You are here: Home → Resources → Programme Resources → Articles → Circles

Circles

Up one level

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.

Dutil, Jean-L.. "Restorative Practices Seen by the Court"

Quebec, Canada, Dutil discusses a number of principles and practices in Aboriginal communities in Quebec – principles and practices blending Aboriginal patterns and Euro-Canadian criminal justice. Using examples from actual incidents of crime, he refers in particular to sentencing circles and their similarity to traditional Aboriginal responses to wrongdoing (those traditional responses being based on Aboriginal values and philosophy).

Ross, Rupert. Aboriginal Community Healing in Action: The Hollow Water Approach

In response to instances of sexual abuse in an Ojibway community in Canada, a group of social service providers developed an alternate response to the criminal offenses based at least in part on Native principles and practices. The accused may choose the normal criminal justice process or this alternate process. This latter process, involving the offender, victim, family members, and community members, includes criminal charging, the offender's acceptance and disclosure of his or her guilt, a Healing Contract, a Cleansing Ceremony, and often alternate sentencing.

Newfoundland Supreme Court - Trial Division.. A Healing Circle in the Innu Community of Sheshashit

This is the report, attached to a sentencing decision, of a healing circle in a Native community in Canada in response to an assault case. The offender was non-Native, and the victim was Native (Innu). The report details the participants (including the offender and the victim), the principles, the process, and the outcomes of the healing circle for the participants.

Pranis, Kay. Restoring Community: The Process of Circle Sentencing.

This paper presents the peacemaking or sentencing circle as a community directed process, in partnership with the criminal justice system, for developing consensus on an appropriate sentencing plan which addresses the concerns of all interested parties. Peacemaking circles use traditional circle ritual and structure to create a respectful space in which all interested community members, victim, victim supporters, offender, offender supporters, judge, prosecutor, defense counsel, police and court workers can speak from the heart in a shared search for understanding of the event and to identify the steps necessary to assist in healing all affected parties and prevent future occurrences.

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.

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)

Walker, Lorenn and Brady, Kat and Sakai, Ted and Walker, Lorenn. Restorative Circles: A Solution-Focused Reentry Planning Process for Inmates

This article describes a pilot programme in Hawaii using restorative circles in creating transition plans for inmates.

Mills, Linda G. Intimacy and Terror: Making Peace with My Critics

This article describes a restorative approach to dealing with domestic violence. The article was written as a response to critiques of the author’s book, Insult to Injury: Rethinking our Responses to Intimate Abuse (2003). The main criticisms leveled at the author and her book include the charge that she blames women for men’s violence and that her approach to dealing with intimate violence places battered women at risk. In response, the author charges that the mainstream feminist movement has over-relied on the criminal justice system to respond to and prevent domestic violence and that mainstream researchers have not listened to the victims of violence. The author outlines her approach to dealing with domestic violence, which involves a restorative justice framework within two different models: peacemaking circles and healing circles. In both models, those affected by the violence are brought together to confront the violence and learn alternatives to violence. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.

White Earth Band of Chippewa. Title III. Tribal Juvenile Justice Code.

30. “Peacemaking Circle” is a community directed process, in partnership with the tribal court, for developing consensus on an appropriate sentencing plan which address the concerns of all interested parties. Peacemaking circles use traditional circle ritual and structure to create a respectful space in which all interested community members, elders, victims, victim supporters, judge, attorney, police and court workers can speak from the heart in a shared search for understanding of the event and to identify the steps necessary to assist in healing all affected parties and to prevent future occurrences. (extract)

McKinnon, Peter. Squaring the Circle With At-Risk Youth

The Peacemaking Circle project, which involves Crown prosecutors, provincial court judges, social workers and community activists, aims to help youth who have committed criminal offences, along with those likely to come in conflict with the law. In essence, youth participate in a series of meetings to identify issues and problems, devise effective solutions, and track progress. (excerpt)

Anonymous. Kake Circle Peacemaking

In 1999, in an effort to curb youth alcohol abuse, tribal members of the Organized Village of Kake(federally recognized Tribe of Kake, Alaska) established the Healing Heart Council and Circle Peacemaking, a reconciliation and sentencing process embedded in Tlingit traditions. Working in seamless conjunction with Alaska 's state court system, Circle Peacemaking intervenes in the pernicious cycle by which underage drinking becomes an entrenched pattern of adult alcoholism. Today, the program not only enforces underage drinking sentences in an environment where such accountability had been rare, but also restores the Tlingit culture and heals the Kake community.

Boyes-Watson, Carolyn. Circle of Accountability: Being in Circle Outside of Circle.

Peacemaking circles are a method of communication and problem solving derived from aboriginal and native traditions. This summary highlights how circles are used at Roca—a multicultural, youth, family, and community development organization—to open up new possibilities for empowerment through learning how to be accountable to themselves and their community. (author's abstract).

Boyes-Watson, Carolyn. Come Together: Building Community Through Circles

Peacemaking circles are a method of communication and problem solving derived from aboriginal and native traditions. This summary highlights how circles are used at Roca - a multi-cultural, youth, family and community development organization - to strengthen the bonds of community. (author's abstract)

Boyes-Watson, Carolyn. Discovering Their Voice: Empowering Young People Through Circles

Peacemaking circles are a method of communication and problem solving derived from aboriginal and native traditions. This summary highlights how circles are used at Roca—a multicultural, youth, family, and community development organization—to open up new possibilities for empowerment of young people through discovering their own voice. (author's abstract)

Rekhari, Suneeti. “People’s Law” and Restorative Justice: The Success of Circle Sentencing in New South Wales.

Informal sentencing procedures in remote Indigenous communities of Australia have been occurring for some time, but it was in the late 1990s that formalization of the practice began in urban areas with the advent of Indigenous sentencing and circle courts. These circle courts emerged primarily to address the over-representation and incarceration of Indigenous people in the criminal justice system. The first Indigenous urban court was assembled in Port Adelaide, South Australia in June 1999 and was named the Nunga Court. Courts emerging since in other states are based on the Nunga Court model, although they have been adapted to suit local conditions. The practice of circle sentencing was introduced in New South Wales (NSW) in Nowra in February 2002. (excerpt)

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)