SCHEDULE: DAY 2 09:00 Registration and coffee 09:20 Stakeholders in Restorative Conferencing Conference participants and their needs Demonstration Conference 10:45 Break 11:15 Facilitation Practice Exercise: Preparation 12:05 Practical Conferencing: Use of conferencing 12:30 FPE 1 13:00 Lunch 13:40 Conferencing Theory: Shame and Affects 14:15 BREAK 14:30 FPE 2 15:30 Questions and Close Helen M Flanagan 1
Stakeholders in Restorative Justice State/ national government Legislators Local government Victim’s extended family organisations and close friends Victim’s immediate family Others directly National Non- Victim affected governmental witnesses Offender organisations Local non- governmental Faith organisations community Offender’s immediate family Offender’s extended family neighbours And close friends Society as a whole Local community members General public Paul McCold and Ted Wachtel -2000 Helen M Flanagan 2
Emotional Needs � Think of a situation when you have been angry and resulted in negative and harmful behaviour towards another person � Write the sentence: � I felt angry when…… � I felt hurt because…… � What I needed and did not get was….. � What I feared was ……… Now pair up; person B listens, person A speaks. Share your thoughts on each stage of this. What do you think was the point of the exercise and how could it be used with young people? Helen M Flanagan 3
Harmed Person Experience � Think of an incident when you have been harmed; form pairs � Briefly tell about it � What needs did you have? � To what extent were those needs met? (If you would rather not participate, please refrain) Helen M Flanagan 4
Harmed Person’s Needs � Opportunity to express emotions � Acknowledgement from loved ones � Assurance that what happened was unfair and undeserved � Offender held accountable � Financial restitution � Possible contact with offender -apology -questions -assurance of safety Helen M Flanagan 5
Involving Affected People in Restorative Justice � ENSURE GOOD PREPARATION � Recognise their status as an affected person � Understand how inappropriate behaviour / crime affects people � Be honest, fair and respectful � Explain in a way that they can understand � Be realistic � Offer informed choices and accept their decisions Helen M Flanagan 6
What Participants Want � To know what’s happening � To be heard and taken seriously � To know ‘why me?’ � To know it won’t happen again � Support Helen M Flanagan 7
Possible responses to incidents / events / crime � Unexplained bouts of rage � Tearfulness � Sleep / eating disturbances � Confusion / memory loss � Repetitive behaviour � Withdrawal � Intrusive thoughts Helen M Flanagan 8
How Inappropriate Behaviour Affects People � Fear � Anger � Shock or numbness � Guilt � Alienation from family and friends � Loss of control � Distress � LOSS Helen M Flanagan 9
Benefits for Harmed Person’s Group � Telling offender how they were affected � Holding the offender accountable � Having a say in how to repair the harm � Possibly receiving an apology and restitution � Asking the offender questions about the offence Helen M Flanagan 10
Benefits for Offender / Wrongdoer’s Group � Opportunity for offenders to understand the consequences of their behaviour � Learn how the incident has affected their family and friends � Help develop and implement a plan (supported if necessary) to repair the harm � Disapprove of behaviour while affirming their worth � Alternative to punitive disciplinary processes or avoids criminal charge Helen M Flanagan 11
Facilitation Practice Exercises: Preparation � Telephone Preparation of someone unable to attend. Questions: � What is your understanding of what has happened? � Have you been affected? In what way? � Who else has been affected and how? � What do you think needs to be done to put things right? Helen M Flanagan 12
Facilitation Practice Exercises: Preparation � Face to face preparation � Pick a group, either harmed person’s or harmer’s group � Think carefully about who you will prepare together � Assign roles � Make appropriate notes to which you can refer during the conference Helen M Flanagan 13
Conference Facilitators � Professionals as part of their jobs � Specialists hired as full-time facilitators � Trained volunteers � Peers Helen M Flanagan 14
Pay attention to: � The seating plan � The facilitator’s behaviour � The order of people speaking � Questions are asked consistently Helen M Flanagan 15
Restorative Conferencing � � � � � � � � � � � � � � � � � � � � � � � � �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� Helen M Flanagan 16
Restorative Conferencing ��� ��� ��� ��� ��� ��� ��� ��� � � � � � � � � � � � � � � � � problems Outcome agreement �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� �� Collaborative success Helen M Flanagan 17
Facilitation Practice Exercise debrief � What was it like being that person? � Did your feelings change in during the conference? � If so, why? � When your character left the conference what would his / her predominant feeling be? � Who are you in real life? � Tell me one thing that is different about you from the part that you played? � Any other comment about the part you played? Helen M Flanagan 18
Ashamed and Wronged � Group 1: How do people react when they feel ashamed? � Group 2 How do people feel when they feel wronged? Helen M Flanagan 19
Shame � Shaming Ceremonies � Central to social relationships � Seeing oneself negatively in the eyes of others � Perceiving a threat to the bond; fear of disconnection Helen M Flanagan 20
Shame � Western societies focus on individual � Traditional societies: central importance of shame is taken for granted Maori: whakamaa First Nation Americans: Wayumune � Regulates / builds awareness of all our other emotions Helen M Flanagan 21
Compass of Shame Withdrawal Withdrawal Isolating oneself Isolating oneself Running and hiding Running and hiding Attack Self Attack Self Attack Other Attack Other Turning the tables Self put down Turning the tables Self put down blaming the victim Masochism blaming the victim Masochism lashing out verbally or lashing out verbally or Denial Denial physically physically Abusing drugs and alcohol Abusing drugs and alcohol Avoidance Avoidance Distraction through thrill Distraction through thrill Helen M Flanagan 22 seeking seeking Nathanson 1992
Theory of Affects � Tomkins Blueprint – - We are ‘wired’ to want to increase positive affect and: - Decrease the negative affect - We live best when we can accomplish these two goals - Anything that increases our power to do this, favours life Helen M Flanagan 23
Theory of Affects Positive – interest – excitement -enjoyment – joy Neutral – surprise – startle Negative – Distress – Anguish - disgust - anger – rage - fear – terror - shame - humiliation Helen M Flanagan 24
Theory of Affects � Relationships / bonds are built / maintained by: - Allowing AFFECT (emotions) to be ventilated - Sharing and minimising NEGATIVE affect (by listening and acknowledging) - Sharing and maximising POSITIVE affect - Doing more of 1, 2 and 3 Helen M Flanagan 25
Acknowledged Harm – Conference Framework 10 Steps PREPARATION Restorative ACTIONS Emotions PREAMBLE/ FOCUS Step 1 PERSON WHO CAUSED HARM Step 2 story Acknowledgement Distress Past HARMED PERSON Listening Disgust telling HARMED PERSON’S SUPPORTERS Validation Anger Step 3 WRONGDOER’S SUPPORTERS Ownership Shame Anxiety PERSON WHO CAUSED HARM Step 4 Present reflection Remorse Surprise “ANYTHING TO SAY”? Reflection Interest AGREEMENT PHASE Step 5 Acknowledgement ASK WHAT ALL PARTICIPANTS Attribution Interest Step 6 reparation Future WANT TO COME OUT OF THE Reflection Excitement Step 7 MEETING Normalisation Enjoyment Step 8 Step 9 Change of status Contentment Relationship building STRONGER CLOSURE Step 10 RELATIONSHIPS Hope and relief REFRESHMENT PHASE Helen M Flanagan 26
Behavioural Change – Braithwaite and Social Control � Braithwaite claims: That shame is innate in all of us and occurs at two levels: Internal -socialisation -ability to decide between right and wrong - develop conscience External - Through sanctions or condemnation from family, community or important others Helen M Flanagan 27
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