Handbook on Restorative justice programmes


The use of restorative approaches



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Handbook on Restorative Justice Programmes

The use of restorative approaches
16 
Bazemore and Griffiths, 1997, p. 25.
Case Study
Sentencing circle
16
The victim, the wife of the offender who had admitted to physically abus-
ing her during two recent drunken episodes, spoke about the pain and
embarrassment her husband had caused to her and her family. After she
had finished, the ceremonial feather (used to signify who would be allowed
to speak next) was passed to the next person in the circle, a young man
who spoke about the contributions the offender had made to the com-
munity, the kindness he had shown toward the elders by sharing fish and
game with them and his willingness to help others with home repairs. An
elder then took the feather and spoke about the shame the offender’s
behaviour had caused to his clan noting than in the old days, he would
have been required to pay the woman’s family a substantial compensa-
tion as a result. Having heard all this, the judge confirmed that the victim
still felt that she wanted to try to work it out with her estranged husband
and that she was receiving help from her own support group (including
a victim’s advocate). Summarizing the case by again stressing the serious-
ness of the offence and repeating the Crown Counsel’s opening remarks
that a jail sentence was required, the judge then proposed to delay sen-
tencing for six weeks until the time of the next circuit court hearing. If
during that time the offender had: met the requirements presented ear-
lier by a friend of the offender who had agreed to lead a support group
and had met with the community justice committee to work out an alco-
hol and anger management treatment plan; fulfilled the expectations of
the victim and her support group; and completed 40 hours of service to
be supervised by the group, he would forgo the jail sentence. After a
prayer in which the entire group held hands, the circle disbanded and every-
one retreated to the kitchen area of the community centre for refreshments.


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