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University of Ottawa
Kenneth Campbell

September 11  09/25/2013 Restorative Principles: Definition: A process/ beings together between crime and community To collectively identify and address harm The needs of the victim and community Harm creates obligations Through justice process we heal them Community: we all connected, shared values, interconnectedness The Pillars of RJ 1. Harm and Needs: victim is the focus harm: offence committed needs: victim (focus on victim) community is second 2. Obligation: wrongs and harms results in obligations; offender is accountable and responsible offender: admit, responsible, responsible for act, come together to find a solution community: why did you do that how community failed you 3. Engagement: victim—offender and the community have a significant role in justice process The Who and The How: The how: RJ prefers inclusive, collaborative processes and consensual outcomes Inclusive: victim, offender, community, family members Closure- move one The who: stakeholders: includes victims, offenders and communities of care Communities: people who have common goals- communities of care. To Put Things Right: Addressing harms: Offender to repair harm done to victim Community to repair harm done to victim and offender Restoration, reparation Addressing Causes: Prevention measures Social injustice Offenders as a victim Listening to stories, impact to victim Community programs to repair the harm. Restorative justice becomes transformative Able to move on Transform our communities Different philosophy about crime Up to communities on how they want to address the harm Social injustice Poverty Racism Unequal opportunity Sexism Social exclusion Stigma Restorative justice sees offenders as victims Majority of imamates felt victimized Harm is crime Once harm is done you can go to RJ 5 Key Principles of RJ 1. Focus on the harms and consequent needs of victims, communities and the offenders 2. Address the obligations that result from those harms 3. use inclusive, collaborative process (no one is forces) 4. Involve those with a legitimate stake in the situation 5. Seek to put right the wrong (at the center) Underlying Values in RJ Respect Interconnectedness Individuality Diversity RJ IS NOT Is not primarily about forgiveness or reconciliation Mediation (no) Reduce recvidism or repeating offences no Particular program or blueprint (blueprint) Minor offences or first time offenders New or north American development A replacement for the legal system Alternative to prison Hollow Waters  09/25/2013 Restorative justice program called circling occurs in Manitoba, deals with rape victims. Through basic principles of restorative justice they were able to heal Family tree—generations of rape How long the process takes—effects future generations All restorative justice programs are reaching out to the families Very bureatic criminal justice system Works well in the community because it meshes well with the community.  Restorative Justice: The Rise of Restorative Justice  09/25/2013 --Defining our Concepts Restorative Justice: The Rise of Restorative Justice  09/25/2013  Restorative Justice: “RJ is a process to involve, to the extent possible, those who have a stake in a specific offence and to collectively identify and address harms, needs, and obligations, in order to heal and put things as right as possible” . (Zehr, 2002: 37) Retributive vs. Restorative  CJS  Crime: violation of the law and the state.  Violations create guilt.  Justice: state determine guilt and impose pain (punishment)  Focus: offender is getting what they deserve.  RJ  Crime: is a violation of people and relationships.  Violations create obligations.  Justice: involves offenders, and community members to put things right.  Focus: victim needs and offender responsibility for repairing harm Cases  Cashier robbed at gun point: stole $32 and a car, apprehended and convicted  19- year old stole jewelry and money from the neighbour next door  Rene Durocher: spent 23 years in 17 different pen. Three robberies... Historical Development of RJ  1978: Zehr facilitated victim-offender reconciliation programs (VORPs)  Trends in CJS in 1970-80s:  The loss of confidence in rehabilitation and deterrence theory  The rediscovery of the victim as a necessary party: restitution  The rise of interest in community-based justice Historical Development of RJ  Crime be eradicated by addressing the “underlying causes” of poverty and discrimination…  Use of “war against crimes” in political agenda Restorative Justice: The Rise of Restorative Justice  09/25/2013  Rise in imprisonment in 80s  The Left attacked CJS by labelling them as repressive state  Rise in prisoners’ group and Christian groups  RJ as a new paradigm, to replace CJS not to reform it Restorative Princples  09/25/2013 The pillars of Restorative Justice Harms and needs: victim is the focus Obligation: wrongs and harms results in obligations: offender is accountable and responsible Engagement: victim-offender and the community have a significant role in justice process. The “who” and the “how” The “how”: RJ prefers inclusive, collaborative processes and consensual outcomes. The “who”: stakeholders includes victims, offenders, and communities of care. Who cares about these people and about the offence? How can we involve them? To put things right... Addressing harms: offender to repair the harm done to victim... Community to repair harm done to victim, offender “re”storation, reparation Addressing causes: Prevention measures Social injustices Offender as victims? Five key principles of RJ Focus on the harms and consequent needs of the victims, communities’ and the offenders’ Address the obligations that result form those harm Use inclusive, collaborative process Involve those with a legitimate stake in the situation Restorative Princples  09/25/2013 Seek to put right the wrong (at the hub) Underlying values in RJ Respect Interconnectedness Individuality Diversity RJ is or is not… Primarily about forgiveness or reconciliation? Mediation? Designed to reduce recidivism or repeating offences? A particular program or a blueprint? Primarily intended for minor offences or first time offenders? New or North American development? A replacement for the legal system? Alternative to prison? Restorative Justice Styles  09/25/2013 Types of Program Mediation and community Mediation Victim Offender Reconciliation programs (VORPs) Family group conferencing Circles Truth and Reconciliation commission RJ & reparation for crimes of mass violence Empirical Findings... Mediation and Community Mediation Establishment of community justice centres in 1970 Dealt with minor criminal and civil conflicts San Francisco Community Board (SFCB) Pro-active conflict resolution Reduce fear of crime Workshop for conflict resolution Volunteer based (mediators were selected based on their characteristics with the disputants) Problem with SFCB.... VORPs 1974: Mark Yantzi Core elements: Establishing a safe environment Preparation (time taken for the participants to feel ready Voluntary participation Restorative Justice Styles  09/25/2013 Face to face encounter: mutual agreement Follow up: to ensure all parties are living up to their agreement and to provide support Family Group Conferencing 1989-New Zealand: Family Group Conference Police-led conference in Australia: combining reintegrative shaming and FGC State appointed facilitator Family group decision-making (FGDM) Deals with family violence: use a “feminist praxis” to “interrupt” gendered assumptions Controversial Circles Traditional justice practices of indigenous peoples A circle is an occasion where a community is assembled to discuss matters related to and a resolution for an injustice that took place in their midst. Suitability Preparation A full circle gathering Follow up “Sentencing circle” Circle of support Truth and Reconciliation commission South Africa: post Apartheid Desmond Tutu: head of the TRC, used RJ “A person is a person through other people” Three committee: Human rights committees: select victims and their families to recount suffering and request reparation, no meeting with offender Restorative Justice Styles  09/25/2013 Amnesty Hearings: perpetrator of political crimes revealed their crime for exchange of amnesty Reparation and rehabilitation committee: recommendation to government for victims recovery (ex. 3 billion dollars compensation and only 571.5 millions dollar) Was this commission restorative? Empirical Findings Government funded RJ programs includes evaluative components Rehabilitating the offender Healing victims Restoring communities What Events Trigger a Restorative Response  Last class…. Idea of justice proposed by sharp Justice is not elaborated Incorporate the programs What triggers a restorative response… From some communities its better to approach through a restorative lenses Crimes within communities Harms in relationships Less time consuming and expense. Mass violation of human rights Stages of RJ Referral 1. pre-sentencing: more common in civil cases 2. sentencing participants are empowered to decide upon an appropriate sanction and strategy participants receive guidance from justice professional a judge may need to approve the recommended outcomes usually referred to by a judge youth in New Zeeland: refered to by? Face to face encounters Decisions reached is proportional to crime committed Ie: man drunk whom walked home with his children and they died, when through sentencing circle. Verdict: community service. Didn’t want him in an institution because it wasn’t a fault of his own. Judge override for 3 year sentence 3. post-sentencing What Events Trigger a Restorative Response  meeting in a mediated session after sentencing in correctional facility has no bearing upon the sentence intended to address unanswered questions after a person has already been convicted purpose: looking for closure to be issued transformative justice: transforming how we think about crime as a society and how we will change that. Trigger Events: RJ needs to identify its object or target independent of CJS Who is the target people Most people referred to restorative justice are sent through the CJS system If we want restorative justice to be transformative justice We cant let the CJS refer people to restorative justice ZHER believes that we see restorative justice as an alternative, over years we will be able to change the criminal justice program. ZHER: if we want to be transformative we need to change social inequality, economic unfairness, poverty etc. But can we do this through restorative justice??? Want to switch it around and have restorative justice to be the main aspect and the CJS to be the alternative EX. Marijuana use and alcohol consumption Does CJS and CC address social inequality, unfair economic distribution Some trigger events: Crime Harm Conflict What Events Trigger a Restorative Response  Normative violation Injustice (main trigger event/ our response to injustice) Trigger Event- Crime: Crime: refer to an act that has been designated criminal by the state and is codified within domestic and international law Reactive “alternative” and “oppositional” the staring point of RJ by responding to crime as defined in CJS privilege some harms over others; property crime vs dumping of toxic material in river ie bus example. construct the reductive identities of victim and offender identities, social constructive concepts. (offenders are victims to him/herself) increase the power and status of governing CJS institution and actors Foster non-disruptive behaviour that allows for the maintenance of the political and social status quo. Can we achieve restorative justice? Does this help with transformative justice? No according to ZHER Crime is the starting point for the CJS Once you start restorative justice (been referred here) you give a lot of power to criminal justice officiates. Empowering, entwining, control over offenders in the community Crim is only a symptom of something deeper. Crime will not be the starting point for restorative justice to become transformative justice. Trigger Event-Harm: Harm: criminal and non-criminal suffering Harm could mean something that is not caused in something with relation to another person What Events Trigger a Restorative Response  Restorative justice needs to have a relationship with a person Crime too narrow and harm too broad Ex. Earthquake Ie: apartment earthquake, cannot get ahold of landlord. RJ is a relational approach to justice that depends of real or potential relationships between people How do you deal with harm when there is no one to face? RJ address interpersonal harms Trigger Event- Conflict: Crime is a form of conflict Human right conflicts fit under here Nils Christie: conflict is a form of property that is “stolen” from the communities. As a result communities are deprived from this resource and lost eh ability to creatively address their problems? Take your resources to deal Loose ability to be creative It belongs to community, belongs to relationships, takes resources from community to deal with conflict. Deeper conflict? Residential schools and Canadian government. Ex. Shoplifting But which conflict deserve restorative justice attention Is it necessary to resolve all conflicts? Sometimes it is not possible They cannot put all their resources into talking to everyone Some people get pay offs Sometimes it is really hard to deal with these conflicts Trigger Event: Normative Violation Norms: are group established behavioral codes that guide the activities of individuals belonging to the group What Events Trigger a Restorative Response  Formal (codified law) and informal norms Basing RJ upon normative violation assumes the value of the normative social order Rosa parks Norms are socially and politically constituted codes Even some norms Can be outdated Can suppress certain behaviours RJ must actively and critically asses the norms and harms. Can it trigger a RJ response? Can be a crime, harm, conflict It depends, it can be or can’t be. Could be an informal social construct Sample Cases: Roman polankski: in 2009 arrested for the rape of a 13 year old in 1977. Committed a crime Family group conference Healing circle Victim/ offender How would the media respond to just a mediation circle? Victim can choose what they wanna do Bin Laden Did he show remorse? No.. would this contribute to a possible meeting. Mass-killings Justice? How are close to receive restorative justice to bring us to transformative justice? Do we need a radical change to implement this?  09/25/2013 Paper Choose a restorative justice program and analyze it. Choose a specific component Ie: victim or offender, or crime Introduction, argument etc… Injustice As A Trigger 09/25/2013 Injustice As A Trigger 09/25/2013 What is justice?.. ensuring that the offender gets what he deserves it is a process the actual meaning of justice is embedded in the process state law is reflecting of values in society Crime: is to specific Any people who commit and offence of crime will be subject to the system Decide to send those with minor infractions Harm: isn’t a good point of departure because it is too broad Norms: too broad Conflict: Injustice: best way to enter a transformative justice frame of mind. What is Justice? According to CJS: “state- delivered retributive punishment” According to RJ Restoring the harm Equality in community We achieve justice by focusing on victim needs instead of offender Address the harms in society Suzanne sharp (midterm): social contract, sees justice as fairness. We enter through codified law, but at the same time there are unspoken laws and unspoken norms. Once you apply these everyone would benefit from these laws. Injustice is: breach of the social contract. The more severe the breach the more you get punished. Once the rules are disobeyed. Injustice As A Trigger 09/25/2013 What’s wrong? Different countries= different social contracts. Doesn’t line up as restorative justice because not everything in social contract is harmful. Some social contract harms people. Consensus in society: some people need different services and different ways to approach things. According to Rawl, justice as fairness People regulate their behaviour on the basis of widely accepted rules, that are fair and reciprocal, applying to and benefiting everyone equally and which give each person equal opportunity to act for the sake of their own good. We all abide by rules and regulations The function of society: functionalism theory: what works for society; the unwritten rules. Definition applies only to democratic society Democratic society means individuals have rights and it is a rights based institution. Equal liberty and equal participation Rights based value system : think of the values. Assumption of cooperation and fairness in society. Power of reasoning Why justice: punish people to achieve justice. The idea of justice is important. The point of trigger is injustice. Injustice: there are written and unwritten rules we learn in society The theory of justice does not apply to diverse society. Because there is inequalities Any democratic society because we have different values Belonging to a web of relationships Rowl works best for restorative justice Need to step out of mentality into a new person Veil of ignorance We are all fair to each other Rawls political model of justice is only for modern democracies: individuals are to be provided political equality and liberty. Assumption that we are a homogenous society, but were not. Democracy is majority rules with minority rights He defines society as a system of fair cooperation between free and equal persons Injustice: violations of the rights of equality and liberty Injustice As A Trigger 09/25/2013 When conflict arise: individuals in the conflict must step away from privately held or culturally specific conception of the good, and think in terms of the underlying political values in their society. Judges in our CJS: fair decisions, impartial without favor Judicial system is a human process Political definition of justice and injustice We tend to forget this. We have to get out of who we are to be a person who is fair.- attempt to be impartial. Upholds existing things in society When conflict arises, the people in the conflict should step away from their mindset. In order to be fair we have to create a process of fairness. Need to be as fair as possible in order to judge. RJ…. RJ? How can we apply this? Want to heal the injustice that happens. The injustice cat be entered through this. Through RJ we can continue being equal. It’s a process to get to justice. Restorative justice is more about accountability and needs. As a society we all consent to certain rights. We are aware of the social contract. When we break the contract we are accountable. Categorization of “the other”. Good framework for restorative justice? NO Harbermas: The active participation of agents taking part in a reasonable discussion about what is right and wrong that is the ideal for norm validity (reaching agreement about shared norms). Dialogical process Three communicative requirements: 1. Every subject with the competence to speak and act is allowed to take part in discourse 2. Everyone is allowed to question any ascertain; to introduce any assertion into the discourse, and allowed to express his/her attitude, desires and needs. Injustice As A Trigger 09/25/2013 3. No speaker may be prevented by internal (within the group) and external (within the society) coercion from expressing his rights as laid down in 1 and Gonna bang close the laptop- important terms not the reason Instead of labeling, going to ask for the reason Its through discussion and communications we are contributing to discourse. Combination or rules, laws, behaviours, values. Society is not homogenous: we do not have the same values: there are certain disagreements We need a dialogical process. Must be certain conditions for this dialogue to happen. Believed in the power of reasoning. Providing their point of view; within reason. I.e. smoking example. We should decide why we do not do something, not a higher power. Discourse: practices, rules, regulations that govern something norms is society should be decide by those whom live in society. Everyone has the right to express their opinion. They all engage for coming up with norms. If you can not go there will be a representative for you. Make the decision then announce to the public. The people who come up with the norms- and norms are changing. Through communication that we can create norms Need to create norms by meeting three conditions Reasoning…. Its important, anyone who has the power of reason can come create the discourse. You have to think about the general good; for society. Through this proves the agreement about right and wrong is achieved Injustice is negotiated not pre-set Ex. Mugging: initiate a R.J approach and what injustice occurred is decided during the dialogue. Injustice As A Trigger 09/25/2013 During the dialogue we can make the change. Do not want to see lots of interference by justice officials. Groups come together in programs, whatever punishment they come to they can change to guidelines to how to deal with mugging the next time. As a group they evolve. Through interaction you decided what you should not do. If you do against what people decided it is an injustice. Its not pre-set =, not in codified law. I.e. the family comes together to decided what the youth has done. Example of kid beating up other kid: looking to restore relationship between the family and youth, what needs they have, look at the offender… what happened. … role reversal and decide on the injustice. How do we reach consensus? Talk it out… mediate find out what happened. Reverse the roles, you decide on the injustice. Injustice is decide during the dialogue. We can make our own decisions. But there is issues with his- we are such a diverse society. How about specific needs of participants? Can not focus because your looking to focus on a group level. The idea of reasoning, when you are a reasonable person you do not focus on your emotions. Bracket your emotional feelings, set them aside and try to reach on consensus to come up with guidelines and definitions. Ie: a bit like negotiation, what is the general good, what comes out of it. Does it work with RJ? Quite compatible, more then Rawls. Habermas has more compatibility then Rawl. Set aside your personal views. Problem with RJ? Discussing as a collectivity the needs of the victim may be looked over. Primarily need to focus on the victim. Habermas provided a vision of communication as a way to work towards normative agreement, even to the point of allowing us to decide what is and what is not unjust in any particular situation. Does Habermans’s theory of discourse ethics offer a vision of justice and injustice for RJ programs? Justice: Injustice: No set definition. No yes or no answer—but generally yes it does. Justice and injustice are not regulated. It is constantly changing. Injustice As A Trigger 09/25/2013 Jacques Derrida: deconstruction of the foundation of “laws” and the forces that brings law into existence. Forces: everyday acts of interpretation through which one particular interpretation of justice is disseminated amongst larger public. The dominate forces Law: is a reflection of the economic and political interests of dominate forces in society Interests have been codified into law through a moment of force They codified their interest Many concepts are deconstructable: does not have a natural origin: all have arisen through human interaction, assumptions in specific times and places Can look at the history of different forces in time and see why they came into existence Justice is an “experience of the impossible” Justice: singularity of the others: addressing oneself to the other in the language of the other You can not deconstruct justice. Justice is something to come, it doesn’t exists. According to these theory we will not be able to understand others experiences because we all come with certain experiences. Deconstruction is justice. We all have different understandings, upbringings, assumptions. As soon as we start deconstruction certain meanings of law that’s when we start justice. I.e.: anti-terrorism act War on drugs: Regan era Deconstruction in Justice: It never allows us to settle upon taken for granted assumptions Required to question, to probe, to interrogate common sense Deconstruction denounce injustice Habermas and Derrida: incompatible perspective about communication Injustice As A Trigger 09/25/2013 Derrida: offer guidance that can help RJ programs to foster communication in a more open, critical fashion, to look for traces of power Habermas: provide a vision of communication as a way to work towards normative agreement. probes more into the offenders situation. The social construction of gender equality. Transformative justice to implement restorative justice Community and offender get together= focus on offender For RJ to reach philosophy- need to reach the deeper inequalities Provides a very critical lenses You can bridge these two theories together for RJ Structural problems Justice is negotiated it is not pre set Ability to engage to come up with own guidelines and communications. (Habermas) Social structural problems (Derrida) Many in the system focus on Rawl—he is easier to understand and recommend. Will we be able to reflect justice in our laws according to Derrida? –midterm. The injustice that triggers a RJ encounter is not the full extent of the injustices… but a symptom of larger and deeper harms. C.Wright Mills (1959) “… they do not draw the link between private troubles” of crime commission and victimization and “public issues” of structural disadvantage and inequality.—for RJ to be true, we need to do this.   Midterm 09/25/2013 Oct 23 5 m/c, 5 fill in the blank 10 questions, select 7 bonus questions- 1 mark Reading: the little book of restorative justice*** available online Critical issues: chapters 1,2,5,6,8,9: including the philosopher theories th 4 article not in it. Answers to be what she taught us  Guest Speaker 09/25/2013 Restorative practices is a new concept for the criminal justice program We are all part of a community and we all contribute to the community Need the individuals to be part of the community Traditionally keep people with problems far away from each other Youth criminal justice act 0 tolerance—the impact it had on us. We believed that punishment was going to change peoples behaviour. This is not documentation that this does this properly. If it is not swift and measured there will be no impact on this system. Jail takes away from the adolescent growth that occurs. What is the point…. Video Important for people to understand that we have a bubble something that is going on that others do not know. -- what don’t you know about someone or a situation -- we all react to different things -- restorative practices gets us to a place were we start talking about our bubbles victims are the key to helping young people understand their actions. Youth diversion program Youth use to sit in front of professionals and talk about what they did. 2003- Mediating through empowering two things you have to realized about yourself -- if someone is lying to you, its something your doing wrong because people lie when they feel unsafe. Guest Speaker 09/25/2013 -- most of the time we can get away with lying-- so why wouldn't we -- don't believe in the truth, don't believe it exists, the more time we spend trying to get to a truth we could fix conflict -- spend too much time trying to get to the bottom of things. Why do we search to get to the bottom of things? We are never going to get them to agree what happened. Video of gorilla dancing. – we were focused on what we were told to focus on. Are brain will pick up information that will be useful to us—if it doesn’t prove our points we will not care about it. People will only focus on the ways that prove their points ** your brain is program to view things in one way. What do you focuses on: what they feel. You feel the way you feel. How people impact each other—how they are feeling. People are more adapt to sit down with people when they feel like they are not going to be blamed. This is responsibility taking, this is action, you have to face what happened Through the jail system the never hear the story, they never understand what they have done to their victims. Mend Mending conversations All the work that happens in a circle—you want to know everything. Shame is not a good thing—it is eternalized. The more times you get shamed the more harm you create. Want to use guilt What you think you saw is not actually happening. A lot of foundational stuff The more you start to see the value of something— We need to be focusing on how people feel Guest Speaker 09/25/2013 Positions and Interests How many times in a conflict are people fighting for what is not actually going on Position- what is the imposed solution. Interests- what was driving this, what was underneath this. Our needs and values When we are told to calm down it makes us more angry. – we want people yelling at each other. Stressful, anxious, we feel it. Trying to convince other person whos right and whos wrong. People will calm down when their needs are being met. When you are in a value based conflict they are very hard to solve. Cheap BFV Concerns Hopes Expectations Assumptions Perceptions Beliefs Fears Values 3 fundamental things common ground motivation: what is going to keep them at the table, making sure it doesn’t happen again empathy: getting an appreciation most people believe they do not have anything in common with other people. We find something an expand on it level of control with support in circle Guest Speaker 09/25/2013 do to: authoritarian do not: passive do with: collaborative restorative do for: protective (we do everything for you) restorative focuses is getting underneath this. if we impose solution on people: its not going to work because they didn’t come up with it and now there is someone to blame. We need them to come up with something that will work with them. Old Paradigm Fact finding Investigation Blame Punishment = isolation/alienation/detachment New Paradigm Communication Empathy building Support Relationship buildings =community building deterrence doesn’t work we need to know what the punishments are for deterrence to work. Most kids are not thinking about the consequences The old system has the greatest impact on the marginalized society. Some people are more prone to criminal activity Impacts that happen to people lecture 12 09/25/2013 lecture 12 09/25/2013 Communities Is the concept of community problematic? Us vs. them Race, gender, and socio-economic status. Started in WWII Them is excluded from our universe of moral obligation Social capital: RJ must be more about building communities and creating networks Networks of groups out there that will empower you and those in society. In RJ programs you eventually develop communities so you do not need a definition. (Habermas) you do not need a definition. Through gatherings RJ communities can evolve. They all come together to help each other. You must be there to create a social network to create a social capital. According to social capital model you do not create a community definition. But through social networks you create a way to achieve social capitalism and help the person re- integrate back into the community. How does this prevent further social harm? It empowers the offender—gives them something to look forward too. Active process of identification with others Process through which we negotiate our identities Could be physical or common interest with the group. Im not bound by the fact that I am not something—but by my interests. Through belonging to certain groups of community this is what identity is. As you go through life you regonatite your identity. The more identities you have the more communities you belong to. What does this mean to RJ: not stuck in the stigma, you can regnotaie your identity. You do not have to be the offender and the victim. Model: Suzanne Sharp Communities as becoming: is a dynamic process that takes place within particular social, cultural, economic, political and historical circumstances. Important context. You can redefine what community becomes lecture 12 09/25/2013 Communities defn: any group that shares a common association, geographical location, share common values and experiences, social bond or relationship, relations. idea is once you belong to a group certain people do not belong. Belong to certain groups excludes others from belonging. Creates us Vs. them The idea of community is—definition has changed because people belong to certain groups, share things in common—shared interests. Don’t feel obligated to the other group. Does RJ create an us vs. them Does it exclude certain people from the programs—yes. Moral obligations: It is very difficult to define. How can you approach the definition of community if the specific thing does not interest you. If a harm does not interest you; how can you be engaged in repairing harm in the community. We do not need to involve those whom do not have a legitimate stake in the situation. Community in RJ Micro community: community of care: those most directly affected by a particular harm Intense emotional pain, reduced trust, offender family feels shame, and victim family blames themselves Justice to be done: everyone must be restore to well being Focus on process: the actual RJ program (process is more important than the outcome) Bonded by harm Purist : going through the genuine RJ program. Central focus: victim, offender, community Macro community: defined by geography or membership, not by personal relationships; little emotional connection Crime creates aggregate harms, loss of sense of safety, high neighborhood crime lecture 12 09/25/2013 Justice to be done: specific action to be taken to protect the neighborhood Focus on outcomes: fixing the problems in the community No strong bonded relationship here People here are those who belong to the certain community Maximalist Central focus: focus on community. Possibly ignore the problems of victim and offender. Which from of community is aligned with restorative justice philosophy. We have to find a way to bridge these two theories But we need to focus on micro because at the heart of RJ is the purist society. Get macro to be supportive A theoretical division of what the definition of community is. You still need CJS for certain people whom need to be locked in prison because you can not rehabilitate them. Micro community Pros Process itself is good But at the end you have a happy group of people Cons Can be very expensive process Time consuming To be effective you have to do your research Someone good to collect all the information Macro community lecture 12 09/25/2013 Pros Could address the systematic injustices better Cons Not a concrete focus on victim and offender Defend one model over the other and justify it. Case Study: Daniel is charged with 16 counts involving a number of break and enters, possession of property under, theft under $5000, possession/use of a credit card, loiter at night on other person property and fail to comply. As per recommendation of the prosecutor he is referred to collaborative justice How does RJ programs—micro and macro communities respond to this case? Need to address his needs. Who would hire someone like this Micro: bring everyone affected together, with facilitators. Have them all give ideas and find a bigger social issues. To find a way were they can get to restorative phase and begin to work together and find a way to restore the peace. Macro:  make the offender feel for what he does. Do not necessarily have victims. Most likely given  probation. Working, putting money into a fund. Helping him get a job, or social assistance. Going to  focus on the needs of the community but a main focus on the prevention of crime. More in line with  the ideology with neo­liberalism. You co
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