Handbook on Restorative justice programmes

HANDBOOK ON RESTORATIVE JUSTICE PROGRAMMES
Differences between criminal courts and circle sentencing
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Criminal courts
앫 The conflict is the crime
앫 The sentence resolves the conflict
앫 Focus on past conduct
앫 Take a narrow view of behaviour
앫 Receive an apology
앫 Avoid broader concern 
with social conflict
앫 Result (i.e. the sentence) 
is most important
앫 Relies on professionals
Community circles
앫 The criminal incident is regarded 
as a small part of a larger
dynamic/conflict
앫 The sentence is a small part 
of the solution
앫 Focus on present and future conduct
앫 Take a larger, holistic view
앫 Focus on social conflict
앫 Result is least important—the
process is most important, as 
the process shapes and sometimes
heals the relationships among 
all parties
앫 Empowers the community
15 
Adapted from Griffiths and Cunningham. 2003. Canadian Criminal Justice: A Primer. 2nd edi-
tion. Toronto: Thomson Nelson, p. 212.

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앫 recognize existing healing resources and creates new ones;
앫 coordinate the use of local and government resources;
앫 generate preventive measures.
To date, the majority of offenders who have had their cases disposed of
through sentencing circles were adults. However, an increasing number
of cases of young offenders are now being handled as well. Circle sentencing
has spawned a number of variations, including community sentence advi-
sory committees, sentencing panels and community mediation panels.
chapter 2