restorative justice interventions and how powerful they can be. As a facilitator, I’ve seen offenders who  had previously refused to apologise offer a sincere apology after listening to the victim. But, for the victim’s story to have that impact it has to be told in an environment that cultivates a sense of security and support. Respectful communication and acknowledgement of the other’s humanity goes a long way to facilitating such a safe place for confession and apology to happen. 

Going back to the situation with the leader, our team had tried to create this environment by being encouraging and emphasizing our desire for restoration.  Obviously, we didn’t do that great of a job. But, given the importance of relationships we will keep trying while remembering how important the respectful interaction is for creating a sense of safety and care to help facilitate responsibility and behaviour change.  After all, the point behind any process of confession and apology should be to build stronger relationships and group cohesion instead of punishment. 

 
]]> No publisher Lynette Parker Correspondent:Lynette Parker 2013-06-12T00:00:00Z News Item ‘Restorative justice’ brings closure to Hopkins High School racial insensitivity dispute http://www.restorativejustice.org/RJOB/hopkinsschoolracialinsensitivitydispute From the article in the Golden Valley Patch: Prosecutors have dropped misdemeanor charges against two Hopkins High School students who protested alleged racial insensitivity at the school, and the district has overturned the students’ suspensions, according to a joint statement from the school district and the students' attorney. The actions follow a “restorative justice” process initiated to bring closure to a February confrontation between black students and school officials that led to a student walkout in May. On Feb. 13, Hopkins ski team members dressed up for what they told officials they called “rapper day.” Black students said the ski team members actually called it "ghetto spirit day." The black students complained to school administrators, but school officials said it was too late in the day to do anything.
 
Several black students made posters protesting the school’s actions. Administrators took down the posters because they were not brought to the school office beforehand for approval.
 
The next day, two black students went to the assistant principal’s office and tried to take the posters back. Officials called a Minnetonka Police officer who works in the school, and a police report states one of the students put his hand on the officer’s chest and tried to leave with the posters.
 
In May, 150 students walked out to protest what they saw as unfair treatment of minority students.
 
...The district subsequently agreed to participate in a restorative justice project that included Superintendent John Schultz, Hopkins High School Principal Patty Johnson, the associate principal and the two black students.
 
The students said they didn’t intentionally disrespect school staff and that they just tried to stand up for what they believed was right. The school officials expressed their “commitment to making Hopkins High School a welcoming educational environment for all students.”
 
“For all involved, the restorative justice process was a step in the right direction to promote healing and understanding,” the release stated.
 
“In the spirit of equity,” the district overturned the suspension. Criminal charges were also dropped.
 
“The high school will continue its work around cultural competency and issues of racial bias,” the release stated. “While there is work to do, the students felt that progress had been made and appreciated the opportunity to share their perspectives. All of the participants agreed to continue to work together on these issues.” 
 
Read the full article.
]]> No publisher Lynette Parker School Case:Hate Crime Region: North America and Caribbean Policy Country:USA 2013-06-11T00:00:00Z News Item Nicaraguan Women May Have to Negotiate with their Abusers http://www.restorativejustice.org/RJOB/nicaragua From the article from the Inter Press Service news Agency: Conservative sectors in Nicaragua have launched an offensive against the Comprehensive Law Against Violence Toward Women, seeking amendments including an obligation for women victims to negotiate with their abusers, human rights groups reported. The Supreme Court (CSJ) decided on May 23 to ask the single chamber legislature reform Law 779, which has been in force since June 2012.

The vice president of the CSJ, Rafael Solís, said the Supreme Court believes it is essential to modify Article 46, which prohibits mediation between women and their assailants for the crimes defined in the law. By changing this it is partially admitting a series of appeals lodged against the law, which included calling for it to be ruled unconstitutional.

...The law stipulates that the state and its institutions have a duty to guarantee the physical, psychic, moral, sexual, patrimonial and economic integrity of women. It also punishes any kind of gender-based discrimination, including femicide (gender-based murders of women).

Solís said the CSJ judges decided by consensus that the law should establish mechanisms for mediation between victims and assailants as an alternative form of conflict resolution, in cases where the alleged crimes carry sentences of less than five years in prison.

Mediation is a legal mechanism in the Nicaraguan justice system for conflict resolution in private law, but not in crimes of public law such as those covered by Law 779. In fact, in family law, mediation is only used in cases of property rights, divorce or separation.

...Women’s rights groups repudiate the reform, saying that to require mediation between victim and assailant “revictimises women.”

Juana Jiménez of the Movimiento Autónomo de Mujeres (MAM – Autonomous Women’s Movement) said femicide statistics for 2012 show why mediation should not be required: 13 out of the 85 women murdered because they were female had entered into mediation with their assailants, after reporting them to the authorities.

“Experience shows that far from solving the problem, mediation only gives men an opportunity to organise their revenge, kill the woman and then flee,” she told IPS.

Amnesty International (AI) issued a press release in support of the law. “The violence perpetrated against women and children is what breaks up families, not legislation designed to help victims escape from violence and hold abusers to account,” said Esther Major, AI’s researcher on Nicaragua.

According to figures from the special police units for women, an average of 97 men per day were reported to the authorities for abusing women in Nicaragua in the first quarter of the year, an increase of 30.7 percent compared to the same period in 2012.

Between Jun. 21, 2012, when the law came into force, and Apr. 28, 2013, 6,482 cases were prosecuted under the law, including 17 femicides. A total of 5,726 alleged assailants were arrested, 1,050 of whom were freed because they were deemed to have only committed misdemeanours.

Read the full article.

]]> No publisher Lynette Parker Policy Region: Latin America Case:Domestic Violence Country:Nicaragua 2013-06-10T00:00:00Z News Item Extending restorative justice among young adults http://www.restorativejustice.org/RJOB/extending-restorative-justice-among-young-adults from the Barrow Cadbury Trust website: A new report by the Restorative Justice Council, launched today, recommends that all victims of crime should be offered restorative justice, regardless of the age of the offender. Currently, restorative justice is less available to the victims of crimes committed by young adults (aged 18-25) than victims of crimes committed by young people aged 17, despite its proven benefits to victims and in helping people turn away from a life of crime. The report, Restorative Justice for Young Adults: Factoring in Maturity and Facilitating Desistance, which was produced on behalf of the Barrow Cadbury Trust and Transition to Adulthood Alliance, found that lack of maturity among young adults can impact upon the practice of restorative justice, where there is an increased tendency for young adults to have chaotic lifestyles, dependence on family members, low levels of emotional literacy, difficulties in accepting responsibility and a lack of a sense of agency (or belief that they have the potential to do something positive). The report recommends that restorative practitioners are made aware of these challenges and suggests ways in which each can be handled successfully.

Read the whole post and its attachments.

]]> No publisher Dan Van Ness Training Country:England&Wales Region: Europe Volunteer 2013-06-07T01:00:00Z News Item Limits of school-based restorative justice in reducing school suspension http://www.restorativejustice.org/RJOB/limits-of-school-based-restorative-justice-in-reducing-school-suspension from the entry by Irene Sheppard on Restorativity: ....As I have chronicled in some previous posts, Restorative Practices/School-Based Restorative Justice is being taken more and more seriously as a way to reduce the harmful effects of school suspension. Certainly, when students are being suspended for the relatively minor infractions that compose a great fraction of the reasons for suspension, at least in the Detroit data–verbal abuse, talking back, violations of dress code, possibly even substance abuse–suspension makes no sense, and teaching students to be respectful of others by promoting affective communication and empathy makes perfect sense. Even serious violations of student behavior that do not pose a grave physical danger to others may be perfect candidates for school-based restorative practices. But students seriously threatening others, or contributing to an environment where students are afraid to participate or to study, may be another.  This distinction strikes me as being similar to the concerns of non-school-based restorative justice practices:  that restorative justice should be voluntary and victim-focused, with the safety of the victims paramount.

Detroit and Los Angeles–two school districts with serious behavior issues and suspension rates–are both trying school-based restorative justice in a big way, and measuring the results.   It will be interesting to see the results.

Read the whole entry.

]]> No publisher Dan Van Ness Policy School 2013-06-06T01:00:00Z News Item Restorative justice more effective for serious crime http://www.restorativejustice.org/RJOB/restorative-justice-more-effective-for-serious-crime from the press release by Rethinking Crime and Punishment: ....“Restorative Justice conferencing is more effective in cases of serious crime, particularly cases of violence, than in cases of property theft, or minor incidents. Overall, restorative justice conferencing, reduces reoffending by about 20%, with around 90% of victims registering satisfaction with the process, and indicating that it has helped them in the healing process. “A 2007 UK Ministry of Justice research concluded that there was a 27% drop in reoffending by those who experienced restorative justice across a wide range of offences from less serious juvenile crime through to adult robbery and serious assault, compared with those who took part in the usual criminal justice process.

A 2011 New Zealand research showed a 20% reduction in reoffending, and long term fiscal benefits arising out of 1,500 conferences of $7.6m for the public sector, and $9.9m for the private sector.” Most importantly, 90% of victims registering satisfaction with the process, indicating that it helped them in the healing process.

Read the whole release.

]]> No publisher Dan Van Ness Policy Politics 2013-06-05T01:00:00Z News Item Call for more restorative justice plans http://www.restorativejustice.org/RJOB/call-for-more-restorative-justice-plans from the article by Fiona Gartland in the Irish Times: A restorative programme to help develop conflict resolution skills in west Tallaght in Dublin should be rolled out to all schools in Ireland, former governor of Mountjoy Prison John Lonergan has said. At the launch of a report evaluating the Restorative Practice Programme of the Childhood Development Initiative, Mr Lonergan said inter-community relationships “are at the very heart of the quality of life that people have”. “Unless we have the skills and knowledge” to deal with conflict the consequences, there will be “confrontation, aggression and violence”.

He said the Irish education system was “very much focused on how to make a living” but “it forgets a lot of the things about how to live”.

Read the whole article.

]]> No publisher Dan Van Ness School Practice Country:Ireland Region: Europe Policy Teacher 2013-06-04T01:00:00Z News Item Abuse forum must have 'emphasis on restorative justice' say MSPs http://www.restorativejustice.org/RJOB/abuse-forum-must-have-emphasis-on-restorative-justice-say-msps from the article on STV News: A plan to offer child abuse victims a forum to relive their experiences must be accompanied by an emphasis on achieving justice for survivors, a committee of MSPs has concluded. The Scottish Government wants to establish a National Confidential Forum (NCF) to "provide an opportunity for adults who were placed in institutional care as children to recount their experiences in a confidential, non-judgemental and supportive setting". But Holyrood's Health Committee has previously heard that the NCF "does not go far enough" and could make matters worse if witnesses are asked to relive traumatic experiences without any offer of justice or compensation....

The committee has welcomed Scottish Government efforts to reform the time-bar laws, which limit the time in which proceedings can be brought, and work undertaken on restorative justice.

Convener Duncan McNeil said: "It was clear from evidence we heard that the creation of this forum will not right the many wrongs of those that suffered whilst in institutional care as children.

"However, it is hoped that the forum may give some adults the opportunity to be heard in a safe and confidential setting, which is why our committee is today supporting its creation.

Read the whole article.

]]> No publisher Dan Van Ness Case:Abuse Country:Scotland Region: Europe Support System Victim 2013-06-03T01:00:00Z News Item Building on the One Fund: Victim centered restorative justice for survivors of violent crime http://www.restorativejustice.org/RJOB/building-on-the-one-fund-victim-centered-restorative-justice-for-survivors-of-violent-crime from the entry by Noam Schimmel on Huffington Post: In an outpouring of support, millions of dollars have been raised to help support victims of the Boston marathon attacks and their families. To date, more than 32 million dollars have been raised from individuals, foundations, and corporations by The One Fund.... Victim centered restorative justice - such as that provided by the One Fund - seeks to provide maximal support and rehabilitation to victims of crime. It recognizes that survivors of violent assaults have needs that are not met by the punishment of perpetrators alone, however important and essential such punishment is both as a matter of morality and justice and as a potential deterrent against future crimes.

Unfortunately, the type of ad hoc fund that has been created to support the survivors of the marathon attacks and bereaved families cannot be and is not created for every individual who experiences a similarly catastrophic attack....

Across America there are tens of thousands of individuals who have survived harrowing attacks - different in their exact nature and context but sharing qualities of brutality, extreme suffering and loss, and in many cases trauma, both physical and psychological.

As a society we should ask ourselves what we can learn from our own response to the Boston marathon attacks and how we can grow these efforts and the values they actualize to reach more Americans who need support to rebuild their lives after criminal attacks.

It is never enough to punish the perpetrators of crime, we must always simultaneously reach out to assist their victims and stand with them in their times of greatest vulnerability and need so that they can draw strength from our solidarity, both practical and emotional.

Read the whole entry.

]]> No publisher Dan Van Ness Region: North America and Caribbean Support Case:Terrorism Victim Country:USA Restitution 2013-05-31T01:00:00Z News Item Restorative justice for sexual assault http://www.restorativejustice.org/RJOB/restorative-justice-for-sexual-assault from the entry by Miri on Brute Reason: ....Someone asked me to write about what restorative justice might look like from the perspective of a rape survivor. To be clear, I am not a survivor of rape, although I am a survivor of sexual assault. In any case, I can only speak for myself. But when I think about justice, this is what comes to mind. I would want a perpetrator of sexual assault to have to learn about the roots of what they did. It’s not as simple is “Sexual assault is bad, don’t sexually assault people.” I would want them to understand rape culture. I would want them to understand all of the factors that might have contributed to their decision (because, yes, it was their decision) to sexually assault someone. I would want them to understand that their socialization has prepared them to become a person who sexually assaults people, but that this can be undone. I would want the perpetrator to listen to the survivor talk about what they want through (if the survivor is comfortable). This doesn't need to be a face-to-face conversation, of course, and I don’t think that many survivors would be willing for it to be. It could be an audio- or video-taped recording. It could even be a written account.

....But enough about the perpetrator. What about the survivor?

I think it goes without saying that in a system of restorative justice, there will be no victim blaming. The past “behavior” of a victim should have no bearing on the outcome of a trial. Not even if they had been sexually “promiscuous” (whatever that even means) in the past. Not even if they are a sex worker. Not even if they have committed crimes. Not even if they are an undocumented immigrant. Nothing makes someone deserving of sexual assault, and nothing makes it not worthwhile to pursue justice following an assault.

In a system of restorative justice, a survivor should not have to pursue any legal action that they don’t want to pursue. If a survivor doesn't want to testify, they shouldn't have to. That’s what it would mean to prioritize the needs of the survivor over our desire to punish the perpetrator.

Read the whole entry.

]]> No publisher Dan Van Ness Policy Case:Sexual 2013-05-30T01:00:00Z News Item