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RJ Article Pranis, Kay. Restoring Community: The Process of Circle Sentencing.
This paper presents the peacemaking or sentencing circle as a community directed process, in partnership with the criminal justice system, for developing consensus on an appropriate sentencing plan which addresses the concerns of all interested parties. Peacemaking circles use traditional circle ritual and structure to create a respectful space in which all interested community members, victim, victim supporters, offender, offender supporters, judge, prosecutor, defense counsel, police and court workers can speak from the heart in a shared search for understanding of the event and to identify the steps necessary to assist in healing all affected parties and prevent future occurrences.
Located in articlesdb / articles
RJ Article Newfoundland Supreme Court - Trial Division.. A Healing Circle in the Innu Community of Sheshashit
This is the report, attached to a sentencing decision, of a healing circle in a Native community in Canada in response to an assault case. The offender was non-Native, and the victim was Native (Innu). The report details the participants (including the offender and the victim), the principles, the process, and the outcomes of the healing circle for the participants.
Located in articlesdb / articles
RJ Article Dutil, Jean-L.. "Restorative Practices Seen by the Court"
Quebec, Canada, Dutil discusses a number of principles and practices in Aboriginal communities in Quebec – principles and practices blending Aboriginal patterns and Euro-Canadian criminal justice. Using examples from actual incidents of crime, he refers in particular to sentencing circles and their similarity to traditional Aboriginal responses to wrongdoing (those traditional responses being based on Aboriginal values and philosophy).
Located in articlesdb / articles
RJ Article Bargen, J. Critical View of Conferencing
A critique of two new criminal justice initiatives, sentencing circles in Canada and family group conferences in Australia, is presented. Sentencing circles in Canada involve a process whereby community members recommend the sentence in cases involving other members of the same community. Family group conferences in Australia allow persons directly affected by crime to actively participate in dealing with the consequences of crime. Both collective and individual accountability for offending behavior. Both initiatives are evaluated in terms of their implications for aboriginal and indigenous communities.
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RJ Article Lilles, Heino. Circle sentencing: Part of the restorative justice continuum
Circle sentencing is one of many restorative justice practices. It seeks recognition of the needs of the victim, community involvement, and identification of the rehabilitative needs of the offender. Unlike some restorative justice practices, circle sentencing participates in and replaces sentencing in the criminal justice system. In this chapter, Lilles studies the nature and application of circle sentencing in the Canadian context. This includes a survey of the circle process and its outcomes (what happens with the offender after the circle, and the impact of the circle on participants). Critical commentary on circle sentencing addresses barriers to implementation, the nature and role of the community, concerns about the victim in the process, issues related to offender participation, and the role of the judge.
Located in articlesdb / articles
RJ Article Pranis, Kay. Going Around in Circles
In her article introducing this newsletter issue, Pranis states that peacemaking circles bring together the ancient wisdom of community and the contemporary value of respect for the individual. Such circles are being used in Minnesota in a number of contexts: support for victims; assistance to help offenders with behavioral change; sentencing of offenders; aid for families in crisis; and conflict resolution in schools and workplaces. Pranis surveys some of the values and processes of peacemaking circles.
Located in articlesdb / articles
RJ Article Percival, Christel Skinner. Testing Braithwaite's Theory of Reintegrative Shaming Through Data on the Circle Sentencing Program in the Yukon
Hypotheses based on Braithwaite’s (1989) theory of reintegrative shaming were analyzed through data on the circle sentencing program in the Yukon Territory (Canada). Circle sentencing was introduced in 1992 primarily for sentencing First Nation (Aboriginal) offenders. Secondary data were collected on the outcome for 164 offenders and 10 communities who were involved between 1992 and 1997. Recidivism data were collected on offender contacts with the justice system for three years following initial circle sentencing. Fifty-three percent of offenders were convicted of further crimes. Recidivism increased to 68% when criminal charges and/or days incarcerated were included. Interdependency characteristics of offenders were predictor variables: age; gender; marital status; educational level; and employment status…. None of the regression models were found to be significant. Therefore, Braithwaite’s (1989) theory did not describe the circle sentencing program practiced in the Yukon. Limitations of the application of theory may include: 1) lack of opportunities and resources for offenders; 2) alcohol use by 95% of the population; 3) inadequate follow-up and support; 4) failure to adequately shame (accountability); and 5) historical and cultural damage. Community participation in planning initiatives would ensure innovations reflected community needs. Additional explanations could be the unique characteristics of the Yukon communities, especially with high levels of population mobility and population changes. Author’s abstract.
Located in articlesdb / articles
RJ Article Schweigert, Francis J.. Underlying principles: The spirituality of the circle
In exploring the nature and purpose of processes with participants arranged in a circle, Schweigert first points in general to the significance of the circle in human life. He then examines the particular significance of circles in Native American tradition and experience. The discussion touches on key aspects of Native American spirituality and on specific elements of circle processes in Native American cultures.
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RJ Article Bushie, Burma. Community Holistic Circle Healing: A Community Approach
The author describes the work of healing circles (akin to community and family conferences) in a Native community in Canada to deal with cases of sexual abuse. She describes in detail the participants, principles, procedures, and desired objectives (e.g., accountability, healing, restitution, reconciliation) of a Community Holistic Circle Healing model involving offenders, victims, family members, community members and leaders, social services professionals, and government criminal justice officials (crown attorneys and judges). Community Holistic Circle Healing is providing a concrete alternative to the standard Canadian criminal justice process for dealing with offenses.
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RJ Article Brown, Judy and Pranis, Kay. Using Peacemaking Circles in Family Violence: Hopes and Cautions
This session will explore the potential risks and benefits of using the peacemaking circle process to work with victims and offenders to address issues of family violence. Experienced advocates will share what they have learned in a pilot project initiated by a domestic violence agency in Cottage Grove, MN. The distinct challenges of family violence cases will be discussed along with limitations of the circle process. Presenters and participants will work to identify special practice requirements related to the use of this process in cases of family violence. Author's abstract
Located in articlesdb / articles