newsletter of the court-referred restorative justice project - january/february 2002 - issue #7
Inside this issue
Victims and offenders are coming up with a range of ideas to try to make amends and curb further offending.
A community-based programme that works with offenders in prison.
Multi-Pronged Research
A three-year evaluation of the court-referred restorative justice pilot will determine whether the process benefits victims and reduces re-offending.
"We'll be using a multi-pronged strategy to try to bring together information from a variety of different people," says researcher Allison Morris. Allison is undertaking work on the project with Victoria University's Crime and Justice Research Centre, which has been commissioned by the Department for Courts to carry out the research.
The evaluation, which began in early February, includes:
The research will identify the type of cases dealt with through the restorative justice pilot, direct and indirect costs, conference processes and outcomes, the demographic characteristics of conference participants, and the short and long term impact of conferences on victims, offenders and criminal justice processes.
"We will be asking victims whether they feel better as a result of participating in restorative justice, and looking at the extent to which the conference may have impacted on preventing the offender getting involved in crime in the future.
"We want to see what the difference is between those victims who felt better as a result of participating in a conference and those who didn't."
The research processes and questions were trialled in the latter part of 2001. The researchers have also spoken to facilitators and others involved in the process to "make the research as strong as we can. We need their help to make sure we get a complete sample of participants.
"We didn't have any refusals from the victims and offenders we approached during the trial period, and in fact most people found talking to us a positive experience," says Allison.
This helped to alleviate any fears that victims might see the research as a burden.
The research team encompasses people with a range of experience and includes cultural advisers.
Victims and Offenders Identify Innovative Plans
Victims and offenders are coming up with a range of ideas to try to curb further offending, as a result of being involved in the court-referred restorative justice pilot. In almost all cases offenders offer apologies to victims. In many cases they also offer monetary reparation.
However, conferences have produced a range of other outcomes, including:
In another case, where an offender was charged with theft as a servant (totalling $3000), the resulting plan benefited her children and the community.
While the offender, a solo mother, made no attempt to excuse her behaviour, she said that one of the reasons she took the money was to better provide for her children.
The outcome of the conference included her agreeing to do 300 hours of community service and to put aside $10 for each hour of community service for the benefit of her children. The money was to be put into a bank account, the sole signatory of which was to be a member of the community. So rather than paying reparation—further inhibiting the mother's ability to provide for her children—she ended up paying the community by way of community service and saving $3000 for her children.
Plans agreed to by victims and offenders at conferences can follow a range of paths. Elements of the plan may be incorporated into a sentence.
Sometimes the Judge may choose to remand the offender for a further period so that the plan can be carried out, and in other cases the plan is already completed before the case comes up for sentencing.
Rigorous Research
By mid-2004 the Government will have some tangible information on which to base future decisions on restorative justice.
The evaluation of the court-referred restorative justice pilot has begun.
I'm pleased it is going to be rigorous so that it stands up to critical scrutiny.
Early reports show that judges who have heard cases involved in the pilot have been positive about the restorative justice reports they have received, with some saying these have proved helpful to the court.
More than 170 cases have now been referred and 60 conferences have been held.
Reports to date show that the process has been positive in helping the offenders face up to their crimes and in giving victims a sense of satisfaction. Outside of the pilots the restorative justice movement is developing.
I am looking forward to attending the restorative justice hui to be held in early March to get feedback and ideas from the community-based restorative justice movement.
Matt Robson
Minister for Courts
Update on Pilots
Court-referred restorative justice conferences are being held in a variety of places.
Venues have included marae, church halls, schools and prisons, as well as other community venues.
Co-ordinators are reporting a diverse range of offences, ethnic groups and conference outcomes.
Facing up to Responsibilities
After driving for two days to get home from holiday, John, his partner and their three young children walked inside to find they had been burgled.
Close to $7000 worth of property had been taken, including a computer that held John's university notes. But it was the loss of his partner's jewellery - handed down from her grandmother - and an old model steam engine his father had given him as a child that really hurt.
So John, a police officer, decided to take part in a restorative justice conference to make his feelings clear to the offender.
He was also keen to find out what the offender was going to do to get his life back on track.
The process for John (not his real name) was worthwhile, but he still has reservations about it.
"It is early days for restorative justice, but I think it was good to go through it. In my case it will be successful if and when in months or years to come the offender has not reoffended.
"Restorative justice has a role to play in the sentencing function of the court, but I don't think its a predominant role. I think it's good that the victim has more input, but I'm aware of its shortfalls as well.
"I think restorative justice can become a win-win for the offender if he does it, but it doesn't make any difference if he doesn't do it.
"I know it was a genuine apology in my case. But I'm concerned that other victims may become dragged into a sympathy vote for the offender."
Two conferences were held in John's case because they ran out of time at the first conference.
"He (the offender) spoke to me about his background and his involvement in the burglary. I made my feelings pretty clear to him. At the final conference I had a couple of follow up questions I wanted to ask, including what he was going to do to keep out of trouble.
"It made me feel better by telling him that he needed to face up to his responsibilities and get off his arse and actually do something about it, not just think about doing it or talk about doing it.
"I doubted that he would get that message through the ‘normal' sentencing procedure."
‘Profound Impact on Inmates'
A community-based restorative justice programme that works with offenders in prison is growing rapidly.
Sycamore Tree will shortly be running at Waikeria and Auckland Prisons.
"Based on the story of Zaccheus's encounter with Jesus, the programme has a profound impact on inmates," says Prison Fellowship of New Zealand national director Kim Workman (pictured right). "It is now in five prisons and there are plans to expand it to all prisons."
The process, which was initally trialled in New Zealand, the United States and the United Kingdom in 1998, involves prisoners and victims taking part in eight two-hour sessions and concludes with a celebration meal.
Victims are drawn from the Prison Fellowship membership, local churches and referrals from other restorative justice groups.
"Prison Fellowship ensures victims' interests are protected through a careful selection process and by monitoring the victims through the programme... The experience of meeting with a group of offenders has provided a healing opportunity for victims who had not satisfactorily dealt with earlier pain."
The offenders must volunteer for the programme. Kim says this often happens by word of mouth, as inmates talk to others about their experiences.
"We find that some of those who have resisted becoming involved in other programmes, such as goal setting and/or drug rehabilitation courses, feel more ready to do so after taking part in Sycamore Tree.
"Some prisoners want to meet with their personal victim after taking part," says Kim. "Case managers notice changes in the behaviour of inmates over the long term.
"They are much more sensitive to their own families, to others and to prison officers."
The programme is driven by people with a strong Christian faith. Kim says that while some inmates "make a Christian commitment as a result of taking part in the programme, for others it is the start of a longer spiritual journey."
The programme aims to achieve four objectives - reconciliation, reparation, transformation and a reduction in reoffending.
"Within hours of starting the programme, offenders confront their own offending in a way that is both painful and cathartic. Victims reveal to them, in a way that fully engages both parties, the pain and harm they have done to others, to their families and to themselves. Most of all it encourages offenders to deal with unresolved guilt."
Sycamore Tree provides an opportunity for prisoners to acknowledge that they can be both the victim and offender. The group believes that up to 90 percent of prisoners have been subjected to physical and/or sexual abuse as children, says Kim.
"The celebration meal provides prison management with an ownership over the healing of victims - something they have not had the opportunity to influence in the past. Prison management is starting to recognise and accept the value of involving families and victims in the process of prisoner rehabilitation.
"Sycamore Tree holds within it the power to build a peaceful nature within prisoners, and within the community. It also serves as a reminder that in order to change the nature of prisons or the nature of communities, we must first change the nature of people within those prisons and communities."
Prison Fellowship has received funding from the Crime Prevention Unit to replicate the programme. It relies on a high level of volunteer support and support from churches, safer community councils and local authorities. Participants are carefully screened and trained.
Prison Fellowship is developing a post-release programme - Operation Jericho - with a strong restorative justice foundation. Part of this programme engages the released inmate in a reconciliation process with victims, whanau and the wider community.
Contact: Prison Fellowship of New Zealand, PO Box 45 065, Epuni Lower Hutt, Phone (04) 570 1252, email: pfnz@xtra.co.nz
Illustrations
The illustrations in this and past issues of Te Ara Whakatika are produced by design students and recent graduates.
Te Ara Whakatika is produced by the Department for Courts 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 Department for Courts or official policies. Articles in this newsletter may be copied and reproduced, but Te Ara Whakatika must be acknowledged. Inquiries regarding the court-referred restorative justice project should be directed to: Alison Hill, Department for Courts, PO Box 2750, Wellington, Phone (04) 918 8839, Fax (04) 918 8820, email: alison.hill@courts.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; Jim Berkett (Hamilton) Phone 025 271 5203, (07) 957 7700; 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.
