< Previous10 PERSPECTIVES VOLUME 45, NUMBER 2 INTERNATIONAL RESTORATIVE JUSTICE 5 AMERICAN PROBATION AND PAROLE ASSOCIATION American Probation and Parole Association 21 800.622.1644 | Evidence-Based Curricula & Certification Training from NCTI in Partnership with APPA National Curriculum & Training Institute®, Inc. | 319 E. McDowell Road, Ste. 200 Phoenix, AZ 85004 © 2 01 1 NC TI . A ll rig ht s re ser ve d. NCTI’s renowned, evidence-based curricula and the only APPA-accredited facilitator training in the field, comes with a complete system of powerful tools that helps you discover an effective path to Behavior Change. Call today to find out how NCTI can help you. With More than Curricula Alone... NCTI’s Complete Behavior Change System gives you a support structure that makes referring professionals’ work easier, strengthens program fidelity, and enhances learning by clients. 11 AMERICAN PROBATION AND PAROLE ASSOCIATION INTERNATIONAL RESTORATIVE JUSTICE instructions to authors Perspectives disseminates information to the American Probation and Parole Association’s members on relevant policy and program issues and provides updates on activities of the Association. The membership represents adult and juvenile probation, parole, and community corrections agencies throughout the United States and abroad. Articles submitted for publication are screened by an editorial committee and, on occasion, selected reviewers, to determine acceptability based on relevance to the field of criminal justice, clarity of presentation, or research methodology. Perspectives does not reflect unsupported personal opinions. Articles must be emailed to deadlines: Unless previously discussed with the editors, submissions should not exceed 12 typed pages, numbered consecutively, and double-spaced. All charts, graphs, tables, and photographs must be of reproduction quality. Optional titles may be submitted and selected after review with the editors. All submissions must be in English and in American Psychological Association (APA) Style. Authors should provide a one-paragraph biography, along with contact information. Notes should be used only for clarification or substantive comments, and should appear at the end of the text. References to source documents should appear in the body of the text with the author’s surname and the year of publication in parentheses, e.g., to (Mattson, 2015, p. 73). Alphabetize each reference at the end of the text using the following format: Mattson, B. (2015). Technology supports decision making in health and justice. Perspectives , 39 (4), 70-79. Hanser, R. D. (2014). Community corrections (2nd ed.). Thousand Oaks, CA: Sage. While the editors of Perspectives reserve the right to suggest modifications to any contribution, all authors will be responsible for, and given credit for, final versions of articles selected for publication. Submissions will not be returned to contributors. Academy of Criminal Justice Sciences American Correctional Association Association of Paroling Authorities International Association of Women Executives in Corrections AZ Chief Probation Officers Association AZ Probation Parole and Corrections Association Chief Probation Officers of CA Confederation of European Probation Correctional Leaders Association Crime Prevention Coalition of America / National Crime Prevention Council Dismas Charities, Inc. IJIS Institute IN Association of Community Correction Act Counties International Community Corrections Association Interstate Commission for Adult Offender Supervision MN Association of Community Corrections Act Counties MN Association of County Probation Officers MN Corrections Association National Association of Pretrial Services Agencies National Association of Probation Executives New England Council on Crime and Delinquency New York State Probation Officers Association New Zealand Association of Probation Officers NY State Council of Probation Administrators OH Chief Probation Officers Association OR Juvenile Dept. Directors’ Assn. Probation and Community Corrections Officers Association Probation Association of New Jersey Probation Officers Association of Wielkopolska Probation Officers Professional Association of IN SC Department of Probation, Parole and Pardon Services VA Probation and Parole Association Westmoreland County Adult Probation WV Association of Probation Officers appa affiliate members12 PERSPECTIVES VOLUME 45, NUMBER 2 INTERNATIONAL RESTORATIVE JUSTICE A BRIEF INTRODUCTION TO RESTORATIVE JUSTICE AND ITS RELEVANCE TO PROBATION AND PAROLE BY TIM CHAPMAN A SAFE PAIR OF HANDS: THE IMPORTANCE OF A SKILLED PRACTITIONER IN THE RESTORATIVE JUSTICE PROCESS BY RACHEL QUINE WITH LIZ DIXON TRANSFORMING LIVES: DEMONSTRATING THE POWER OF VICTIM-OFFENDER MEDIATION FOR THOSE WHO HAVE EXPERIENCED SERIOUS CRIME IN CANADA BY TANIA R. PETRELLIS AND DAVID L. GUSTAFSON 20 YEARS OF THE PROBATION AND MEDIATION SERVICE IN THE CZECH REPUBLIC BY ANDREA MATOUŠKOVÁ, MIROSLAVA JAKEŠOVÁ 17 27 36 44 departments 13 PRODUCTION 14 APPA CORPORATE MEMBERS features13 AMERICAN PROBATION AND PAROLE ASSOCIATION We seek to create a system of community justice where: A full range of sanctions and services provides public safety by insuring humane, effective and individualized sentences for offenders and support and protection for victims; Primary prevention initiatives are cultivated through our leadership and guidance; Our communities are empowered to own and participate in solutions; Results are measured and direct our service delivery; Dignity and respect describe how each person is treated; Staff are empowered and supported in an environment of honesty, inclusion and respect for differences; and Partnerships with stakeholders lead to shared ownership of our vision. The American Probation and Parole Association is an affiliate of and receives its secretariat services from The Council of State Governments (CSG). CSG, the multibranch association of the states and U.S. territories, works with state leaders across the nation and through its regions to put the best ideas and solutions into practice. PRODUCTION STAFF Veronica Cunningham Editor in Chief Kimberly Kras Perspectives Co-Editor Jason Stauffer Perspectives Co-Editor Kevin Sweeney Production Coordinator Julie Pelstring Desktop Publisher STAFF DIRECTORY APPA Main (859) 244-8204 Publication Orders (859) 244-8204 General Training Institute (859) 244-8204 Information Clearinghouse (859) 244-8204 Membership (859) 244-8204 Request for Training (859) 244-8206 Resource Expo (859) 244-8206 Advertising (859) 244-8206 Grants/TA (859) 244-8236 BOARD OF DIRECTORS Brian Lovins President Susan Rice President-Elect Marcus Hodges Vice President Tom Gregory Treasurer Audrey Rigsbee Secretary Tim Hardy Immediate Past President Scott Taylor Second Past President Isabel Perez-Morina Affiliate Representative Tania Appling Member At-Large Representative Alyza Gonzalez Line Staff Representative Herb Sinkinson Region 1 Representative Corinne Brisco Region 2 Representative Dena Davis Region 3 Representative Gene Cotter Region 4 Representative LaTasha Jones Region 5 Representative Veronica Cunningham Executive Director/CEO Communications should be addressed to: American Probation and Parole Association c/o The Council of State Governments 1776 Avenue of the States, Lexington, KY, 40511 Fax: (859) 244-8001, E-mail: Website: Perspectives is published four times annually by the American Probation and Parole Association through its secretariat office in Lexington, Kentucky. 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Box 802 Salt Lake City, UT 84110 Phone: (877) 744-1360 Email: 17 AMERICAN PROBATION AND PAROLE ASSOCIATION INTERNATIONAL RESTORATIVE JUSTICE A BRIEF INTRODUCTION TO RESTORATIVE JUSTICE AND ITS RELEVANCE TO PROBATION AND PAROLE BY TIM CHAPMAN18 PERSPECTIVES VOLUME 45, NUMBER 2 INTERNATIONAL RESTORATIVE JUSTICE modern development in the history of human societies, and the type of criminal justice system that involves law enforcement, courts, and corrections has only existed for around 200 years. Nonetheless, it has developed very quickly into a complex, highly technical, and bureaucratic system employing a diverse range of professionals. There is a risk, I believe, that this system has become distanced from those it serves. Has it, in the words of Nils Christie (1977), stolen the conflict of crime from citizens? Christie argues that conflicts were valuable opportunities for citizen participation and for the clarification of norms. These functions have been taken over by legal and criminal justice professionals, resulting in the marginalization of victims, perpetrators, and the community. Is it possible in a modern society to address injustice and undo or alleviate the suffering it causes through processes based on the old ways of respect, solidarity, and dialogue? The modern form of restorative justice sets out to answer that question in the affirmative. The first case of restorative justice being used in a modern era criminal justice system is generally acknowledged to have taken place in 1974 in the small town of Elmira in Ontario, Canada (Caldwell, 2002). Two young people vandalized 22 properties. Significantly, it was a probation officer, Mark Yantzi, in conjunction with a Mennonite prison support worker, Dave Worth, who took the initiative to gain the judge’s permission to facilitate a meeting between the two young people and the victims of the vandalism. The meeting was effective, and satisfactory reparations were made. In spite of this success, the practice of restorative justice has struggled to Long before there were police services, long before there were courts, long before there were prisons, and long before there were probation and parole officers, people lived in communities where, from time to time, one community member would steal or damage something of value, offend another community member, or actually hurt someone. People understood the distress of being harmed and wronged. They knew that, in a close community with scarce resources, material loss might not only be a matter of survival but also a matter of honour. They knew that if these matters were not addressed to the satisfaction of the victim—and the rest of the community—the result would be acts of revenge and family feuds that could fragment the cohesion, stability, and cooperation required to live in tough circumstances. Wishing to avoid banishing or injuring the perpetrators, the elders would convene the community to listen to the victims’ grievances and to respect their feelings. The members who had been responsible for the harm would be expected to respond to this through a sincere expression of remorse and an act of reparation or making amends, thus restoring the community’s respect for them. These rituals also served to clarify the norms of the community, to emphasize the need to respect others, to strengthen the shared viewpoint that solidarity was in the interest of all members of the community—and to accept that justice was best served through talking rather than violence. This form of justice has served people for thousands of years and continues in many parts of the world to this day. Society has, of course, become more complex. The nation state is a relatively 19 AMERICAN PROBATION AND PAROLE ASSOCIATION INTERNATIONAL RESTORATIVE JUSTICE become part of mainstream probation and parole work. I believe a great potential is lying dormant. The European Forum for Restorative Justice (EFRJ) defines restorative justice concisely as “Connecting people to restore just relations” (EFRJ, n.d.). This short phrase contains some of the key values and principles of practice of restorative justice. We stress the importance of bringing the people most affected by the harm of a crime together to participate actively in a process which aims to restore justice to the way they live together in society. The EFRJ expands on this definition with: Restorative Justice is an inclusive approach of addressing harm or the risk of harm through engaging all those affected in coming to a common understanding and agreement on how the harm or wrongdoing can be repaired, relationships maintained, and justice achieved (EFRJ, n.d.). Restorative justice responds robustly to the harm caused by crime because it is value-led and evidence-based. When a crime is committed, it is more than a breach of the criminal law that must be processed through criminal justice procedures by various professionals. We believe that a criminal offence is a violation of some of the key values of modern democratic societies. Any crime represents a severe lack of respect for another’s human dignity. For many victims this disrespect matters much more than financial loss or even physical injury. A crime is a conscious failure to act according to our obligations towards our fellow citizens. If breaches in social obligations are not addressed rigorously, the complex network of relations that create cohesive and stable societies can fragment, causing further criminal and anti-social behavior. Solidarity requires direct accountability by those who fail in their obligations to those who have been harmed. We believe that there is no greater accountability than having to account for your harmful actions to the person whom you have harmed and then to make every effort to right the wrong and restore what has been lost, damaged or violated. This is what we mean by justice. The process of restoring human dignity, solidarity, and justice is a process of inquiring into the truth of what happened and of what matters through dialogue. This truth is not only factual (evidence-based) but also narrative (each person’s lived experience) and dialogical (the truth that emerges through listening and being listened to with respect). The key principles of practice that make this work include: 1. The principle of restoration Depending on the context, restorative processes can provide a meaningful experience of justice: • through restoring what has been damaged, lost, or violated by an unjust harmful act to the greatest extent possible, • through restoring broken relationships • through restoring dignity, respect, and the feeling of safety to the greatest extent possible • through providing what the perpetrator of harm needs to achieve desistance from further harming others • through providing what is needed within wider (institutional or social) systems to prevent further harm. 2. The principle of voluntariness Participants choose to participate. ThisNext >