Restorative Justice and Crime Victims

1. Restorative Justice and Crime Victims Module 3.1 Kentucky Victim Assistance Academy Draft KVAA

2. 3.1 Learning Objectives • Identify the purpose of restorative justice • Identify when restorative justice is not effective • Identify the difference between the restorative justice program used by the Dept. of Corrections and the restorative justice program promoted by the Defense Bar Draft KVAA

3. Restorative JusticeDefined • Restorative justice emphasizes the importance of elevating the role of crime victims and community members through more active involvement in the justice process, holding offenders directly accountable to the people and communities they have violated, restoring the emotional and materials losses of victims, and providing a range of opportunities of dialogue, negotiation, and problem solving....(Umbreit) Draft KVAA

4. Restorative JusticeDefined • Restorative justice is both a philosophy and approach that balances the interests, rights and needs of victims, offenders, and the community. (Seymour) Draft KVAA

5. The Seven Values ofRestorative Justice • Crime is an offense against human relationships. • Victims and the community are central to the justice process. • The first priority of justice processes is to assist victims. Draft KVAA

6. The Seven Values ofRestorative Justice (cont.) • The second priority of justice processes is to restore the community, to the degree possible. • The offender has personal responsibility to victims and to the community for crimes committed. Draft KVAA

7. The Seven Values ofRestorative Justice (cont.) • The offender will develop improved competency and understanding as a result of the restorative justice experience. • Stakeholders share responsibilities for restorative justice through partnerships for action. Draft KVAA

8. Restorative Justice :The Community • Fear of crime and delinquency is a driving force. • Must validate that the community is hurt by crime: • Quality of life issues. • No such thing as a “victimless” crime. • Must address personal safety issues. • Recognition of the “domino effect” of crime. Draft KVAA

9. Restorative Justice :The Community • The community must define itself: • Not simply by geography. • Cultural, economic and geographic considerations all play a part. • Attention paid to the “minorstream”, as well as the “mainstream.” • Focus on community assets, not just deficits. Draft KVAA

10. Restorative Justice :The Community • Community empowerment to help members “own justice.” • Build on existing efforts: • Recognize and utilize existing “communities.” • Collaborate with community-based and focused efforts of the CJS and JJS. • Focus on proactive versus reactive approaches. Draft KVAA

11. Restorative Justice :The Community • Must assess our assumptions about the community and crime. • Identify key change agents (not always the visible leaders). • Collaboration and partnerships are key. • Informing and involving the news media are critical as well. Draft KVAA

12. Restorative Justice :The Community • Volunteers are essential! • Must represent victims, offenders, community members, and the CJS/JJS • Volunteer roles must be clearly defined. • Volunteer recognition keeps the wheels rolling! Draft KVAA

13. Restorative Justice :Applications for the Community • Identification of change agents. • Identification of community needs. • Community forums. • Community impact statements. • Merchant Accountability Boards. • Community Justice Centers. • Involvement of the news media. Draft KVAA

14. Restorative Justice :Victims • Victims define the harm! • Understanding of victim trauma is essential. • Focus on not just that victims might be angry or frustrated, but why they are. • Respect for diversity among victims. • Victims’ rights, services and needs become a priority for the CJS, JJS and community-at-large. Draft KVAA

15. Restorative Justice :Victims • Involvement of victims and advocates in planning, implementation and evaluation related to restorative justice. • Outreach to non-reporting and non-adjudicated victims. • Use of “surrogate victims” when direct victims are unable or unwilling to participate. • Development of “victim-sensitive” outreach tools. Draft KVAA

16. Restorative Justice :Victims • Creation of victim-specific performance measures. • Focus on implementation of core victims’ rights: • Notification. • Restitution. • Protection. • Input/involvement. Draft KVAA

17. Restorative Justice :Victims • The “language” of community and restorative justice: • The “F” word… • Reconciliation. • Healing. • Closure. • Victim “responsibility.” • Role of punishment • “Restoring victims” Draft KVAA

18. Restorative Justice :Victims (cont.) • Expectations of victims within a CJ framework. • “Not for all victims?” • “Past sins” must be identified and validated. Draft KVAA

19. Restorative Justice :Applications for Victims • Supportive services from the system and from the community. • Victim Advisory Councils. • Designated Victim Service Representatives in the CJS and JJS. • Revised victim impact statements. • Better coordination on restitution. • Victim awareness classes. Draft KVAA

20. Restorative Justice :Offenders • Share role as “client” with victims and the community. • Accountability and competency development are key tenets: • Community- and victim-driven support for both tenets. • Opportunities to show responsibility and to learn something positive. Draft KVAA

21. Restorative Justice :Offender Accountability • To victim, own family, community, and self. • Includes: • Individual self-assessments of obligations (including to whom) • Family obligations. • Community service. • Victim restitution. Draft KVAA

22. Restorative Justice :Competency Development • Education. • Basic living skills. • Job training. • Victim empathy. • Service to self and others. • Others? Draft KVAA

23. Restorative Justice :Offenders • Community-based and prison/detention-based programs. • Approaches that are consistent and collaborative. • “Cycle of violence” and inter-generational problems addressed. • Strong efforts to encourage community support of offenders, and victim support of offender-directed restorative efforts. Draft KVAA

24. Restorative Justice :Offenders • Victim information/input should be integrated into offender case planning. • Community members (including victims) should be recruited as volunteers and mentors. • Measurements for success are critical – establish benchmarks! Draft KVAA

25. Restorative Justice :Applications for Offenders • Restorative community service. • “Victims First” programs (Nebraska). • Circles. • Mediation and family group conferencing. • Opportunities for employment and education. • “Surrogate” support systems from the community and from victims. Draft KVAA

26. Restorative Justice:The CJ and JJ Systems • Must be willing to share responsibility for justice and community safety. • Need to change: • Performance measures. • Job descriptions. • View of “clientele.” • Validation and respect for cultural and geographic diversity. Draft KVAA

27. Restorative Justice :Where Do You Go From Here? • Identify and clarify shared values for restorative justice. • Identify change agents and key stakeholders. • Continue work of planning/coordinating position and collaborative committee. • Encourage allied professions to follow the lead of corrections. Draft KVAA

28. Restorative Justice :Where Do You Go From Here? • Determine who in the CJS, JJS, victim service community, and/or community needs to be “brought on board.” • Training and cross-training. • Build on existing efforts. • Determine how restorative justice fits with federal and private funding opportunities. Draft KVAA

29. Restorative Justice :Where Do You Go From Here? • Prioritize programmatic approaches and obtain planning, training and evaluation resources. • Market research. • Community building and bonding. Draft KVAA

30. “BE THE CHANGE THAT YOU WANT TO CREATE” Draft KVAA

31. For More Information….. Anne Seymour annesey@atlantech.net Draft KVAA

32. Questions Draft KVAA

33. Communicating Effectively with Crime Victims & Survivors PRESENTED BY: Anne Seymour National Crime Victim Advocate annesey@atlantech.net

34. Learning Objectives • Describe victim trauma and how it may affect communications with victims • Identify how to encourage effective communication • Learn and practice tips about talking to victims and dealing with victim trauma • Use personal experience to inform discussion of effective victim communications Draft KVAA

35. “Victims remember two things: those who help, and those who hurt.” - Cheryl Ward Kaiser Draft KVAA

36. ICEBREAKER What are some of the CHALLENGES you face in talking to victims? Draft KVAA

37. Why You Should Be Concerned with Victim Trauma (MUSC) • Major factor in victims’ failure to cooperate with the CJS and community corrections • Can increase victims’ cooperation • Can improve their favorable perceptions of the CJS and community corrections • Can decrease potential for secondary trauma. • Can increase effectiveness of victim input Draft KVAA

38. Common Victim Stressors • Seeing the offender in court or at a release hearing • (Re)thinking about the crime before dealing with justice professionals • Wondering if you’ll be believed and/or blamed • Not understanding the system and what is going on • Protection/safety issues Draft KVAA

39. Factors that Affect Trauma • Existing stressors in one’s life • Past traumatic experiences, including prior victimization • Treatment by others (including family members, friends and justice professionals) • Mental health and supportive services Draft KVAA

40. Common Immediate Reactions • Terror • Shock • High anxiety • Can’t believe it has happened • Physiological arousal Draft KVAA

41. Common Short-term Reactions • High anxiety • May or may not look distressed • Disturbed concentration • Concerns about safety • Sleep disturbances • Concerns about who to tell • Concerns about being believed, and not being blamed Draft KVAA

42. REMEMBER…..The amount of time between when the crime occursand your interactions with victimsmay affect your communications….. Draft KVAA

43. Long-term ReactionsPTSD • Person has been exposed to a traumatic event in which both of the following were present: • Experienced, witnessed or was confronted with an event or events that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others. • The person’s response involved intense fear, helplessness, or horror. Draft KVAA

44. Other Long-term Psychological Responses • Depression • Thoughts of suicide and suicide attempts • Alcohol and other drug abuse • Problems with relationships • Changing view of the world: • As a “safe place” • Trust issues • Seeking justice Draft KVAA

45. Theory and Victim Trauma • Stress theory: developmental, chronic/occupational, and acute. • Classical conditioning. • Avoidance. • Generalizability. Draft KVAA

46. What Affects YOUR Communications with Victims? • How much information you have about the victim and the case • How and where do you get this? • Victim trauma and their reactions to you • Victim understanding of the CJS, prosecution and court processes • YOUR level of comfort…… Draft KVAA

47. Quick Activity • Explaining your role: • Working with victims/survivors • Working with prosecutor • Working with victim service providers Draft KVAA

48. Possible Effects of Victim Reactions on Communications • Difficult interviews with victims: • Who are angry, confused, highly traumatized or don’t want to talk to you • Limited information: • On what you can tell the victim • On what the victim can tell you • Stressful to you: • Vicarious trauma Draft KVAA

49. You Can Discourage Effective Communication by: • Talking too much or too fast • Talking too little • Using jargon and not being clear WHAT ARE SOME EXAMPLES OF “CJS JARGON” THAT VICTIMS MIGHT NOT UNDERSTAND? 9 Draft KVAA

50. You Can Discourage Effective Communication by/2: • Lack of attention to affect of the victim • Behaving in a blaming, defensive or judgmental manner Draft KVAA