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OLD
PARADIGM
RETRIBUTIVE JUSTICE
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NEW
PARADIGM
RESTORATIVE JUSTICE
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Misdemeanour
defined as breaking the school rules
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1
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Misdemeanour
defined as adversely affecting others
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Focus on
establishing blame or guilt, on the past
(did he/she do it?)
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2
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Focus on
problem-solving by expressing feelings and
needs and how to meet them in the future
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Adversarial
relationship and process
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3
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Dialogue
and negotiation – everyone involved in
communicating and cooperating with each
other
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Imposition
of pain or unpleasantness to punish and
deter/prevent
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4
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Restitution
as a means of restoring both/all parties,
the goal being reconciliation
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Attention
to right rules, and adherence to due
process
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5
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Attention
to right relationships and achievement of
the desired outcome
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Conflict
represented as impersonal and abstract:
individual versus school
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6
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Misdemeanours
recognised as interpersonal conflicts with
some value for learning
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One
social injury replaced by another
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7
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Focus on
repair of social injury/damage
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School
community as spectators, represented by
member of staff dealing with the situation
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8
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School
community involved in facilitating
restoration
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People
affected by misdemeanour not necessarily
involved
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9
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Encouragement
of all concerned to be involved –
empowerment
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Miscreant
accountability defined in terms of
receiving punishment
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10
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Miscreant
accountability defined as understanding
the impact of the action, seeing it as a
consequence of choices and helping to
decide how to put things right
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I
was also inspired, and continue to be so, by
the vision of Marion Liebmann, first director of
Mediation UK, who wrote a chapter in the first
victim/offender mediation training manual to be
produced in this country (Quill and Wynne 1993).
In this chapter she sketches her vision for the
future:
'Like an artist with a palette of colours, I will
not restrict myself to what is already available,
or what is financially feasible. Rather I will use
my imagination to paint a picture of how things
could be, given the resources and commitment to
achieve what is really needed. (…) What could a
system of restorative justice look like? The main
feature would be an emphasis on undoing harm done,
of whatever kind, and on looking to future
behaviour.'
She then describes a new approach to parenting, to
education of both old and young and to provision
in the community, which emphasised conflict
resolution and the restoration of relationship in
the event of conflict or inappropriate behaviour.
My
third point of departure was the Practice
Standards mentioned by Wright, developed by the
Restorative Justice Consortium. Reading these
carefully I have again seen potential parallels
between traditional criminal justice approaches
and attitudes to dealing with inappropriate
behaviour by adults in their capacity as either
parents or teachers. The revolutionary potential
of these Practice Standards if applied to
authoritarian parenting and school discipline
procedures is breathtaking- and yet I became
convinced that if these standards were to be
meaningful in the criminal justice field then
attitudes would need to change in the community
first. Thinking in the long term this would mean
educating young people in dealing with challenging
behaviour and building meaningful relationships.
My
enthusiasm for Restorative Justice in the school
context has developed partly because I saw links
between Restorative approaches and the conflict
management skills with which I was already
familiar and which I believed to be important in
the school context. However I was also concerned
by anecdotes I had been hearing about how
thoughtless remarks from members of a school
community, old and young, could unravel the good
that a conference could achieve. I had already
come to the conclusion in my school work that
neither Mediation nor Circle Time could thrive as
'bolt-on's. The underlying principles and the
skills needed to be embraced by the whole school
community. I began to suspect that the same was
true for Conferencing.
All three processes would appear to be
applications of a philosophy that needs to inform
day to day interactions in a school community. I
began to coin the phrase 'Whole School Restorative
Approach' (Hopkins 1999a; Hopkins 1999b) This
approach puts the maintenance of relationship at
the heart of all interactions between people in a
school community, especially in the event of
conflict.
Braithwaite,
J. (1989). Crime, shame and reintegration.
Cambridge, Cambridge University Press.
Hopkins, B. (1999). "Restorative Approaches
in the Community." Mediation 15(3): 3-4.
Hopkins, B. (1999). "Restorative Justice in
Schools." unpublished.
Quill, D. and J. Wynne (1993). Victim and Offender
Mediation Handbook. London, Save the Children/West
Yorkshire Probation Service.
Wright, M. (1999). Restoring Respect for Justice.
Winchester, Waterside Press.
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