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Restorative Justice
      in Prison

       Daniel W. Van Ness
Centre for Justice & Reconciliation
 Prison Fellowship International




     © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Why Prisons?

Initiated by:
   Prisoners
   Victims
   Prison officials
   NGOs




   © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Restorative Justice in Prisons

       Why Prisons?
       Objectives
       Can Restorative Justice Work
        in Prison?
       Communities of Restoration




          © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Objectives

1.   Victim Awareness and Empathy
2.   Amends
3.   Mediation/Dialogue
4.   Prison-Community Ties
5.   Conflict Resolution
6.   Transformation



        © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Objectives

1. Victim awareness and
  empathy
    Teach about impact – no victim
     involvement
    Victim presentations in prison
    Conversations between victims
     and offenders




      © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Objectives

2. Amends programs
    Programs to pay actual victims
    Programs with symbolic amends




      © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Objectives

3. Mediation – dialogue programs
    Meetings between victims and
     their offenders
    Meetings between families and
     offenders
    Meetings between communities
     and offenders




      © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Objectives

4. Build ties between prison and
  communities
    Prisoners perform community
     service




       © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Objectives

5. Conflict resolution programs
    Alternatives to Violence
    Resolve disputes among
     prisoners
    Resolve disputes among staff
    Prisoner discipline and
     grievances



       © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Objectives

6. Transformation of prisoners
    Foster virtue in prisoners
    Moral goodness or excellence




       © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Obstacles

Is restorative justice compatible
  with imprisonment?




       © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Obstacles

1. Active versus passive stance
  of prisoners
    Taking responsibility requires
     hard work – reflection and
     reform of themselves
    Prison makes prisoners docile
     and unreflective




       © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Obstacles

2. Competition with prison
  culture
    Prisoners see selves as victims
     of corrupt or unjust system
    Prison subcultures are deviant




       © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Obstacles

3. Conflict resolution versus
  prison discipline
    Prisons use or threaten force
    Prisoners use force against
     each other
    Work against peaceful conflict
     resolution




       © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Obstacles

4. Stated versus perceived goals
    RJ staff – create a new sort of
     prison
    Prisoners – way of getting
     prison leave for good
     behaviour, work experience,
     etc.
    Prison staff – way of gaining
     more control over prisoners

       © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Obstacles

5. Lack of autonomy
    Prisons are authoritarian and
     hierarchical
    Makes it hard to take
     responsibility
    May make it impossible to take
     steps toward responsibility




      © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Obstacles

6. Social conditions in prison
    Prison conditions are seldom
     good
    Keeps prisoner focus on their
     situation, not on how their
     actions have harmed others




       © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Obstacles

7. Offender focus of prison
    Prisons are preoccupied with
     prisoners
    Difficult to maintain an authentic
     focus on victims




       © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Obstacles

8. Legitimation of prisons
    Prisons have problems and are
     expensive
    May create support for
     increasing use of prisons
     instead of increasing
     alternatives to prison




       © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Communities of Restoration

 APAC (Association for
   Protection and Assistance of
   Convicts)
 IFI (InnerChange Freedom
   Initiative)
 FBU (Faith Based Unit)



        © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Communities of Restoration




       © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Communities of Restoration


   Goal: To teach prisoners to
    receive and give love.




         © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Communities of Restoration

 Crime is the tragic refusal to love.
 Humans were made to love and to
  be loved, but need to be taught.
 Sometimes families fail to love
  their children and teach them to
  love.
 APAC creates a community in
  which prisoners can learn to be
  loved and to love.

         © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Communities of Restoration




        © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Communities of Restoration




        © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Communities of Restoration

“Kill the criminal to save the person.”

“Every person is more than the
  mistakes he has made.”

“For as long as there is in the world a
  person unjustly treated, hungry, in
  prison, sick, unemployed, alone or
  abandoned, I have a responsibility.”

          © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Communities of Restoration




        © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Communities of Restoration




        © 2006 Centre for Justice and Reconciliation at Prison Fellowship
Communities of Restoration

  APAC                        IFI
  • Argentina                 • England
  • Australia                 • Germany
  • Bolivia                   • USA
  • Brazil
  • Bulgaria
  • Chile                     FBU
  • Ecuador                   • New Zealand
  • Latvia                    • Singapore


        © 2006 Centre for Justice and Reconciliation at Prison Fellowship
For more information

 www.RestorativeJustice.org



        Daniel W. Van Ness
Centre for Justice & Reconciliation
at Prison Fellowship International
        dvanness@pfi.org


        © 2006 Centre for Justice and Reconciliation at Prison Fellowship

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Restorative Justice in Prisons

  • 1. Restorative Justice in Prison Daniel W. Van Ness Centre for Justice & Reconciliation Prison Fellowship International © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 2. Why Prisons? Initiated by: Prisoners Victims Prison officials NGOs © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 3. Restorative Justice in Prisons Why Prisons? Objectives Can Restorative Justice Work in Prison? Communities of Restoration © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 4. Objectives 1. Victim Awareness and Empathy 2. Amends 3. Mediation/Dialogue 4. Prison-Community Ties 5. Conflict Resolution 6. Transformation © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 5. Objectives 1. Victim awareness and empathy Teach about impact – no victim involvement Victim presentations in prison Conversations between victims and offenders © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 6. Objectives 2. Amends programs Programs to pay actual victims Programs with symbolic amends © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 7. Objectives 3. Mediation – dialogue programs Meetings between victims and their offenders Meetings between families and offenders Meetings between communities and offenders © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 8. Objectives 4. Build ties between prison and communities Prisoners perform community service © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 9. Objectives 5. Conflict resolution programs Alternatives to Violence Resolve disputes among prisoners Resolve disputes among staff Prisoner discipline and grievances © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 10. Objectives 6. Transformation of prisoners Foster virtue in prisoners Moral goodness or excellence © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 11. Obstacles Is restorative justice compatible with imprisonment? © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 12. Obstacles 1. Active versus passive stance of prisoners Taking responsibility requires hard work – reflection and reform of themselves Prison makes prisoners docile and unreflective © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 13. Obstacles 2. Competition with prison culture Prisoners see selves as victims of corrupt or unjust system Prison subcultures are deviant © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 14. Obstacles 3. Conflict resolution versus prison discipline Prisons use or threaten force Prisoners use force against each other Work against peaceful conflict resolution © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 15. Obstacles 4. Stated versus perceived goals RJ staff – create a new sort of prison Prisoners – way of getting prison leave for good behaviour, work experience, etc. Prison staff – way of gaining more control over prisoners © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 16. Obstacles 5. Lack of autonomy Prisons are authoritarian and hierarchical Makes it hard to take responsibility May make it impossible to take steps toward responsibility © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 17. Obstacles 6. Social conditions in prison Prison conditions are seldom good Keeps prisoner focus on their situation, not on how their actions have harmed others © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 18. Obstacles 7. Offender focus of prison Prisons are preoccupied with prisoners Difficult to maintain an authentic focus on victims © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 19. Obstacles 8. Legitimation of prisons Prisons have problems and are expensive May create support for increasing use of prisons instead of increasing alternatives to prison © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 20. Communities of Restoration APAC (Association for Protection and Assistance of Convicts) IFI (InnerChange Freedom Initiative) FBU (Faith Based Unit) © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 21. Communities of Restoration © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 22. Communities of Restoration Goal: To teach prisoners to receive and give love. © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 23. Communities of Restoration Crime is the tragic refusal to love. Humans were made to love and to be loved, but need to be taught. Sometimes families fail to love their children and teach them to love. APAC creates a community in which prisoners can learn to be loved and to love. © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 24. Communities of Restoration © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 25. Communities of Restoration © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 26. Communities of Restoration “Kill the criminal to save the person.” “Every person is more than the mistakes he has made.” “For as long as there is in the world a person unjustly treated, hungry, in prison, sick, unemployed, alone or abandoned, I have a responsibility.” © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 27. Communities of Restoration © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 28. Communities of Restoration © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 29. Communities of Restoration APAC IFI • Argentina • England • Australia • Germany • Bolivia • USA • Brazil • Bulgaria • Chile FBU • Ecuador • New Zealand • Latvia • Singapore © 2006 Centre for Justice and Reconciliation at Prison Fellowship
  • 30. For more information www.RestorativeJustice.org Daniel W. Van Ness Centre for Justice & Reconciliation at Prison Fellowship International dvanness@pfi.org © 2006 Centre for Justice and Reconciliation at Prison Fellowship