11. Emotional release, renewal of relationship Tense, do not preserve Emotions, relationships Future Past Time orientation Acknowledge the responsibility, and carry out the voluntarily taking obligations before the other party Receive the sentence as “cure” To take responsibility means : Parties of the conflict Professional judges Who makes decisions? Cooperation Adversarial Character of the process Of primary importance Not very well considered Needs of victims Offender and victim State and offender Key figures Harm caused to specific people and the relationships between them Violation of the law Understanding of crime Restorative Justice Criminal Justice Criteria
25. Practice in Ukraine 2002 – the restorative programs started to be used in Ukraine in civic, economic conflicts Since 2003 – mediation in criminal cases. 2004 – 2010 – concept of “restorative practice centers in communities” ; Cooperation with legal system and local authorities. Education programs on restorative justice.
27. Number of referred cases 2004-2011 Center Period of activity Number of mediations Bila Tserkva 2006 – till now 68 Simferopol 2004-2006 80 Krasnogvardijeske 2005- till now 63 Pyryatyn 2008- till now 21 Drohobych 2006 – till now 36 Ivano-Frankivsk 2004 – till now 23 Zhmerynka 2006 – till now 40 Kharkiv 2007- till now 33 Total 2004-2011 364
31. Effect on offenders - mediation allows understanding their act better; comprehend the harm they have caused to the victim, take responsibility for the committed. - since 2006 no cases of recidivism or repeated crimes have been revealed among the offenders who participated in mediation.
32. Effect on victims : - restores and heals; - gives possibility for quick and full material restitution of the harm caused, renewal of the feelings of security, protection and control over own life. - all concluded mediation agreements were fulfilled within one month after mediation. The amount of the material compensation is between 1000-1500 UAH.
33. “ referring a case, I hope that after mediation these children will never come to court again – and that is really what we have observed. Only when all of them (offenders, victims and their support parties) get together to discuss everything, it is possible to talk about real result. After mediation victims are not afraid to walk on the streets, because nobody threatens them; and offenders really understand the committed act. In the court proceedings everybody operates with articles of Criminal and Criminal Process Code – and nobody understands anything. In mediation everything is different”. Head of the court in Bila Tserkva , Volodymyr Sanin
34. “ Not all children that end up in police are bad. Very often they were pushed by difficult life circumstances… That is why it is important to give them second chance . They understand the committed much better if they meet with victims. You will not believe it! But after successful mediation is completed – I can sleep calmly, because I know that for this offender we have done everything we could to help him improve ". Investigator of juvenile crime police in Krasnogvardijsk , Heraschenko Eugene
35. “ After restorative programs we did not have any repeated crimes. Even those who seemed hopeless now are studying or working”. Head of Juvenile Crime police, Zhmerynka, Sychyk Andriy “Mediation is not easy. I and my son felt so ashamed and rather uncomfortable... But after mediation my son totally changed! As if someone just replaced him! His studies at school improved, he does not have behavioral problems anymore, he became more attentive to me and others, he even started to help me at home.” Mother of offender
36. Local authorities' representatives are confident that not only it is the way to react to the offences and prevent them, but also the possibility to from active community that is able to unite for solving any problems.
37. J’atends by Michael T. Weiss THANK YOU FOR YOUR ATTENTION!
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