Restorative Justice Is Important for Native American People

Restorative Justice

Restorative Justice

Restorative Justice is important for Native American people

because the process allows for the option of a return to

traditional forms of social order and control, that are culturally

relevant and ultimately more effective than the current system

in place. Although restorative justice is described in detail in

the text ahead, you can begin to understand how a return to

ownership and control of more effective social, political, and

cultural models or systems used to govern Native American

people furthers greater social advancement and self-

determining goals of Native American people.

What Is Restorative Justice?

“Restorative justice can be seen as a set of principles, which guide agencies and practitionersrather than a particular practice. It offers alternative ways of thinking about crime byemphasizing the harm crime does to the community, and how the community rather than thestate can respond to crime in more satisfactory ways.

It may incorporate a variety of approaches applied at various stages of the criminal justiceprocess:

pre-charge, pre-sentence, sentencing, and post release. A distinction is often madebetween the current system of retributive (define) justice which sees crime as a violation of thestate and emphasises guilt and the punishment of the offender, and restorative justice whichplaces an emphasis on all those involved in an offence - victims, offenders and the community- and seeks to reconcile, restore and repair relationships and situations.

Guiding Principles of Restorative Justice

The guiding principles of restorative justice include:

-making room for the personal involvement of victims and offenders (and their families andcommunities) in crime events;

-seeing crime problems in their social context;

-using a forward-looking, problem-solving approach; and

-flexibility of practice.

Objectives of Restorative Justice

The objectives of Restorative Justice include:

- providing for the emotional, material and financial needs of victims and those affected by a crime;

- trying to prevent re-offending through reintegrating offenders into their community;

- enabling offenders to take active responsibility for their actions;

- developing the capacity of the community to deal with the effects of crime as well as its prevention;

- avoiding more costly legal responses to crime.

Underlying assumptions are that crime derives in part from social conditions and relationships in communities, and that partnership between community organizations, citizens and justice agencies are essential components for dealing with crime (Marshall, 1998).

Restorative justice is seen as a new paradigm or a different way of doing justice which brings victims and communities into justice decision-making in a more meaningful way, encourages greater offender responsibility, is more effective than punishment or treatment programmes, can help to consolidate or re-build communities, and is less costly. It should no longer be seen as an interesting addition to the range of formal sanctions, but as an alternative which will change the way justice is delivered.

Sentencing circles have emerged as one of the main responses to the need for localized, community-responsive justice for Aboriginal peoples. They are seen as utilizing the traditional philosophy and principles found in Aboriginal communities which emphasise peacemaking, mediation and consensus-building, as well as respect for alternative views and equality of voices.”

(Source: Shaw, M. and J. Frederick, Restorative Justice And Policing In Canada Bringing The Community Into Focus, 1998. RCMP website )

What are Sentencing Circles (also known as Peacemaking Circles)

Sentencing circles are a community–directed process that reflects Native Americanculture and values. These processes actually occur within First Nation communitiesand they are an affective alternative to processes currently used within theCanadian justice system. Sentencing circles “are conducted in partnership with thecriminal justice system, to develop consensus on an appropriate sentencing plan

that addresses the concerns of all interested parties. Sentencing circles — sometimes called peacemaking circles — use traditional circle ritual and structure[common to many Native American nations] to involve the victim, victim supporters, the offender, offendersupporters, judge and court personnel, prosecutor, defence counsel, police, and all interested communitymembers. Within the circle, people can speak from the heart in a shared search for understanding of theevent, and together identify the steps necessary to assist in healing all affected parties and prevent futurecrimes."

(Source: Lilles, H. Circle Sentencing: Part of the Restorative Justice Continuum, 2002.)

The use of Sentencing Circles amongst Native American peoples has become increasingly favourable

because it promotes healing for all affected parties that provides an opportunity for the offender to make

peace and culturally appropriate restitution. The use of sentencing circles is especially helpful within NativeAmerican communities because this process works to empower and restore all effected stakeholders backinto a healthy place within close-knit communities.

Restorative Justice

Assignment

Complete the following questions:

1. What is your definition of Restorative Justice for Native American people?

2. Why is the process of Restorative Justice an important process for Native American

people?

3. Describe the guiding principles of Restorative Justice?

4. How are the objectives of Restorative Justice beneficial for Native American people?

5. What is the value of the use of Sentencing Circles within Native American communities?

6. How can the process of Restorative Justice further self-determination (self-government) for Native American people?

Rubric

Unit 5: Renewal and ReconciliationActivity 4