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Hannem, Stacey and Petrunik, Michael G. Canada's Circles of Support and Accountability: A Community Justice Initiative for High-risk Sex Offenders

In 1986, legislation that was designed to keep high-risk offenders away from the public actually created a loophole that allowed certain high risk offenders to be released at the conclusion of their sentence without any community supervision requirement. Canadian authorities realized that releasing high risk offenders, especially those convicted of sex crimes against children, into a fearful and hostile community would not serve the public interest. As such, the COSA initiative came about with the understanding that community protection can be enhanced by a restorative approach that combines offender reintegration with a concern for public safety. The development of this approach in Canada came about as a result of public outcry following a high-profile case in which a released sex offender killed a child. COSA works by uniting four to seven trained team members in a covenant with a high-risk sex offender in order to provide the offender with assistance obtaining work, housing and recreation, social assistance, and community resources. The criteria for successful COSA’s include open communication between COSA team members and the criminal justice system. The COSA model requires a careful balance between reintegration and risk management concerns, but the effort provides enhanced community safety and valuable community reintegration services that help keep offenders from recidivating. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Schweigert, Francis J.. Underlying principles: The spirituality of the circle

In exploring the nature and purpose of processes with participants arranged in a circle, Schweigert first points in general to the significance of the circle in human life. He then examines the particular significance of circles in Native American tradition and experience. The discussion touches on key aspects of Native American spirituality and on specific elements of circle processes in Native American cultures.

Percival, Christel Skinner. Testing Braithwaite's Theory of Reintegrative Shaming Through Data on the Circle Sentencing Program in the Yukon

Hypotheses based on Braithwaite’s (1989) theory of reintegrative shaming were analyzed through data on the circle sentencing program in the Yukon Territory (Canada). Circle sentencing was introduced in 1992 primarily for sentencing First Nation (Aboriginal) offenders. Secondary data were collected on the outcome for 164 offenders and 10 communities who were involved between 1992 and 1997. Recidivism data were collected on offender contacts with the justice system for three years following initial circle sentencing. Fifty-three percent of offenders were convicted of further crimes. Recidivism increased to 68% when criminal charges and/or days incarcerated were included. Interdependency characteristics of offenders were predictor variables: age; gender; marital status; educational level; and employment status…. None of the regression models were found to be significant. Therefore, Braithwaite’s (1989) theory did not describe the circle sentencing program practiced in the Yukon. Limitations of the application of theory may include: 1) lack of opportunities and resources for offenders; 2) alcohol use by 95% of the population; 3) inadequate follow-up and support; 4) failure to adequately shame (accountability); and 5) historical and cultural damage. Community participation in planning initiatives would ensure innovations reflected community needs. Additional explanations could be the unique characteristics of the Yukon communities, especially with high levels of population mobility and population changes. Author’s abstract.

Lilles, Heino. Circle sentencing: Part of the restorative justice continuum

Circle sentencing is one of many restorative justice practices. It seeks recognition of the needs of the victim, community involvement, and identification of the rehabilitative needs of the offender. Unlike some restorative justice practices, circle sentencing participates in and replaces sentencing in the criminal justice system. In this chapter, Lilles studies the nature and application of circle sentencing in the Canadian context. This includes a survey of the circle process and its outcomes (what happens with the offender after the circle, and the impact of the circle on participants). Critical commentary on circle sentencing addresses barriers to implementation, the nature and role of the community, concerns about the victim in the process, issues related to offender participation, and the role of the judge.

Bargen, J. Critical View of Conferencing

A critique of two new criminal justice initiatives, sentencing circles in Canada and family group conferences in Australia, is presented. Sentencing circles in Canada involve a process whereby community members recommend the sentence in cases involving other members of the same community. Family group conferences in Australia allow persons directly affected by crime to actively participate in dealing with the consequences of crime. Both collective and individual accountability for offending behavior. Both initiatives are evaluated in terms of their implications for aboriginal and indigenous communities.

Editor. Interchange: How one volunteer has made a difference

Alice Lynch is executive director of a nonprofit in Minneapolis, Minnesota, that engages social issues affecting women and their families. She also participates in the Restorative Justice Advisory Council, a statewide advisory group to the Minnesota Department of Corrections. On these bases, she volunteered to bring restorative justice to her own neighborhoods in north Minneapolis. This article describes her work coordinating the other volunteers of the Northside Community Justice Committee as they employ the model of restorative circles in dealing with African-American juvenile offenders.

Aharan, Peter and Lewis, Alice. Community Justice Circles and Community Development

The Saint Leonard’s Society of London began an Alternative Measures Program in 1988 in London, Ontario, Canada. This program gives young offenders charged with minor offenses the opportunity to make amends for their behavior outside of the formal court process. Building on the success of this program, in 1995 Saint Leonard’s began to develop the concept of community justice circles. Saint Leonard’s adapted these circles from aboriginal practices to include the participation of members from the young person’s own community and the victim in all aspects of the Alternative Measures Program. With this in mind, Arahan and Lewis describe the principles and operation of community justice circles in relation to community development in London, Ontario.

Wilson, Robin J. Can We Welcome High-Risk Sex Offenders Back to the Community?

The term “pedophilia‿ refers to individuals sexually attracted to children. As Robin Wilson writes, pedophilia incites an enormously high degree of fear and anger among the general population. Even when pedophiles are arrested, convicted, and incarcerated, the vast majority of them in Canada and the United States eventually serve their terms and return to society. It is in this context that Wilson asks what can be done with “high-risk‿ sex offenders who return to our communities. To explore the possibilities, he discusses a successful program for released sex offenders in Canada called 'Circles of Support and Accountability,' a collaboration between the Canadian government and the Mennonite Central Committee of Ontario.

Huculak, Bria. A Story of a Peacemaking Circle

What are the advantages of using a Circle approach or process to address criminal offending? How does a Circle process differ from a traditional courtroom? These are questions illuminated by this restorative justice resource paper by Bria Huculak, a judge of the Provincial Court of Saskatchewan in Saskatoon, Saskatchewan. In the paper Judge Huculak describes the nature, structure, and purposes of peacemaking circles. She points out how they are different from traditional court proceedings. Additionally, she notes that circles are being used for a range of offenses and in a variety of settings. To illustrate the use of a circle approach, she sketches the context for and outcomes of a peacemaking circle employed to address an actual robbery case in which violence was threatened.

Pranis, Kay. The little book of circle processes.

Circles draw on Native American traditions and ancient teachings, but different types of circles have come into use today for a variety of purposes. Typical elements of a circle include opening and closing ceremonies, a talking piece, a facilitator or keeper, collectively established guidelines and consensus decisions. Modern ideas of democracy and inclusive speech relate to the value of equality and the opportunity for participants both to give and to receive from others. The philosophy of circles also emphasises connectedness. The four relational elements of a circle are based on the Medicine Wheel. As well as providing an overview of values, historical context, and components of circles, Pranis’ book discusses ways that circles may be organised. Several examples of various types also reflect the importance of story telling in circle process.

Schwartz, Melanie. Opening a Circle of Hope: The NSW Government Review of Circle Sentencing.

Circle Sentencing was introduced in Nowra, NSW as a pilot program in February 2002. While the law has been one of the primary tools of dispossession and disadvantage for Aboriginal people, circle sentencing aims to empower Aboriginal communities in the sentencing process, create more relevant and meaningful sentences, and strengthen local community through the process. The recent government review of the Nowra circles (the Review) recognises that the trial has been successful not only in breaking the cycle of offending, but has the potential to strengthen Aboriginal communities so that the underlying causes of crime are addressed. (excerpt)

Wilson, Robin J and Prinzo, Michelle. Circles of Support: A Restorative Justice Initiative

Conditional release in Canada has had a long history; however, recent shifts in policy reflect the community’s increasing intolerance for criminal behavior, particularly in regard to sexual offenders. Although maintaining offenders in prison for longer periods of time may satisfy some of the public’s desire for punishment and removal from society, the practice of limiting community supervision is a “double-edged sword.‿ Over the last 10 years, restorative justice has been widely recognized in Canada. Restorative justice is seen as a means to promote accountability of offenders. Restorative justice is defended as a more effective means of crime prevention than punitive approaches. This paper reviews the Canadian penal system and its handling of sex offenders, examines the increasing difficulties faced in community-based management of sexual offenders in Canada, and provides a brief overview of the restorative justice initiative, Circles of Support. The Circles of Support initiative managed by the Mennonite Central Committee of Ontario focuses on the need to engage the community in the offender’s reintegration process. Community volunteers are used to aid in the management of sex offender risk. This paper studied 30, federally sentenced, high-risk sexual offenders released at sentence completion and provided with community support in the form of Circles of Support and Accountability. Results of comparisons between projected and actual recidivism show that the group of offenders included in this analysis were recidivating at a rate less than 40 percent of that expected. This study used actuarial assessment, primarily of static variables, to predict a recidivism rate which was then compared to an actual recidivism rate. I Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org

Mcnamara, Luke. The Locus of Decision-Making Authority in Circle Sentencing: The Significance of Criteria and Guidelines

In the 1990s, circle sentencing emerged as a significant feature in the Canadian criminal justice system among First Nation communities. Circle sentencing involves direct participation of community members in sentencing the offender. This sentencing form combines Aboriginal and non-Aboriginal processes and norms of justice. In this article, McNamara examines the practice of circle sentencing against the background of the continuing demand by many Aboriginal communities for greater autonomy in the administration of justice. Specifically, to what extent does circle sentencing represent a genuine shift from non-Aboriginal sentencing processes, with their cultural foundations and aims, to Aboriginal cultural perspectives and practices with respect to law and justice? McNamara explores this question by considering the potential of circle sentencing to shift the locus of decision-making authority from judges within the criminal justice system to community participants in the circle sentencing process.

Stuart, Barry.. Circle Sentencing in Yukon Territory, Canada: A Partnership of the Community and the Criminal Justice System

This article describes and evaluates a Canadian system for dispute resolution that is premised on restorative justice. Throughout North America there has been an increasing interest in the development of alternative forums for dispute resolution that may more effectively address the needs of victims, offenders, and the community. Concurrent with this has been an attempt to alter the adversarial framework of the criminal justice system. This has included the development and implementation of case processing strategies premised on restorative justice and attempting to secure the participation of communities as partners in the resolution of disputes. One particularly innovative initiative is circle sentencing, which has been implemented in several communities in the Yukon, Canada. This paper outlines the procedure by which cases are processed in circle sentencing and discusses the involvement of the offender, the victim, the community, and the territorial court. The paper also describes several ways in which any community-based processes reliant on mediation and consensus skills can contribute to community well-being. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Paiement, Robert. Peacemaking Circles Pilot Project in St. James Town and Regent Park (Toronto, Canada) Phase Two: January 30, 2005-June 30, 2006. Evaluation Report.

This report provides findings from a process evaluation of the Peacemaking Circles Pilot Project in the St. James Town and Regent Park communities from January 30, 2005 to June 30, 2006. A previous evaluation was completed on the first year of the implementation of the project. The report begins with the historical context of the initiative, an overview and description of Peacemaking Circles, the goals and objectives of the initiative, its structure and the design of the evaluation and a summary of the findings of the evaluation. The remainder of the report focuses upon findings from the evaluation related to both the implementation process and outcomes. (excerpt)

Baskin, Cyndy. Holistic Healing and Accountability: Indigenous Restorative Justice

Writing from an Aboriginal perspective in Canada, Cyndy Baskin draws certain fundamental contrasts between Western-European and Aboriginal approaches to understanding and dealing with wrongdoing. For example, a Western-European approach, as seen in the dominant society and its criminal justice system in Canada, focuses on the offender and his or her individual responsibility for wrongdoing, and emphasizes punishment of the offender as the most appropriate response. An Aboriginal approach emphasizes a collective responsibility for dealing with wrongdoing and seeks healing to restore peace and balance among the community, offender, and victim. In this framework, Baskin discusses her work with Aboriginal sexual offenders using culture-based restorative justice aims and processes, such as circles.

Potas, Ivan and Smart, Jane and Brignell, Georgia and Smart, Jane and Thomas, Brendan and Smart, Jane and Lawrie, Rowena and Thomas, Brendan and Brignell, Georgia and Smart, Jane. Circle Sentencing in New South Wales: A Review and Evaluation

Part 1 presents the background and concept of circle sentencing. The process involves community members and offenders coming together to discuss the offense, the offender, and the consequences of the offense. The goal is to jointly arrive at an appropriate sentence for the offender. This justice process enjoyed success in Canada, spurring officials in New South Wales to adapt the process for use with Australian Aboriginal communities. A pilot circle sentencing initiative was undertaken at Nowra beginning in February 2002. The pilot program had 13 offender participants: 11 male and 2 female offenders. Part 2 reviews the circle sentencing procedures used in Nowra. Eight case examples of circle sentencing proceedings are presented throughout part 2 in order to demonstrate its practice. The case studies describe the circumstances of the offense, the proceedings, the sentence, and the progress reports at follow-up. Part 3 presents program evaluation results for the first 12 months of the programxe2x80x99s operation. Participants in circle sentencing were surveyed throughout 2002. Surveys were completed by community members, defense solicitors, police, prosecutors, the magistrate, defendants, and victims. The evaluation indicates that circle sentencing in Nowra has been effective in many ways. This type of justice model has been effective at reducing barriers between the courts and Aboriginal people; raising the level of support for Aboriginal people; incorporating victim support; empowering the Aboriginal community; offering relevant sentencing options with community support; and reducing recidivism. Part 4 assesses the role of circle sentencing in New South Wales given the success of the first circle sentencing pilot program. Given the positive results of the program, the only deficit discovered was the time commitment required to process an offender through circle sentencing. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.org.

Riestenberg, Nancy. PEASE Academy: The Restorative Recovery School.

The PEASE Academy, a high school in Minneapolis for students recovering from chemical dependency and addiction, has incorporated the circle process and restorative justice principles into its system with much success. These principles have increased student accountability for their actions, opened a forum for dialogue and reflection, and, interestingly, helped staff resolve internal issues. This article examines how the process was integrated into the school’s program, the student response to the circle sessions, and the change in attitude brought about through the restorative process. Abstract courtesy of the Marquette University Law School-Restorative Justice Initiative http://law.marquette.edu/cgi-bin/site.pl?2130&pageID=1831

Boyes-Watson, Carolyn. Seeds of Change: Using Peacemaking Circles to Build a Village for Every Child

Roca, Inc., a grassroots human development and community organization, has adopted the peacemaking circle as a tool in its relationship building with youth, communities, and formal systems. Circles are a method of communication derived from aboriginal and native traditions. In Massachusetts, the Department of Social Services and the Department of Youth Services are exploring the application of the circle in programming with youth and families. By providing a consistent structure for open, democratic communication, peacemaking circles enhance the formation of positive relationships in families, communities, and systems. The outcome is a stronger community with greater unity across truly diverse participants. This article presents the theory and practice of peacemaking circles, the lessons and challenges of implementing circles in formal organizations, and the potential of the circle to support a strengths-based and community-based approach to child welfare. Author's abstract.

Roffey, Sue. Circle Time Solutions as a framework for sharing and supporting

Anyone who has worked with groups will be aware of how certain dynamics can result in one or two people being dominant while others are undermined or even silenced, Many simply become disengaged. Decisions often end up being made by a small or elite group and it is not surprising that others feel no ownership of the process and nothing much changes. The Circle Time framework offers a workable solution to this difficulty. It provides a democratic, pro-active, respectful, reflective and creative approach to consider a wide range of issues affecting a group or community. Circles are most commonly used for school classes but are applicable to any other group. The strength of Circles is that they address values, feelings, self and relational skills within a safe and supportive framework. Familiarity with the principles and practice of Circle Time is important in using this framework for resolving conflict or addressing more challenging issues, such as bullying. In schools Circle Time is a regular activity with a class, taking place at least weekly. Part of its purpose is to raise self esteem and promote a sense of belonging within the group. (excerpt)