newsletter of the court-referred restorative justice project - winter 2004 - issue #22
inside this issue
A community-based restorative justice programme that involves groups of crime victims meeting with groups of offenders is to be introduced to prisons in Palmerston North, Wanganui and Invercargill over the next six months.
Brazilians study NZ model
New Zealand's restorative justice experience is proving a resource for other countries, with Brazil the latest country to look at developing its own pilot project.
A group of Brazilians, including judges, policy writers and a prosecutor, recently spent a few weeks in New Zealand studying the court-referred restorative justice pilot and the Youth Court.
"We want to see what is working and what is not working internationally so we can build a better project in Brazil," says Maercia De Mello, a member of the permanent commission of criminal policies in the Brazilian Federal District's Attorney General's office and the director of the Institute of International and Comparative Law.
Maercia first saw restorative justice in practise in Canada and thought "the idea was very good". She went on to undertake research on the project, before organising the trip to New Zealand.
Although the group included a policy advisor from Brazil's Ministry of Justice, whose role would be to draft legislative changes, Maercia believes a pilot project could be developed without law changes, particularly if it was started in the youth courts.
"We have more liberty to do something within the youth courts, and I'd like to do that first.
. "We need to see what fits in our culture as well as our legislation."
Maercia says that it is a good time to introduce the concept in Brazil, where growing numbers of people are concerned about the country's strong leaning towards incarceration. "We don't want to put everyone in prison."
With prison numbers ballooning, Maercia is keen to find alternative ways to deal with less severe crimes, as well as addressing victims' rights.
"Restorative justice would allow the victims to have a voice in the process. If the victim and the offender can work together we will have a better world."
"It is about changing the criminal . s thoughts and the way they see their offending. We also want to change the mentality of people who work in the judicial system.
"The system we have now is not working."
Three of the seven visitors were funded under the Government's Latin America Strategy Fund administered by the Ministry of Foreign Affairs and Trade, one was funded by NZAID and the other three were self-funded.
The visit was a follow-up to a visit to Brazil in March by Foreign Affairs and Justice Minister Phil Goff, during which he and two Crime and Justice Research Centre researchers (Allison Morris and Gabrielle Maxwell) spoke about the New Zealand models of restorative justice.
Sycamore Tree programme: "a journey for them all"
A community-based restorative justice programme that involves groups of crime victims meeting with groups of offenders is to be introduced to prisons in Palmerston North, Wanganui and Invercargill over the next six months.
The Sycamore Tree programme, run by the Prison Fellowship of New Zealand, has been operating successfully at Hawke's Bay Prison for the last three years.
"We've had glowing feedback from our participants," says Jackie Katounas, who has been facilitating the programme in Hastings.
The Department of Corrections is funding an extension of the programme into Manawatu Prison from August, Wanganui Prison from September, and Invercargill Prison from November.
The voluntary programme involves groups of six inmates and six victims of unrelated crimes coming together for eight two-hour sessions. The aims of the programme include:
"Each session covers a specific topic, such as taking responsibility for your actions, forgiveness, reconciliation or restitution," says Jackie (pictured at right).
"We're really noticing a change of heart, a change of attitude amongst the inmates.
"They are getting an opportunity to experience first hand some of those experiences that victims of other crimes have suffered.
"We would hope that by the end of the programme the inmates are better prepared to look at going down the true restorative path and meeting with their primary victim."
Jackie says the programme has also been rewarding for many of the victims that have volunteered to take part.
" Most are coming to a place, or are very close to coming to a place of forgiveness. That can be a huge thing on their part."
Many of the victims involved in the programme are initially motivated to help offenders, "but realise during the sessions that they have buried issues that need to be dealt with. Sycamore Tree helps them deal with those issues"
She describes the programme as "a journey for them all".
During the three years the programme has been running at Hawke's Bay Prison, Jackie has been simplifying and modifying it to better suit New Zealand conditions.
"We received the programme from America. It contains quite a lot of traditional religious theology, and because non-Christian people can participate, we wanted to make sure it could be delivered at a level everyone would understand.
"Without taking away the biblical base, we've simplified it and introduced some Kiwi stories of forgiveness. I' m also looking at ways to incorporate Maori culture into the programme."
The programme was named after the story in the bible about Zacchaeus, a dishonest tax collector who climbed a sycamore tree to get a better view of Jesus. After the pair met, Zacchaeus repented and agreed to pay back his victims.
Prison Fellowship is in the process of developing a comprehensive evaluation of the programme in New Zealand.
Jackie says it is "absolutely wonderful that Corrections have agreed that Sycamore Tree is a programme of value to the point where they're prepared to fund it. That's really exciting for us."
She says that inmates are offered a variety of programmes aimed at "changing their thinking and behaviour - head stuff.
"What we're hearing from the inmates is that Sycamore Tree is a 'heart' programme, in that they are able to make the head and heart connection to bring about change.
"It's all very well to have something in your head, but if your heart doesn't feel that way it's not going to be significant. Inmates are telling us that this is touching their hearts in a special way."
'Most appropriate venue'
An ethnic restaurant might seem like an odd place to hold a restorative justice conference. But the restaurant, which was the workplace of the offender's father, was the most appropriate venue for the victims of one city burglary and the family of the offender.
The conference was held from 10pm to 1am when the restaurant was closed - with three different languages being interpreted between the victims and the offender's family. Janet's house had been broken into while she was away on holiday with her three homestay students. On their return, the students set about trying to track down some of the stolen equipment, chancing upon one of their laptops in a computer repair shop.
The offender had taken it to the shop because he could not get round a password. The police were called and waited for the offender to return and pick up the computer.
Janet (not her real name) says the offender, who was a friend of one of the victims, knew she was going on holiday.
The conference had helped the student victims as well as Janet. The language barrier had been difficult, but the conference was well facilitated to ensure everyone understood what was going on.
Janet believed the offender had not acted alone and was trying to protect another person. "It was really good to be able to sit across the table and eyeball him and ask why."
Janet also found it useful to be able to ask the offender to do some work for her to make up for his crime.
"I have forgiven the boy and we've moved on. A lot of people hold on to that anger. But for him to come back and do something on my property and look me in the eye was hard. I firmly believe in restorative justice. I think it's wonderful. I've got a lot of praise for it."
Thought-provoking conference
A range of thought-provoking papers will be on offer to delegates attending the international New Frontiers in Restorative Justice conference at Massey University's Albany campus from December 2 to 5.
Papers to be presented as part of the criminal justice stream at the conference include:
Other conference streams cover restorative justice in education, the application of standards and values to restorative justice practices, sexual and domestic violence, human rights abuses and terrorism, indigenous land grievances, religious violence, and police culture.
A concession rate on conference fees is available for members of restorative justice provider groups.
For more information on the conference, go to the website http://justpeace.massey.ac.nz/Work/Welcome.htm, or email w.j.tie@massey.ac.nz, Phone (09) 414 0800
Enlightening experience
Being part of a restorative justice conference was an enlightening experience for Sergeant Andrew O'Reilly.
"I can be as cynical as the best of them, but this conference was quite interesting.
"It definitely opened my eyes to the way restorative justice can have a beneficial effect. I think it's a positive process.
"It is case specific, and each case needs to be weighed up on its merits.
The conference Andrew attended related to a road fatality.
"It was my first restorative justice conference. It wasn't what I expected.
"It was a moving experience where everyone got to say their bit. In the circumstances of that particular case, I believe it was a very good forum.
"It was another step in the healing process for the family.
"Hey, they'll never get over it, but it gave them the chance to ask the hard questions and ask why, and that will help them with the closure process."
He says that people need to be able to begin the closure process so that grieving doesn't turn to hate.
"Closure gives the victims a chance to move on in their lives."
After 14 years of policing, it was the first fatality case for which Andrew was the officer in charge.
"I learnt a hell of a lot."
And although Andrew attended the conference to support the family, he found it also gave him a chance to talk about the mess the police had to clear up on the day of the crash.
"Police are victims too. Each case is traumatising for us.
"The perception police have is that restorative justice is to try to get the offender off and that it is a soft option. I was in that same category until this particular case."
Andrew believes that restorative justice would not be appropriate in a number of cases, and says that he wouldn't go to every conference.
He was offered the chance to take part in a restorative justice conference when an offender threatened him at his own home.
Given the circumstances of that case, he still believes he made the right decision to decide against taking part.
"It depends on a whole lot of factors. But I'm glad I went to this one.
"You need to see genuine remorse from an offender. And I did see it that night, especially when the family was asking direct questions."
Te Ara Whakatika is produced by the Ministry of Justice to ensure the wide community of people who support the restorative justice movement are kept informed about the court-referred restorative justice project. The items in this newsletter do not necessarily reflect the views of the Ministry of Justice or official policies. Articles in this newsletter may be copied and reproduced, but Te Ara Whakatika must be acknowledged. Te Ara Whakatika can be viewed online at www.justice.govt.nz/crrj.
Inquiries regarding the court-referred restorative justice project should be directed to: Alison Hill, Ministry of Justice, PO Box 180, Wellington, Phone (04) 918 8839, Fax (04) 918 8820, email: alison.hill@justice.govt.nz; or to co-ordinators Islay Brown ( Auckland) Phone 025 745 141, (09) 916 9000; Garry Summers (Waitakere) Phone (025) 271 5148, (09) 916 5268; Marianne Lammers (Hamilton) Phone (07) 957 7816, (025) 271 5203; Cathy Brown (Dunedin) Phone 025 271 5164, (03) 471 5170. Te Ara Whakatika mailing list inquiries should be directed to: Abpost, PO Box 38756, Petone, Wellington. Fax (04) 568 3400.
