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Spring 2015
Why did They Meet Their Offender? A ten-‐year data analysis of victim-‐offender facilitated dialogue program reveals why crime victims choose to participate (page 4)
In this Issue
Page 1 Honoring the Place and Voice of Victims/Survivors
Page 2
Why did They Meet Their Offender?
Page 3
Art and Accountability
Page 4
Serving Victim Needs
Page 5
Crime and Involuntary Relationships
Honoring the Place and Voice of Victims/Survivors Due to its close associations to an offender-‐centric criminal justice system, it is important that the restorative justice field be diligent in its consistent reflection on how we are, or are not meaningfully attending to the needs of the victims/survivors we serve. Through this year’s NW Justice Forum and this issue of the RJCO Quarterly, the hope is to prioritize and provide space for this reflection and discussion. For the 2015 Spring Issue, we highlight how the work with victims/survivors is being done in alignment with restorative justice values and principles. Then the NW Justice Forum on June 23-‐25 is set to provide safe space to engage with the theme of “Honoring the Place and Voice of Victims/Survivors: The Role of Restorative Justice”. Through these avenues, our hope is to start an ongoing conversation that ultimately can deepen the field’s understanding of what must be done to more meaningfully fulfill the promise that restorative justice holds for victims/survivors of crime we serve.
Sincerely, Matthew Hartman President, RJCO
“Do your little bit of good where you are; it’s those little bits of good put together that overwhelm the world.”
Archbishop Desmond Tutu
RJCO Quarterly Restorative Justice News for Practitioners
Page 6 Newsflash: Eugene
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5 Spring 2015
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I read The Crime of Punishment (1969), by Karl Menninger when it was first published; a groundbreaking book that provided solid evidence that our prison system created more criminals and that punishment did not function as a deterrent to crime. Somehow in that moment I knew the truth of the importance of recognizing the relationship between someone responsible for harm and the person harmed. That true accountability is actualized when that direct connection is made, when the personal impact is understood, when there is no distraction afforded by a plea, or denial, or through some external punishment.
These beliefs got tested when seven years later I became a victim of a violent crime. At the time, people asked me if I didn’t want the stranger who tried to kill me locked up and severely punished. In
all honesty my answer was no. I didn’t trust that going to prison would address whatever caused him to shoot me in the first place nor prevent him from doing it again. I wanted a conversation, to find out why he did what he did. To tell him how he hurt me. I longed for a way for him to be accountable to me. I wanted him to reimburse me for all the expenses I had…for all the resources I would come to use throughout my lifetime to heal from his actions. I still do.
In February 2008 a woman contacted me; she was looking for a “mediator” to facilitate a conversation with the man responsible for her being paralyzed and in a wheelchair. Fifteen years prior he crashed into her car while speeding and under the influence of alcohol. After months of preparation I facilitated that conversation and witnessed the importance of what was exchanged
Crime and Involuntary Relationships In practicing restorative justice we must recognize and address the involuntary relationship created when crime is committed with approaches that are victim-‐centered AND offender-‐sensitive Mary Zinkin, Ph.D. Co-‐founder Center for Trauma Support Services Assistant Professor PSU Conflict Resolution Graduate Program
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for BOTH of them to heal and recover. And I learned how imperative it is to recognize that dialogues between those impacted by crime are NOT the same as mediation.
It can be challenging for those of us steeped in practices that are derived from principles of conflict resolution and mediation to recognize those differences. However, it is important to recognize that the needs of the victim/survivor and the offender are NOT equal in the process and that the container created by the facilitator MUST ensure that the victim/survivor experiences as little re-‐traumatization as possible. This is necessary to heighten our sensitivity to keep contact, conversations, and processes victim/survivor centered given the offender focus of the criminal justice system.
In February I co-‐founded the Center for Trauma Support Services, a community-‐based nonprofit. While currently in early stages of development our mission is to address
the needs of trauma survivors and their families, particularly victims of reported and unreported crime, with services that restore safety and create connections. We recognize the
involuntary relationship that is created when crime is committed and are motivated to expand the definition of justice and how it can be experienced. We are dedicated to keeping services focused on victim/survivor needs and increasing safety in the community by humanizing those impacted by crime.
I will be offering two workshops at the Northwest Justice Forum in June. One will be showing a very powerful documentary that sheds light on victim/survivor needs, and the other focusing on a particular model of building trauma resiliency. I look forward to working with all of you to further your mission to promote and support restorative justice practices by creating programs that are both victim/survivor-‐centered AND offender-‐sensitive.
Page 2
I didn’t trust that going to prison would address whatever caused him to shoot me in the first place nor prevent him from doing it again. I wanted a conversation, to find out why he did what he did. To tell him how he hurt me.
We recognize the involuntary relationship that is created when crime is committed and are motivated to expand the definition of justice and how it can be experienced.
4 Spring 2015
Page 3
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• Acknowledgement: to know that the community takes seriously what has happened to them and to be acknowledged as victims.
• Information: how is the community responding to the harm that has been done to them? What can they expect of the process and how does it work? What services are available to them?
• A voice: a safe place to share: their story, the impact of the harm done to them, and how they would like to see the person responsible for the harm held accountable, and
• A choice to participate: an opportunity to meaningfully participate in the justice process and to have access to information that allows them understanding of the ways in which they can be actively involved.
In order to create services that effectively meet these ongoing needs of victims and recognize that victim impact and needs are not static, we must first value and honor victims. Whether we are working as restorative justice practitioners or within the criminal justice system, there is room to strengthen our services with respect to victims. When we create restorative justice programs,
we must constantly ask ourselves how we are honoring victim voice and work to consistently improve our delivery. We must create spaces and organizational partnerships that don’t simply allow victims an opportunity to tell their stories and express
their needs, but that truly set us up as practitioners, and community, to respond to victim needs. We must ask ourselves how our attitudes and biases perpetuate marginalization of victims, as justice is not being done, restorative or otherwise, when we minimize the integrity and needs of the victim.
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Having worked directly with offenders and the incarcerated population for many years, my passion for restorative justice was tightly bound to the idea that RJ provides an opportunity to humanize those who have been demonized. I championed RJ because of the potential positive outcome for the offender. While my focus had been on my work with offenders, I was aware that victims were served disproportionately within conventional mechanisms of justice, and was confident that victims were more wholly served through restorative justice processes.
Now, with nearly a year under my belt running a restorative justice based victim services program providing direct service to victims, I have come to acknowledge that while restorative justice processes create the possibility to meet the needs of victims, community, and offenders in a way the traditional system cannot, the approach to serving each of these stakeholders often remains disproportionate leaving crime victims marginalized.
It is critical that we bring more balance to this equation, as the symbiotic relationship of each stakeholder means that we cannot effectively serve one without wholly serving the other. To begin it is crucial to understand what the majority of victims seek:
Serving Victim Needs
Working for victim services provides insight into what victims needs from the justice system. Rhea DuMont Victim Services Coordinator Clackamas County Juvenile Department
When we create restorative justice programs, we must constantly ask ourselves how we are honoring victim voice and work to consistently improve our delivery.
3 Spring 2015
Why did They Meet Their Offender?
Evaluation of 10 years of facilitated dialogues sheds light on why victims choose to participate in the program.
Mike Niemeyer Advisory Committee Member, Oregon Department of Corrections Facilitated Dialogue Program
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The Oregon Department of Corrections (ODOC) recently completed a preliminary evaluation of the first 10 years and 110 cases of the Oregon Facilitated Dialogue program (FDP). The purpose of this evaluation was to articulate a program logic model and test program evaluation instruments. For the purposes of this short article, I summarize the reasons why victims/survivors choose to participate in the program.
The ODOC FDP program provides an opportunity for victims/survivors of serious and violent crimes to meet with their offenders. The program is victim/survivor initiated and typically begins with a telephone conversation between the program coordinator and the victim/survivor. During this intake process the victim/survivor is asked, “What do you hope to accomplish in this process?” In reviewing a sample of the responses received to this question, six major themes emerged. The victim/survivor wanted:
1. To know more about the offender (e.g., What his/her life was like prior to the crime? What are his/her current goals or motivations? What is his/her attitude towards the survivor? Is he/she remorseful? Do we need to be worried about our safety when the offender gets out? What are the offender’s spiritual beliefs?).
2. Additional information from the offender regarding the details of the crime -‐ put conflicting stories to rest . (e.g., What happened that night? Why were you there?)
3. To see some action from the offender (e.g., Wanting the offender to do something positive while incarcerated; Wanting the offender to do good/better when they get out).
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4. The victim wanted the offender to know about the victim’s/survivor’s current state of mind.
·∙ In some cases the victim/survivor wanted the offender to know that the victim/survivor forgave them; In other cases the victim/survivor wanted to explain to the offender that a shift had occurred in the victim’s/survivor’s thinking since the crime or trial. (e.g., One respondent indicated that that they had made statements to the offender in court that they now regret.) Some victim/survivor wanted to explain what their life has been like, unrelated to the crime (e.g. They felt it was it was important for the offender to know that the victim/survivor can relate in some way to the offender because of their own difficulties or choices in life).
5. To acknowledge or clarify a past or ongoing relationship (e.g., The victim/survivor and offender may be family members or at one time had a relationship).
6. To see changes or improvements in the victim’s/survivor’s own life (e.g., Mitigating the negative impact of hate or anger in the victim/survivor’s life felt as a result of the crime; or relieving a sense of guilt that the victim/survivor has about what happened).
To what extent were these victim/survivor goals realized in the facilitated dialogue? How might these goals shift throughout the process? These and other important questions are what we hope to ultimately answer through the FDP evaluation process. Some information from a preliminary evaluation of the program will be presented at the NW Justice Forum this June.
Page 4
The ODOC FDP program provides an opportunity for victims/survivors of serious and violent crimes to meet with their offender.
2 Spring 2015
Teen uses song writing to make things right in his school community Cara Walsh Mediation Works
A Rap for Restorative Justice
“I think music in itself is healing. It’s an explosive expression of humanity. It’s something we are all touched by. No matter what culture we’re from everyone loves music.” Billy Joel
Dear You, I’m Blue I made my choice and You heard my voice and It must ‘ve spoke too loud
I said the words and Now you have heard and My head was in the clouds
Dear you I apologize for my crime
I just didn’t see that words can hurt Dear you
I am feeling bad I was mad I hurt you with my regretful words
I spoke my mind with Words so unkind and It was a big mistake Now I feel blue and I have hurt you and
The consequence I’ll take
I didn’t think first ‘Bout my mistake with Words harmful as a gun
My mind was turned off and My sense was lost and Then I was on the run
Dear you I apologize for my crime
I just didn’t see that words can hurt
Dear you I am feeling bad I was mad
I hurt you with my regretful words
Art and Accountability
Page 5
In response to feeling alienated and disconnected from his school community, a 16 year-‐old youth posted a Facebook message that threatened the sense of safety for the whole school community. He intentionally created a malicious statement so that he would get suspended and not have to attend school anymore. He had no idea how far his social media blitz would ripple out and the
imminent harm that it created amongst his peers, teachers, and administrators. Typically, this type of action would result in a suspension, however, because Mediation Works trained the administrators of Phoenix High School in restorative practices, they recognized that his behavior was a symptom of something else out of balance.
Subsequently, this youth was engaged in a process where he was given the opportunity to be heard, feel understood, identify what was at the root of his actions, learn how his choices impacted others, and be part of a plan to make things right. With a natural proclivity towards music as a form of expression, this youth wrote the following song for his school and Principal as one of the agreements towards taking responsibility and acknowledging the harm that his actions had caused his school community (poem to right).
… this youth was engaged in a process where he was given the opportunity to be heard, feel understood, identify what was at the root of his actions, learn how his choices impacted others, and be part of a plan to make things right.
Spring 2015
Page 6
Upcoming Events CoSA Circle Covenant Training May 15 7pm -‐ 9 pm Circle Volunteer Training May 16 9am to 3pm Interchurch Center, Pamplin Room 0245 SW Bancroft St., Portland, OR To register, please contact Audrey DeCoursey at [email protected] or (503) 988-‐8580 NACRJ Annual Conference The Future of Restorative Community Justice: Building Sustainable Communities June 1-‐3, 2015 Harbor Beach Marriott Resort & Spa 3030 Holiday Dr., Fort Lauderdale, FL 33316
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Newsflash
The Center for Dialogue and Resolution (CDR) has entered into an agreement with the Lane County District Attorney’s office (DA) and Lane County Circuit Court to start accepting referrals of adult felony property crimes for diversion into a restorative justice process. The defendants in these crimes (including theft, check fraud, embezzlement, malicious mischief and others) voluntarily choose to participate and must waive trial and admit guilt for the crimes as a condition to entering the program. If they successfully complete the program within the nine-‐month diversion period, the charges against them are dismissed by the court. If they fail to complete the program or commit another crime during the diversion period then the case goes back to the court for sentencing.
In the traditional criminal justice system, the end goal is for a guilty defendant to be held accountable by determining and then imposing an appropriate punishment for the crime, given all the circumstances. In the restorative justice model, the end goal is for a defendant to voluntarily take responsibility for his or her actions by completing a series of actions or tasks that are designed to repair the harms to, or negative impacts on, the victim(s). These actions or tasks are determined by the defendant and the victim together during a facilitated meeting at CDR’s offices and can be tailored to meet the specific needs of the victim.
The DA’s office anticipates referring as many as 300 to 400 cases per year to this newly established program. Given the financial condition of the county government, CDR designed the program to be self-‐sustaining -‐ without the need for government funding -‐ by placing the responsibility for the cost of the program on the defendants who will have to pay a fee to CDR in order to participate. That said, during this inaugural year of the program, the county applied for and received a grant that will be used to subsidize the cost for the defendants using a sliding scale based on the defendants’ income. There is a possibility that the grant will be renewed in the following year or years.
The court just recently referred the program’s first cases and so it will be some time before any results can be tabulated, but CDR mediators and facilitators can already see the potential for meeting victims’ needs and for improving public safety by helping defendants to understand the ripple effects of their choices so that in the future they will make different choices.