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Circle Sentencing: Turning Swords Into Plough Shares (From Restorative Justice: International Perspectives, P 193-206, 1996, Burt Galaway and Joe Hudson, eds. -- See NCJ-172607)

NCJ Number
172617
Author(s)
B Stuart
Date Published
1996
Length
14 pages
Annotation
This paper draws on the collective experiences of northern Canadian communities with "circle" sentencing to illustrate how consensus and mediation principles expand participation in community issues and empower both the parties immediately affected and the community to work through the conflict constructively.
Abstract
Circle sentencing, currently practiced in a large number of northern Canadian communities, involves community meetings to address both family and community circumstances that are the underlying causes of crime. The circles involve offenders, victims, the friends and families of each, as well as community members; they provide sentencing consultation to courts. Circle hearings are built on mediation principles, Aboriginal peacemaking processes, and consensus decision-making. Criticism that circle sentencing takes too long fails to recognize the importance of investing time to achieve the objectives of rebuilding relationships, devising rehabilitative plans, and responding to victims' needs. Communities know better, and they are prepared to invest the time and resources necessary for the circle hearing. Circle sentencing proceeds best in environments that are comfortable for resolving disputes and facilitating informal processes. Circle sentencing is inclusive, with everyone in the community welcome to participate. Its value goes beyond the impact on offenders and victims to include its influence on the community.