SCHEDULE: DAY 2 09:00 Registration and coffee 09:20 Stakeholders - - PowerPoint PPT Presentation

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SCHEDULE: DAY 2

09:00 Registration and coffee 09:20 Stakeholders in Restorative Conferencing Conference participants and their needs Demonstration Conference 10:45 Break 11:15 Facilitation Practice Exercise: Preparation 12:05 Practical Conferencing: Use of conferencing 12:30 FPE 1 13:00 Lunch 13:40 Conferencing Theory: Shame and Affects 14:15 BREAK 14:30 FPE 2 15:30 Questions and Close

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Stakeholders in Restorative Justice

State/ national government National Non- governmental

• rganisations

Society as a whole General public Local non- governmental

• rganisations

Legislators Local government

• rganisations

Faith community Local community members neighbours Victim’s extended family and close friends Victim’s immediate family Others directly affected Offender’s immediate family Offender’s extended family And close friends witnesses

Victim Offender

Paul McCold and Ted Wachtel -2000

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Emotional Needs

Think of a situation when you have been angry and resulted in negative and harmful behaviour towards another person Write the sentence: I felt angry when…… I felt hurt because…… What I needed and did not get was….. What I feared was ……… Now pair up; person B listens, person A speaks. Share your thoughts on each stage of this. What do you think was the point of the exercise and how could it be used with young people?

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Harmed Person Experience

Think of an incident when you have been harmed; form pairs Briefly tell about it What needs did you have? To what extent were those needs met? (If you would rather not participate, please refrain)

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Harmed Person’s Needs

Opportunity to express emotions Acknowledgement from loved ones Assurance that what happened was unfair and undeserved Offender held accountable Financial restitution Possible contact with offender

• apology
• questions
• assurance of safety

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Involving Affected People in Restorative Justice

ENSURE GOOD PREPARATION

Recognise their status as an affected person Understand how inappropriate behaviour / crime affects people Be honest, fair and respectful Explain in a way that they can understand Be realistic Offer informed choices and accept their decisions

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What Participants Want

To know what’s happening To be heard and taken seriously To know ‘why me?’ To know it won’t happen again Support

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Possible responses to incidents / events / crime

Unexplained bouts of rage Tearfulness Sleep / eating disturbances Confusion / memory loss Repetitive behaviour Withdrawal Intrusive thoughts

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How Inappropriate Behaviour Affects People

Fear Anger Shock or numbness Guilt Alienation from family and friends Loss of control Distress LOSS

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Benefits for Harmed Person’s Group

Telling offender how they were affected Holding the offender accountable Having a say in how to repair the harm Possibly receiving an apology and restitution Asking the offender questions about the offence

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Benefits for Offender / Wrongdoer’s Group

Opportunity for offenders to understand the consequences of their behaviour Learn how the incident has affected their family and friends Help develop and implement a plan (supported if necessary) to repair the harm Disapprove of behaviour while affirming their worth Alternative to punitive disciplinary processes or avoids criminal charge

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Facilitation Practice Exercises: Preparation

Telephone Preparation of someone unable to attend. Questions: What is your understanding of what has happened? Have you been affected? In what way? Who else has been affected and how? What do you think needs to be done to put things right?

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Facilitation Practice Exercises: Preparation

Face to face preparation Pick a group, either harmed person’s or harmer’s group Think carefully about who you will prepare together Assign roles Make appropriate notes to which you can refer during the conference

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Conference Facilitators

Professionals as part of their jobs Specialists hired as full-time facilitators Trained volunteers Peers

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Pay attention to:

The seating plan The facilitator’s behaviour The order of people speaking Questions are asked consistently

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• Restorative

Conferencing

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• Restorative

Conferencing

problems

Outcome agreement Collaborative success

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Facilitation Practice Exercise debrief

What was it like being that person? Did your feelings change in during the conference? If so, why? When your character left the conference what would his / her predominant feeling be? Who are you in real life? Tell me one thing that is different about you from the part that you played? Any other comment about the part you played?

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Ashamed and Wronged

Group 1: How do people react when they feel ashamed? Group 2 How do people feel when they feel wronged?

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Shame

Shaming Ceremonies Central to social relationships Seeing oneself negatively in the eyes of others Perceiving a threat to the bond; fear of disconnection

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Shame

Western societies focus on individual Traditional societies:

central importance of shame is taken for granted Maori: whakamaa First Nation Americans: Wayumune

Regulates / builds awareness of all our other emotions

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Compass of Shame

Withdrawal Withdrawal Attack Self Attack Self Avoidance Avoidance Attack Other Attack Other

Isolating oneself Isolating oneself Running and hiding Running and hiding Self put down Self put down Masochism Masochism Denial Denial Abusing drugs and alcohol Abusing drugs and alcohol Distraction through thrill Distraction through thrill seeking seeking Turning the tables Turning the tables blaming the victim blaming the victim lashing out verbally or lashing out verbally or physically physically

Nathanson 1992

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Theory of Affects

Tomkins Blueprint –

• We are ‘wired’ to want to increase positive affect and:
• Decrease the negative affect
• We live best when we can accomplish these two goals
• Anything that increases our power to do this, favours life

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Theory of Affects

Positive – interest – excitement

• enjoyment – joy

Neutral – surprise – startle Negative – Distress – Anguish

• disgust
• anger – rage
• fear – terror
• shame - humiliation

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Theory of Affects

Relationships / bonds are built / maintained by:

• Allowing AFFECT (emotions) to be ventilated
• Sharing and minimising NEGATIVE affect

(by listening and acknowledging)

• Sharing and maximising POSITIVE affect
• Doing more of 1, 2 and 3

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Acknowledged Harm – Conference Framework

10 Steps PREPARATION Restorative

ACTIONS Emotions

Step 1

PREAMBLE/ FOCUS

Step 2

story

PERSON WHO CAUSED HARM

Acknowledgement Distress

Past

telling

HARMED PERSON Listening Disgust

Step 3

HARMED PERSON’S SUPPORTERS Validation Anger WRONGDOER’S SUPPORTERS Ownership Shame

Anxiety

Step 4 Present

reflection

PERSON WHO CAUSED HARM

Remorse Surprise

“ANYTHING TO SAY”? Reflection Interest

Step 5

AGREEMENT PHASE

Acknowledgement

Step 6

reparation

ASK WHAT ALL PARTICIPANTS Attribution Interest

Step 7

Future WANT TO COME OUT OF THE Reflection Excitement

Step 8

MEETING Normalisation Enjoyment

Step 9

Change of status

Contentment

Relationship building

Step 10

STRONGER CLOSURE RELATIONSHIPS Hope and relief REFRESHMENT PHASE

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Behavioural Change – Braithwaite and Social Control

Braithwaite claims:

That shame is innate in all of us and occurs at two levels:

Internal

• socialisation
• ability to decide between right and wrong
• develop conscience

External

• Through sanctions or condemnation from

family, community or important others

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Behavioural Change – Braithwaite and Social Control

Where individual wrongdoers are confronted within a continuum of respect and support, then a process of REINTEGRATION can begin: This allows- the act (unacceptable behaviours) to be rejected The intrinsic worth of the person to be valued

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Reintegrative Vs Stigmatising Shaming

Inappropriate Behaviour

Informal / Personal Formal / Impersonal challenging and engaging confrontational Re-integrative shaming Stigmatising shaming Ceremony of restoration Out casting and acceptance

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Conference Emotions The Core Sequence

Expression of painful emotions Expression of genuine shame and remorse First step towards forgiveness Generates: Repair and restoration of bonds More extensive restoration with other participants and their community

Strategy for Community Conferences: Emotions and Social Bonds

• Scheff and Retzinger (1995)

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Conference Emotions

Moral indignation Damages Causes potential defensiveness bonding in offender Prevents harmed person Prevents from getting in symbolic touch with shame reparation

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Conference Emotions

Interrupting Excess of Moral indignation: Depends largely on facilitator’s skill and ability to:

• Detect repetitive displays of moral indignation
• Interrupt these by appropriate questions aimed at penetrating

anger defensiveness

• Encouraging ventilation of these strong emotions
• Focus on the incident – ‘deed not the doer’

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Conference Emotions

Hints for Managing Shame

• Facilitator organises own conference and had connected with

participants

• Focus on ‘very first feeling’ of participants
• Time conference for as soon as possible after the incident
• Use of ‘Thinking’ and ‘Feeling’ questions

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Conference Emotions

Hints for Managing Shame

• Remember the conference process induces shame –

intentional shaming is unnecessary

• Emotional engagement occurs for offender when consequences for

significant others are real

Terry O’Connell

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Reintegrative Shaming

Reintegrative shaming occurs in the context of care and support Reintegrative shaming distinguishes between deed and doer Unacceptable behaviour is rejected Individual’s worth is affirmed

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Reintegrative Shaming

Reintegrative shaming avoids stigmatisation Societies that reintegrate offenders rather than stigmatise have less crime