Exam 2

Question 1

Why does New Zealand utilize FGC?

Answer 1

During the 1980s, New Zealand was having a crisis with its juvenile justice system:
-Thousands of children, especially members of minority groups, were being removed from their homes and placed in foster care or institutions.
-The juvenile justice system was overburdened and ineffective.
-New Zealand’s incarceration rate for young people was one of the highest in the world, but its crime rate also remained high.
-Especially affected was the minority Maori population, the indigenous people of New Zealand.

Question 2

Explain the FGC process in New Zealand?

Answer 2

FGCs are a kind of decision-making meeting, a face-to-face encounter involving offenders and their families, victims and their supporters, a police representative, and others.
-Organized and led by a Youth Justice Coordinator, a facilitator who is a social services professional
-This approach is designed to support offenders as they take responsibility and change their behavior, to empower the offenders’ families to play an important role in this process, and to address the victims’ needs.

Question 3

Who are the involved parties in New Zealand’s FGCs?

Answer 3

-Offender
-Offender’s Family Members
-Youth Aid Officer (Police Representative & Serves as Prosecution)
-Victims, Victim Representatives, and Supporters
-Youth Advocates (Juvenile Lawyers)
-Lay Advocate (Cultural Advisor)
-Social Workers
-Information Givers
-Care Givers
-Youth Justice Coordinator (Facilitator)

Question 4

What are the four types of FGC in New Zealand?

Answer 4

1. Custody Conference: Held
   when a young person is placed in
   custody after denying a
   charge/decides who can visit
   the young person while in custody.
2. Charge Proven Conference:If a
   young person denies guilt but is
   found guilty, the FGC members make
   recommendations to the court
   regarding how to address the
   charge.
3. Intention to Charge Conference: Young person is not
   arrested, but is involved in a FGC to
   decide if they should be prosecuted
   or how the matter can be dealt
   with informally.
4. Charge Not Denied Conference: Admits
   responsibility for the charge(s). The FGC decides if:
   * The charges should be removed from court
   * A plan for addressing the charges should be constructed
   * Amendments to the charges should be made
   * How the court should dispose of the case
   * Possible diversion if youth aid officer agrees

Question 5

What are the seven goals of FGC in New Zealand?

Answer 5

1. Diversions
2. Accountability
3. Involve the Victim
4. Involving and Strengthening
   the Offender’s Family
5. Consensus Decision-making
6. Cultural Appropriateness
7. Due Process (Youth advocates)

Question 6

What are the seven guiding principles of New Zealand’s FGC?

Answer 6

1. Criminal proceedings should be avoided unless public interest requires otherwise.
2. Criminal justice processes should not be used to provide assistance.
3. Families should be strengthened.
4. Children should be kept in the community if at all possible.
5. The child or young person’s age must be taken into account.
6. Personal development should be promoted using the least restrictive option.
7. The interests of victims must be considered.

Question 7

What is the coordinator’s role in FGCs?

Answer 7

The Youth Justice Coordinator is a social
service professional who
organizes, oversees, and
normally facilitates the
conference.

Question 8

What are family deliberations?

Answer 8

-Family deliberations are a phase in the FGC where the offending party goes to a family caucus room to create a plan for the offender.

-The family caucus provides an opportunity for:
*the offender and his/her family to discuss family matters and begin developing a plan;
*the victim and his/her supporters to talk about their needs and options with the coordinator, police, and other participants.

Question 9

What are the steps to a VOC?

Answer 9

The case must be referred to a VOC by a judge, prosecutor, police officer, community member, etc.

1. Logging, Screening, and Assignment
2. Initial Meetings
3. VOC Meeting
4. Reporting and Debriefing
5. Contract Follow-Up
6. Follow-Up Meeting

Question 10

What are the underlying values of the VOC process?

Answer 10

1. Interconnectedness
2. Respect
3. Transparency
4. Accountability
5. Self Determination
6. Spirituality
7. Truth

Question 11

What are some issues associated with starting a VOC process?

Answer 11

-Program goals
-Criteria for accepting/rejecting cases
-What point in the system is one eligible for a VOC
-Do offenders have to admit guilt
-Age requirements
-Voluntary or mandatory
-Involved parties
-Organizational base (non-profit or probation department)
-Oversight (stakeholders)
-Facilitators
-Training for facilitators
-Role of facilitators
-Contacting victims and offenders
-Confidentiality
-Monitoring agreements
-Unfulfilled behavioral agreements
-Monetary payments
-Restitution
-Reports and who they will be given to

Question 12

What are the unique characteristics of VOCs in severe violence?

Answer 12

1. Case preparation is significantly longer and more intensive.
2. The process is victim-initiated.
3. Advanced training for facilitators is essential.
4. Working with prison officials adds a level of complexity.
5. Facilitators are generally trained staff rather than volunteers.

Question 13

What are the VOC program models?

Answer 13

1. Therapeutic Model: focuses on healing and utilizes extensively trained facilitators.
2. Narrative/Storytelling Model: invites each participant to speak about the crime’s impact.
3. Empowerment Model: emphasizes the importance of participants’ motives for entering into dialogue.

Question 14

What are the benefits of VOC processes for victims/survivors?

Answer 14

• Obtain answers
• Relieve frustrations
• Reduce anxiety
• Restitution
• Empowerment
• Responsibility taken by offender
• Remorse by offender
• Reshape attitudes about justice
• Reduced alienation

Question 15

What are the risks of VOC processes for victims/survivors?

Answer 15

• Re-experience trauma
• Difficult if have unrealistic
  expectations regarding
  how offending party will
  respond to their story
• Disappointment if
  offending party does not
  follow through with
  agreement/cannot answer
  questions

Question 16

What are the benefits of VOC processes for offending parties?

Answer 16

• Understand the effects of their
  crime on the survivor’s daily
  life
• See survivors as real people
• ‘Put things as right as possible’
• Element of reintegration
• Take an active role in their
  future
• Exhibit they are humans & not
  the crime committed

Question 17

What are the risks of VOC processes for offending parties?

Answer 17

• Puts a human face to
  the crime
• Fear revenge
• Unreasonable
  restitution
• Fear of being physically
  threatened

Question 18

What are the critical issues of VOCs?

Answer 18

1. VOC may be offender-driven
2. How do we (or should we) ensure appropriate voluntariness on the part of the offender in a victim offender process?
3. Programs tend to be tied up intimately with the courts and police or prosecutors, who hold tremendous power over the processes.
4. Current restorative justice approaches, such as VOC, tend to be individualistic in nature. How can these processes deal with community and social issues of harm?
5. VOC models, and the restorative justice concept that underlies them, contain important cultural biases.

Question 19

What are the steps in a sentencing circle?

Answer 19

1. Introduction: Role of each party. What brings them to the circle
   process?
2. Develop ground rules
3. What happened and how has each person been impacted (harms)?
4. Why did the action happen (causes)?
5. What needs to happen for the action to not occur again (address causes and needs)?
6. Create a resolution related to addressing the harm, causes and needs
   noted in rounds 3-6.

Question 20

What are the involved parties in a sentencing circle? What are their roles?

Answer 20

-Victim/survivor
-Offending party
-Court officials (Judge, Prosecutor, Defense Attorney, Probation Officer)
-A judge or respected elder oversees the
sentencing circle process.

Question 21

What does the reparative board process look like?

Answer 21

-Public meetings organized and implemented by community
members regarding steps an offender shall take to restore the
harm done to the victim(s) and the community.
-Typically held in libraries and community centers.

Question 22

What are the roles of the involved parties within a reparative board?

Answer 22

-Panel Members: Responsible for monitoring the agreement and providing reparative value rather than simply providing punishment. Panel provides support and offers to reintegrate the offending party back into society or create connection to society.
-Offender: share reasons for committing crime, how it has impacted them, apologize/show remorse
-Victim/survivor: share how they have been impacted by the crime

Question 23

Why might additional board meetings be necessary for reparative boards?

Question 24

What are the purposes of victim offender panels?

Answer 24

Victims/survivors are provided the opportunity to speak with a group of offenders who have been convicted of the crime the victim has suffered, without being required to meet their personal assailant.

Question 25

When may victim offender panels be utilized?

Answer 25

When the victim/survivor wants to share their story but may feel uncomfortable sitting face-to-face with their particular offender.

Question 26

How do victim offender panels work?

Answer 26

A panel of victim/survivors sit in front of a group of offenders who committed the crime the victim/survivors were harmed by. Each victim/survivor tells their story without any interruptions or questions from the audience members.

Question 27

What are the benefits and drawbacks of victim offender panels?

Answer 27

Benefit: Victim Empowerment Drawback: Relive trauma

Question 28

What is the difference between Eros and Logos?

Answer 28

-Eros: female spirit of care (natural sense of care) -Logos: male spirit of care (based on idea that rule-breaking leads to consequences)

Question 29

How do peaceable schools work?

Answer 29

Education is for and by the community.

Question 30

What are the characteristics of peaceable schools?

Answer 30

-Requires students to put themselves in the shoes of others -Allows and further develops empathy -At least 500 choices in every conflict situation -Requires creative thinking -Requires a sense of possibility

Question 31

What is discipline from the restorative discipline perspective?

Answer 31

Discipline is teaching children rules to live by and helping them become socialized into the culture.

Question 32

What are the goals of restorative discipline?

Answer 32

1. Understand harm 2. Develop empathy for the harmed and harmer 3. Listen and respond to the needs of both the person harmed and the harmer 4. Encourage accountability and responsibility through personal reflection within collaborative planning processes 5. Reintegrate the harmer as a valuable, contributing member 6. Create caring climates 7. Change the system when it contributes to the harm

Question 33

What are the values of restorative discipline?

Answer 33

Respect Truthfulness Dependability Self-control Self-discipline Acceptance Responsibility Accountability

Question 34

What are the principles of restorative discipline?

Answer 34

1. Acknowledges that relationships are central to building community. 2. Builds systems that address misbehavior and harm in a way that strengthens behaviors. 3. Focuses on harm done rather than only on rule-breaking. 4. Gives voice to the person harmed. 5. Engages in collaborative problem-solving. 6. Empowers change and growth. 7. Enhances Responsibility.

Question 35

What are the negative effects of "punishing" children?

Answer 35

-Anger -Resent the punishment -Question the nature of the punishment -Blame the punisher/deny responsibility

Question 36

Why is creativity needed in restorative discipline?

Answer 36

One punishment/resolution will not work or elicit a positive response from every student.

Question 37

What is Conflict Resolution Education?

Answer 37

A program that introduced peer mediation programs and developed curricula to integrate conflict resolution into school life.

Question 38

What are the philosophical strands that have shaped restorative discipline?

Answer 38

-Constructivism: People gain meaning and motivation when given power to make their own decisions. -Critical Reflection: Problem-solving process that honors multiple perspectives and emphasizes creative problem-solving. -Psycho-education Approach: Values understanding the internal feelings, needs, and conflicts that motivate behavior.

Question 39

What is the discipline continuum?

Answer 39

A continuum that moves from punishment to consequences to solutions to restoration.

Question 40

How is disciplined defined from each stop on the discipline continuum?

Answer 40

-Punishment: consequences are selected without any meaningful connection between the misbehavior and the punishment. -Consequences: seeks to make the punishment fit the crime by linking natural or artificially connected consequences to the crime. -Solutions: Sees misbehavior as a problem to be solved/seeks to find the function or purpose of the misbehavior, and to develop a plan to replace the misbehavior with a positive behavior which meets the needs of the student. -Restoration:Works with all parties to create ways to put things right and make plans for future change/focus on healing through collaborative conferencing processes.

Question 41

What is the greatest predictor of academic success?

Answer 41

The students’ perception of "Does the teacher like me?"

Question 42

How does reintegration work after a suspension?

Answer 42

-Higher rate of out-of-school suspension are associated with: ◦ Lower rates of achievement in reading, math, and writing ◦ Higher overall rates of juvenile incarceration -School-to-Prison-Pipeline

Question 43

What are Recovery Rooms?

Answer 43

-Training in restorative justice during in-district suspension for middle schoolers. -When re-entering the school, circle process held (student, parent(s), school administrator, guidance counselor, & teachers) **Used instead of ISS**

Question 44

What types of circles may be utilized in schools?

Answer 44

1. Beginning-of-the-Day Circles: “How are you doing?” 2. Anytime Circles: When conflicts arise 3. End-of-the-Day Circles: Debriefing- “How was your day?” 4. Farewell Circles & Rituals: Students completing a program/planting of seeds 5. School Staff Circles: “How are we doing?” “Anything we need to address?” 6. Recovery School Circles: Student given option to engage in a circle to address issues, make amends, and ask for support. 7. Truancy Mediation Circles: FGC to address needs and causes

Question 45

How does restorative discipline work with truancy mediation?

Answer 45

Truancy mediation as a process provides a relaxed atmosphere for the student, parents, and school personnel to discuss the truancy problem and come to some resolution. By utilizing the nonadversarial nature of mediation, all parties’ concerns and views are heard, and a mutual agreement is likely to be reached to resolve the problem.

Question 46

How does restorative discipline apply to bullying?

Answer 46

-Restorative discipline engages a no-blame framework to support bully-free schools. -When bullying occurs, the goal becomes one of restoration and reintegration for all parties. Restorative community conferences or circles are sometimes held to engage all persons affected by the bullying.

Question 47

What is the difference between short-term and long-term discipline?

Answer 47

-Short-term discipline: Intends to stop a child’s inappropriate behavior while explaining what is appropriate. -Long-term discipline: Aims to help them take responsibility for their own actions (develop self-discipline).

Question 48

What are the benefits of restorative justice for incarcerated individuals?

Answer 48

-HEALS BROKEN RELATIONSHIPS -BUILDS INSTEAD OF BLAMES -FINDS UNDERSTANDING, HEALING, AND ACCEPTANCE OF EACH OTHER -MAKES LIFE BETTER FOR INVOLVED PARTIES -CONSIDERS PERSONAL VICTIMIZATION -ADDRESSES NEEDS -ADDRESSES FAMILIES -PREVENTS CRIME -EMPOWERMENT -METHODS OF LIVING A RESTORATIVE LIFE DAILY

Question 49

Why are the values of respect, care, trust, and humility important in restorative prison settings?

Answer 49

-Respect: recognizes the need for accountability, restoration, and healing. This respect comes through listening to and validating the experiences of everyone impacted by crime. -Care:values both individual accountability and mutual responsibility. In doing so, the system sees the shared humanity in everyone impacted by a crime. Such a system strives to “do no harm” and wants the best for everyone. A caring system believes that people can grow and heal if their needs are met, and acts to make that healing possible. -Trust:promotes the common good as it advocates for accountability and healing. Justice operates with openness and honesty. It values consistency, dependability, and confidentiality. Justice processes are designed to balance and share power with the justice participants as they create the justice response. -Humility:does not assume that it knows everything and has all the answers. Rather, it strives to learn from and understand everyone affected by crime. The system accepts that the individuals impacted by crime know their experiences and needs best. Further, humble justice processes make it possible for people to participate, collaborate, and cooperate.

Question 50

How do incarcerated individuals provide reparation to the community?

Question 51

How has theatre been utilized in restorative ways in prison?

Question 52

What is the restorative tree?

Answer 52

The restorative tree is a symbol of individual needs in restorative justice. -Roots: Relationship and safety -Trunk: Empowerment -Branches: storytelling and venting feelings, information, growth, and accountability -Leaves: Meaning

Question 53

What are the needs of offenders, victims, and community members in cases of restorative justice in prison?

Answer 53

-Even when not directly affected, community members feel and react to crime in much the same way as individual crime victims. (People deadbolt their doors and windows when others are burglarized. They lock their car doors and windows to avoid theft. They become suspicious of, and fear, others. Community members grieve with those who have been assaulted or murdered.) They worry about it happening to them or their loved ones. They see themselves in the face of others who are victims. As a result, communities require attention to their needs as a group impacted by crime. These needs occur at two levels: individually and collectively.

Question 54

What issues are faced by family members of those who are imprisoned?

Answer 54

* EXPERIENCE IMPACT OF CRIME: * LITTLE OPPORTUNITY TO ASSIST AND SUPPORT THEIR LOVED ONES * FEW AVENUES TO MAKE AMENDS ON THEIR LOVED ONE’S BEHALF * MAY FEEL STEREOTYPED DUE TO THE CRIME * FINANCIAL IMPACT * CONSIDER WHAT FAMILY ASPECTS CONTRIBUTED TO THE CRIME

Question 55

What issues are faced by the children of those who are imprisoned?

Answer 55

Usually taken in the form of questions: * DOES MY PARENT THINK OF ME? * DOES MY PARENT LOVE ME? * IS MY PARENT SAFE? * WHEN WILL MY PARENT COME HOME? * WHY IS MY GRANDMOTHER NOW MY MOTHER?

Question 56

What are the needs of family members (including children) of those who are imprisoned?

Answer 56

-Safe relationships -Empowerment -Storytelling and venting feelings -Information -Growth -Accountability -The chance to figure out and maintain trusting, honest, and empathetic relationships with the offending member. -Children:need to feel love and support. Because parent-child relationships are difficult from prison, children need special attention as they learn how to relate from a distance and in a prison visiting room.

Question 57

How does crime affect us individually, relationally, and socially?

Answer 57

-Individually: crime can inflict trauma, physical injury, monetary damages, etc. -Relationally: crime creates broken relationships, people may treat you differently if you are a victim/offender, victims may choose to isolate themselves from friends/family. -Socially: crime can create a lack of trust in the community, moral panic, some crime may bring communities together.

Question 58

Why are restorative spaces important in prison?

Answer 58

-Restorative spaces incarcerated make individuals feel safe to take responsibility for their crime and experience healing. -Restorative spaces create a temporary separation between an offender and those impacted by his or her actions. -Restorative space may provide a supportive forum in which an offender can heal and strengthen his or her inner self.

Question 59

What is a restorative space in the prison setting?

Answer 59

-Special cell blocks on which residents commit to living restoratively and participate in restorative programs. -Others offer hiking and gardening as a way to nurture spiritual well-being. -Still others create special cultural units so prisoners can learn and practice their cultural teachings as part of their path to accountability and healing. -Prison staff who approach their jobs from a restorative framework create restorative environments by nature of their interactions with incarcerated individuals and other staff.