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Explore the concept of Restorative Justice and its role in addressing anti-social behavior, with a focus on welfare and punishment. Learn about the benefits for those harmed, those responsible, and the community, as well as the referral process for Restorative Justice services.
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Restorative Approaches in Dealing with Anti-social BehaviourAlan Stewart – Youth Justice – Fife 1
What is Restorative Justice? “If the hijackers had been able to imagine themselves into the thoughts and feelings of the passengers, they would have been unable to proceed. It is hard to be cruel once you permit yourself to enter the mind of your victim. Imagining what it is like to be someone other than yourself is at the core of our humanity. It is the essence of compassion and it is the beginning of morality.” • Ian McEwan, The Guardian, September 13th, 2001
Offence Welfare Punishment Restorative Justice
How does RJ fit into the Justice System? Prison, fines, compulsory supervision, ASBOs, parenting orders ENFORCEMENT Community Mediation, Victim Support, Restorative Warnings, Restorative Justice, ABCs INFORMAL RESOLUTION (instead of, alongside or after enforcement) Anti-graffiti paint, CCTV, leisure facilities, Community Wardens, Rehabilitation, etc. PREVENTION
Asha’s Story “I’m Indian and I’ve lived in this small village for around 2 years. There’s not much for kids to do around here but there are a certain group always hang around the shops and cause havoc usually through being drunk. For ages now we’ve been calling the police and speaking to the community wardens but nothing seems to happen. They have been calling us lots of horrible names and have started damaging our property. Why doesn’t someone do something about this? OK, so maybe a few of us have played a couple of pranks when we were younger, but we didn’t cause any harm. No-one listens to our side of the story. They always assume we’re ‘pakis’ who complain a lot and have no right to be here as part of the community. Where else are we meant to turn to? We were told that ASBO’s would sort this out. It’s not fair!”
William’s Story “I’m 15 and I’ve lived here all my life. There’s not much for us to do around here so me and my mates usually hang around the shops and have a laugh. For ages now the police and community wardens have been hassling us and moving us on. They say that folk are complaining about us being racists and damaging property. I’m no racist - I did shout at a pakistani guy a couple of times and chucked a stone at his window – but only ‘cos he threatened my girlfriend. But, nob’dy listens to our side of the story. They always assume we’re up to no good. Where else are we meant to hang about? There’s nowhere really for us to go. It’s not fair!”
What are Restorative Approaches? Restorative Approaches involves a range of non-punitive responses to unacceptable behaviour consisting of 3 key questions: • Facts – What happened? • Consequences – How have people been affected? • Future – How can you make things better?
Who’s Involved? • Person Harmed • Person Responsible • Community
Benefits for Persons Harmed • Gives them the opportunity to explain how they really feel • Provides an opportunity to tell the offender the real impact the crime has had upon them • Enables them to get answers to their questions and help to put the crime behind them • Communicating with the offender can reduce their fear of crime • Gives persons harmed a voice and some choices in the criminal justice process • Provides an opportunity for them to receive an apology
Benefits for Persons Responsible • Ensures persons responsible face up to the real impact of their actions • If (and only if) the person harmed wants, it provides for the persons responsible to apologise directly to the persons harmed – and make amends • For some persons responsible, meeting the person harmed can be the turning point away from crime • A chance to rebuild their lives • Can motivate opportunities for change, e.g. by undertaking treatment programmes
Benefits for the Community • A voice. People can talk about how the impact of a local crime affected them. • People within the community can often offer support to persons harmed and persons responsible • Can prevent the escalation of offending and help ease tensions left after a case has been processed by the conventional criminal justice system • Restorative Justice empowers communities to address local crime and anti-social behaviour
Referral Process for Restorative Justice Services Reported to Police/Safer Neighbourhood Team Contact Sacro Participants/Preparation Meeting
Restorative Justice Conference Facilitator Person Harmed Person Responsible Support Person Support Person Co-Facilitator
Referral Process for Restorative Justice Services Reported to Police/Safer Neighbourhood Team Contact Sacro Participants/Preparation Meeting Follow Up
Contact Details Alan Stewart – astewart@fife.sacro.org.uk