NCJ Number
161089
Journal
Australian and New Zealand Journal of Criminology Dated: special issue (1995) Pages: 78-99
Date Published
1995
Length
22 pages
Annotation
This paper explores two new approaches in criminal justice which have important implications for indigenous and aboriginal communities, sentencing circles in Canada and family group conferences in Australia.
Abstract
Sentencing circles represent a process whereby community members recommend the sentence in cases involving other members of the same community. They are characteristically made up of the accused and the victim, their families, elders, the presiding judge, and other interested community members. Also in attendance are defense counsel, a prosecutor, and/or police officers. Family group conferences allow persons directly affected by crime to actively participate in dealing with the consequences of crime. Conferences focus on the offense rather than on the offender and seek both collective and individual accountability for offending behavior. They provide offenders with an opportunity to accept responsibility for their actions and seek reparation and restitution for victims. Processes and principles involved in sentencing circles and family group conferences are described, and the effectiveness of each restorative justice approach is assessed and compared. The author concludes that sentencing circles and family group conferences will have to prove themselves before declaring success in redressing concerns with the mainstream criminal justice system upon which restorative justice is based. 54 references and 16 notes