Restorative Justice Week 2008

Workshop on Restorative Justice for Faith Communities - 2008

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This workshop is prepared by the Church Council on Justice and Corrections (CCJC) and its membership in collaboration with Correctional Service Canada ( CSC ) – Chaplaincy. It is intended to assist faith communities, including Christian Churches and other Houses of Worship (such as Mosques, Synagogues, etc.) in promoting the values of restorative justice within their communities during Restorative Justice Week.

This two-hour workshop is the first of a series of three. The two remaining workshops will be made available for Restorative Justice Weeks 2009 and 2010 respectively. You may chose to use these workshops at separate occasions or combine them to organize a full-day event once they are available.

You may choose to start this workshop with a prayer or reading of a related sacred text. More faith resources are available on CCJC's and CSC 's websites:

CCJC: www.ccjc.ca/restorative_justice

CSC Chaplaincy: http://www.csc-scc.gc.ca/text/rj/rj2008/lett-eng.shtml & again here: http://www.csc-scc.gc.ca/text/prgrm/chap/faith/sr-eng.shtm for various faith communities.

Contents

Introduction
General instructions for the workshop facilitator
Workshop agenda
Implementation instructions for the facilitator
Workshop Part I: The Crime
Workshop Part II: The Trial
Workshop Part III : The Restorative Process
Supporting print materials:

• Scenarios for Part I: The Crime
• Scenario for groups 1 and 3
• Scenario for groups 2 and 4
• Scenarios for Part II: The Trial
• Scenarios for groups 1 and 3
• Scenarios for groups 2 and 4
• Scenario for Part III : The Restorative Approach (for all groups)

Human Needs Inventory

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Restorative Justice Week, November 2008
Fostering a Restorative Worldview

Goal: This workshop will give the participants an opportunity to explore how we as people of faith view justice in the aftermath of crime…and how we may serve justice in this time of fear.

Objectives

Participants will have

1. Knowledge of the human needs of those impacted by harmful behaviour etc.
2. An appreciation of why restorative processes usually bring more satisfaction for everyone affected by crime, including the community
3. An opportunity to think about their role in serving justice, and the role of their faith community

(These should not be shared with the participants, so that they can determine their own goals as the workshop progresses - they may differ from the above suggestions).)

This workshop is intended for 6-20 participants, and is designed to last approximately 2 hours, without a break. It is a very full workshop, so you may wish to schedule 2 ½ to 3 hours to allow for more depth and richness in sharing, opening and closing prayers and worship. It should be facilitated by at least two people.

Facilitators will require:

Flip-chart, markers, tape or blue tack

Scrap paper and pens for group work (post-it notes may be useful)

A talking piece (Information on using a talking piece can be found at various places, including a short introduction at http://rjp.umn.edu/img/assets/13522/Talking_Circles.pdf

Copies of Scenarios for sharing:

Three each (one for the facilitator and one for each group considering each participant's situation) of The Event (Guy), The Event (Michel), The Trial (Guy), The Trial (Michel), and five (one for facilitator and one for each group) of A Restorative Resolution.

Human Needs Sheets – sufficient copies for each participant (attached p. 14)

Information on local organizations concerned with justice issues (a restorative justice agency, victims advocacy group or prisoner advocacy group, e.g. John Howard Society, for example; contact the Church Council on Justice and Corrections for assistance with this if needed). You can find CCJC's contact information on their website provided above.

Information for resources table, including a bibliography (one is available on CSC 's website – link provided above – resources from 2007), CCJC brochures, Restorative Justice Week Materials, local organizations' contact information or brochures, “How to talk to your MP i.e. Member of Parliament” materials (If you need assistance please contact CCJC).

Resource Person, if possible, to assist with questions during debriefing of Part III (may be community justice facilitator or someone well versed with how these programs run – please note that they look different in every community!).

Refreshments for sharing after or during the workshop (if desired).

Setup:

The room should be set with chairs in a circle, without any tables, sufficient for everyone to be seated including the facilitator(s). A table at one side for displays, information, and one for refreshments will be helpful.

Workshop Agenda:

You may wish to post this on a flip chart for participants
(see pages following for instructions for activities)

Please add an opening/ closing prayer or text to the agenda if you so desire.

Time	Activity
5 minutes	Introduction of facilitators, housekeeping (washrooms, refreshments, etc.)
15 minutes	Opening circle with talking piece: "Please share your name and what you, as a person of faith, believe justice requires…in one or two words."
5 minutes	Activity: Part 1: The Crime Introduction
10 minutes	Small group work – Part 1: The Crime
5 minutes	Reporting of small group work Part 1: The Crime
15 minutes	Small group work - Part 2: The Trial
10 minutes	Reporting of small group work Part 2: The Trial
20 minutes	Small group work Part 3: The Restorative Process
20 minutes	Reporting of Small group work Part 3: The Restorative Process
15 minutes	Next steps – share resources that have been set on a table; ask if there are any further questions that were raised by this exercise. Resource people may be able to answer questions, or they can be carried to resource people at CCJC via the facilitators.

Closing circle with talking piece: "As people of faith, what are we willing to do in the name of justice?"

What does Justice Require?

-an exercise to explore how justice serves…and how we serve justice

This exercise is done in three parts, with the participants divided into four groups.

Introduction: The facilitator will want to share the following information; however it makes sense to them:

"In this activity, we are going to work together to brainstorm what we think people affected by crime need, based on a list of Universal Human Needs compiled by Dr. Marshall Rosenberg of the Centre for Compassionate Communication. To do this, I would like to break you into four groups, numbering off one to four."

Begin by numbering off – 1 to 4 – and have all the 1s sit together, 2s sit together, etc.

The 1s are asked to represent the perspective and concerns of Guy, the person who is hurt in the scenario.

The 2s are asked to represent the perspective and concerns of Michel, the person who has caused the harm

The 3s are asked to represent the perspective of the people who love and support Guy, the person who is hurt - ­i.e. Guy's supporters.

The 4s are asked to represent the perspective of the people who love and support Michel, the person who has caused the harm - i.e. Michel's supporters.

Hand out the Universal Human Needs handout to everyone. Hand out either scrap paper, flip chart paper or post-it notes to each group to record their responses. Ensure everyone has something with which to write.

Post on a flipchart who each group is responsible for report on, as a gentle reminder.

Part I: The Crime

Give group 1 and 3 Guy's portion of this scenario. Give groups 2 and 4 Michel's portion of this scenario.

Group 1 will consider the needs of Guy

Group 2 will consider the needs of Michel

Group 3 will consider the needs of Guy's supporters

Group 4 will consider the needs of Michel's supporters

Ask each group, in just a few minutes (keep it under 5, or at most 10 minutes) to record what they think the needs of the person they are considering are at the time of the event causing harm, just before and/or immediately following. The needs should be discerned from the Universal Human Needs list (provided).

Prepare a flipchart that has been divided into four parts (with a cross). At the top of the flipchart, write The Event. Then, at the top left: Guy, top right Guy's supporters bottom left: Michel bottom left: Michel's supporters

Example:

The Crime

Guy Include Group's feedback on Guy's needs	Guy's supporters Include Group's feedback on Guy's supporters' needs
Michel Include Group's feedback on Michel's needs	Michel's supporters Include Group's feedback on Michel's supporters' needs

Once that has been done, the facilitator should read each scenario Part 1 (or invite someone else to do so). Then have one representative from each group report back on their ideas/brainstorm. A facilitator should record the needs of each from the group (or post-its can be attached) onto the flipchart:

Group 1: Guy's needs (victim)

Group 2: Michel's needs (perpetrator of harm)

Group 3: Guy's supporters –friends, family etc.

Group 4: Michel's supporters -–friends, family etc.

Note: All quadrants of the chart should be filled in at the end.

Note common and disparate needs, briefly. Are there any surprises? Remember – there are no truly ‘wrong answers ' here.) Post this flip chart.

Part II: The Trial

Progress to part two, and share the appropriate part of each scenario for Part Two with each group (as above). Allow each group to do the same exercise – consider the needs for each party at this point. Again, after 5-10 minutes, invite each group to share their insights into needs, after the scenario has been read aloud.

A second flipchart, entitled The Trial can be used to record the needs of each person or their supporters, the same as after Part 1: The Crime.

Part III : The Restorative Process

Progress to part three. Invite everyone to pretend that the Trial didn't happen, and that instead everyone was offered a chance to participate in a restorative process, and did. Share the copy of the Restorative Process scenario with each group, and ask them to again consider each person/group's needs. Report back to the larger group, and bring everyone together for a conversation about the activity. You may do a flipchart if it helps to clarify the groups' responses (although this is less necessary at this point in the workshop).

Based on the time left for reflection, ask them some of the following questions:

What did you notice or think about today? Did anything surprise you?

What will you tell others about this experience?

What do you hope for in our faith community?

*Perhaps prepare some quotes for reflection or queries for self-reflection from those available from the CSC or CCJC web site provided at the cover page of this document.

Approximately 50 Justice Quote cards are available at cost ($10.00 plus GST) from Quakers Fostering Justice , if desired. You can find Quaker's contact information on their website: http://www.cfsc.quaker.ca/pages/store.html or by emailing Quakers Fostering Justice at qfj@quaker.ca

Scenario for Part I: The Crime

Groups 1 and 3

For Guy and/or his supporters:

Guy is out at the pub one night with his friends, celebrating the successful completion of a project at work. It has been a long, hard slog, and he is looking forward to getting home early to his wife and young family. They are leaving tomorrow for a short weekend away, a long deserved opportunity to connect and relax together.

He steps out into the street to go home, and his car is gone. At first he thinks he forgot where he parked it. Slowly it occurs to him that his vehicle has been stolen. He can't believe it; he was only in the pub for one drink; he doesn't think he was inside for 45 minutes. A million things are going through his head – what was in his car? How will he get home? To the vacation spot tomorrow? Was his daughter's car seat in his car, or his wife's? His camera? The reports on the project? What should he do now?

He pulls out his cell phone and calls the police, giving them his license number.

What do you Guy and/his supporters need?

Scenario for Part I: The Crime

Groups 2 and 4

For Michel and/or his supporters:

Michel is a troubled young man. He has just recently lost another job, for being late to work (again). His parents haven't noticed, because they are so involved in their own drama and drinking. When he goes home tonight without his rent money, he knows they are going to freak out, because they were counting on him. He thinks they may have spent their portion of the rent, and he doesn't want the family to get evicted again because of him. He just wants to do the right thing – mostly for his little sister… who shouldn't have to deal with the yelling and aggravation and always moving around.

He's walking past the local pub and notices a car that he knows he can get a few hundred dollars for at the local chop shop (a place where stolen cars are dismantled for parts and quickly sold). On a whim he checks the door, and it's open.

Before he knows it, he is driving down the highway towards the chop shop, feeling alive and happy that his problems are solved…

Three weeks later there is banging on the door. The police are here to charge him with Theft Over $5000. – there was a plant (police informant) in the chop shop who ratted him out… after the car was taken apart and sold for parts.

What do you think Michel and/or his supporters need?

Scenario for Part II of the workshop: The Trial

Groups 1 and 3

For Guy and/or his supporters.

Well, Guy can't believe what a hassle it is to have your car stolen. First, there was the lost vacation – and work, and camera. At least his wife had the car seat! Then, he had to deal with the police and settle with the insurance adjuster. His car was never found – beyond some parts they think might have been his…

Six months later, after following up with the police officer several times, he learns the trial dates, and decides to take a half-day off work to see what happens. Apparently they don't even need him to testify, since they found his license plates on the scene. With fingerprints, they have enough evidence. He actually doesn't really have any information they need, but he wants to be there to see how this works.

He shows up in court and takes a place in the ‘audience'. There seem to be many cases being handled this morning. Lawyers, witnesses, police, bailiffs and the judge are following some pattern of considering and then dismissing or dealing with cases. He sees the police constable from his case who shows up and goes and talks to a lawyer for the "Crown". He sits down beside Guy, and says "Let's see how this goes. I can't believe he won't plead guilty. I have to get back on the road."

Before he knows it, the young man who evidently stole his car is sitting at a table, and the lawyers and the judges are talking. He pleads guilty, and a deal is announced. Sentencing consists of a six-month sentence, to be served beginning immediately.

Guy is a bit confused, and surprised. Before he knows it, everyone is leaving, and the police officer shakes his hand and says:

"Not surprised he pled guilty once I showed up to testify. He'll be out in about 60 days, to steal someone else's car…" he says, "or before. Good seeing you again." He is gone.

Guy isn't really sure what happened, and is feeling disappointed. Is this justice?

What do you think Guy and/his supporters need?

Scenario for part II of the workshop: The Trial

Groups 2 and 4

For Michel and/or his supporters.

After many months, finally it is going to be over. Michel remembers that he was taken to the police station and charged. He was fingerprinted and photographed, and assigned a lawyer whom he has met only once. The guy told him to show up today, clean, and in his best clothes. He thinks there might be a trial, or maybe he will be asked to plead guilty. He isn't sure; something to do with "We'll see who shows up, what our chances are."

At home, they did need to move again, just last month, and his sister has moved back into foster care. He is crashing at a friends' place, on the couch. He isn't working right now because he doesn't think there is any point. His parents don't want him at home, and he knows he really screwed up, so might be doing jail time… so why bother getting a job now, with this hanging over his head?

Before he knows it, ‘his' lawyer (a new one) is telling him she recommends he plead guilty; the damn cop showed up to testify, so he is screwed. Michel figures he might as well…at least if he gets provincial time (less than a 2 year sentence) he won't have to worry about finding somewhere to crash for a while.

After he pleads guilty, he is sentenced to six months, and doesn't really know what that means. He is led out by the bailiff…

What do you think Michel and/or his supporters need?

Scenario for Part III of the workshop: The Restorative Process

For all groups

In the town where Guy and Michel lives is a Community Justice Centre that works with the police, school district and community members to help them solve incidences of crime, conflict and neighbourhood dispute. Trained volunteer mediators work to bring together those most affected by a harmful event or conflict. The facilitators then help them talk about how they were affected and what they need to have happen to move forward, including considering restitution.

Imagine for a few moments that Guy and Michel didn't end up in court; that the police decided that this case could be referred to the Community Justice Centre. Everyone agrees this might be a good idea to explore, and several facilitators are assigned to the case.

Several weeks after the car theft, the trained facilitators contact each person affected. The facilitators meet with Guy and his family and friends, and then the following week they meet with Michel, and an uncle who supports him. First they talk about what restorative justice is, and the key behaviours that will be expected. Communication must be respectful, and people must listen to one another respectfully. Everyone must want to be working towards a positive solution. They are all made aware that the facilitators can not offer legal advice.

Each group talks about what happened separately. How was each person affected by what happened? What were their feelings? What do they need?

When everyone understands what a restorative process can look like, and is ready to move towards the next step, a circle is arranged. The facilitators bring everyone together with great care (Safety first! It is important that there is no chance that anyone participating will be further harmed by what might happen in a circle), and everyone has a chance to share their stories, thoughts and feelings. Everyone learns a great deal about what happened, and how their actions affect others. Michel is able to take responsibility for the harms he has caused in meaningful ways, and those who need support are able to ask for, and receive it from others in the circle. They receive encouragement to do this.

They were able to express their concerns and needs (similar to what each group has outlined in Part I of the workshop) to each other, in person. This helped each person consider what restitution makes sense in this situation, to these people. In fact, the police officer was able to attend the circle, and was able to express how she is affected by this type of call, and what she knows about community safety. She talks about what may happen when someone becomes involved with ‘chop shops' and car theft. She expresses gratitude for the opportunity to be directly involved in a process that sees her as someone also affected by crime.

In the end, an agreement is reached and recorded; everyone signs the agreement and the facilitators agree to monitor Michel's progress; his Uncle will help him meet his commitments, and an educator from the school district also offers support. Michel agrees to work towards paying Guy for the insurance deductible, and the monies the family lost when their vacation time was cancelled. Everyone agrees that this restitution or repayment will take some time – perhaps months.

Michel is able to connect with people at the local School District so that he can register to work towards his General Educational Development ( GED) as an Adult learner. His uncle has offered to help him register with Social Services and help him find a place to live. Counseling is also happening with family members, although that may take a great deal of time to bear fruit.

Guy is able to express all the ways his family was affected, and his frustration with all of the ways this cost him – the insurance, the missed holidays, his wife's camera, and the aggravation of having to deal with it all. Now that he understands what was happening in Michel's life, though, he just wants him to get his life in order so it doesn't happen again. He wants to hear about Michel's progress over the next few months.

At the end of the gathering, refreshments are shared, and everyone agrees to support Michel to complete the agreement in good time. They will gather again in six months to touch base and see how things are going. If the agreement is completed then, the police will be notified and the case will be closed. Michel will have no permanent police record, as charges were stayed.

What do you think each person needs?

Universal Human Needs Inventory

The following list of needs is neither exhaustive nor definitive. It is meant as a starting place to support anyone who wishes to engage in a process of deepening self-discovery and to facilitate greater understanding and connection between people.

CONNECTION
acceptance
affection
appreciation
belonging
cooperation
communication
closeness
community
companionship
compassion
consideration
consistency
empathy
inclusion
intimacy
love
mutuality
nurturing
respect/self-respect
safety
security
stability
support
to know and be known
to see and be seen
to understand and be understood
trust
warmth

HONESTY
authenticity
integrity
presence

PLAY
joy
humor

PEACE
beauty
communion
ease
equality
harmony
inspiration
order

PHYSICAL WELL-BEING
air
food
movement/exercise
rest/sleep
sexual expression
safety
shelter
solitude
touch
water

MEANING
awareness
celebration of life
challenge
clarity
competence
consciousness
contribution
creativity
discovery
efficacy
effectiveness
growth
hope
learning
mourning
participation
purpose
self-expression
stimulation
to matter
understanding

AUTONOMY
choice
freedom
independence

solitude
space
spontaneity

© 2005 by Center for Nonviolent Communication
Website: www.cnvc.org
Email: cnvc@cnvc.org
Phone: +1.818.957.9393