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RESTORATIVE JUSTICE

TRAINING FOR VPAs

Sugar Workers Development


Center Conference Hall,
DOLE, Bacolod City
November 3-4, 2016
RJ PROCESSES

1. Mediation

2. Conferencing

3. Circle of Support

4. Indigenous Practices
CIRCLE of
SUPPORT
CIRCLE OF
SUPPORT
Circle of Support (COS) is a model of
Restorative Justice which provides an
opportunity for victims, offenders and
community to discuss the crime, and its
aftermath, particularly its effects on the
relationships in the community.
CIRCLE OF SUPPORT

It provides opportunities for stakeholders to participate


in its resolution, and expect offenders to take steps
to repair the harm they have caused.

Ultimate objective:
To restore broken relationships among victims,
offenders, and community.
CIRCLE OF SUPPORT

COS can be considered as an appropriate RJ Model


in the community-based treatment of offenders.

Active involvement of of community as represented by:


- Volunteer Probation Aides (VPAs)
- Brgy. Officers
Success of Circle of Support

Lies on the following:


- Skill of facilitator
- Readiness and openness of parties: victims,
offenders, supporters, and community
representatives.
To come together.
To collectively decide what can be done to repair
and restore broken relationships among
stakeholders.
Role of Probation Officer in COS

To facilitate the
process.
Fundamentals of COS

Self-determination / voluntary

Confidentiality

Neutrality
Principal Stakeholders of COS

1. Offenders
2. Victims
3. Community
Principal Stakeholders of COS

1. OFFENDERS

-clientsof Parole and Probation Administration


who were granted probation ( probationers),
parole (parolees), and conditional pardon
( pardonees);

-Children in Conflict with the Law ( CICL); and

-First Time Minor Drug Offenders (FTMDO).


Principal Stakeholders of COS

2. VICTIMS

- those who are directly injured or affected by the


crime committed.
Principal Stakeholders of COS

3. COMMUNITY

- body of persons living in the same


place where the crime was committed,
and therefor indirectly affected by the
crime.
Main Processes in Organizing a
COS
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Main Processes in Organizing a
COS
1. Preparation/Support Building
Main Processes in Organizing a
COS

2. Encounter
This is the actual Circle Of Support session.
Main Processes in Organizing a
COS
3. Making Amends
The sessions are not effective if the end result is
just an "exchange of words" between the
stakeholders.

Suggested resolutions :
- doing community service, paying restitutions,
affiliating to a religion-based group, among others.
Main Processes in Organizing a
COS
4.REINTEGRATION / INCLUSION

Offenders can now be reintegrated to mainstream


communities through active participation to usual
and special activities done by the community.

It also means the inclusion of victims in the


process other than his/her own.
Main Processes in Organizing a
COS

These processes are not linear. They can overlap


depending on the nature of the participants and the
environment.

We may observe both its simplicity and complexity


when we are experiencing the COS.
General Rules in Conducting
COS

1. Each session shall be conducted


with a minimum of 1 hour at a
month's interval.
2. Avoid using megaphones or sound
systems.
General Rules in Conducting
COS

3. Place of session must be devoid of noise and


free from other unnecessary destructions or public
view, and convenient to all concerned to ensure
good attendance.

4. Serve refreshments after each session -


opportunity for informal discussions, bonding
and camaraderie.
General Rules in Conducting
COS

5. The CPPO/OIC as Chief Facilitator assigns a


staff to act as:
a. documenter
b. photographer
c. general factotum
General Rules in Conducting
COS

6. VPAs assigned to supervise clients may be


deputized to help secure COS's venue,
provide refreshments, etc.

7. Every stage of COS must be fully


documented and minutes of each session
faithfully captured.
General Rules in Conducting
COS

8. RJ process of mediation, conferencing, COS


including sentencing circles conducted in any
indigenous community shall be reported under
indigenous practices for purposes of IQPR and
for simplification/differentiation of RJ process
conducted outside tribal communities.
General Rules in Conducting
COS

9. Preparations (steps) and COS sessions may be


shortened or extended depending upon the
factors/circumstances that may arise from time to
time.
Tips for Proper Preparation in the
Conduct of COS

1. Venue
2. Inviting Participants
a.CPPO/OIC and the RJ Planner ( Supervising
Officer) should, as a general rule first contact
the offender.
b.Ensure offender's willingness to participate
before talking to the victim
c.Participation in the COS must be voluntary
Tips for Proper Preparation in the
Conduct of COS

3. INITIAL TALK WITH THE OFFENDER


- must be done by the CPPO / RJ
Facilitator
Responsibilities of CPPO / RJ
Facilitator
The CPPO/RJ Facilitator shall:
a.Provide information on the RJ-COS process to meet
the victim, supporters, and the community, its
purpose, expected outputs and benefits.
b.Gauge offender's readiness to assume
responsibility for the offense committed.
c.Explore the offender's perspective and feelings.
d.Ask the offender on what he/she can do to help the
victim.
e.Assure the offender that proceedings will be
confidential.
f.Inform the offender on what to expect during the
COS.
Tips for Proper Preparation in the
Conduct of COS

4. INITIAL TALK WITH THE VICTIM


a. Provide information on the RJ-COS process ( to
meet the victim, supporters, and the community),
its purpose, expected outputs and benefits.
b.Explore the victims's perspective and feelings.
c. Inform the victim of offender's admission of
responsibility of the crime committed.
d.Assure the victim that proceedings will be
confidential.
e. Inform the victim on what to expect during the
COS.
Tips for Proper Preparation in the
Conduct of COS

5. SEATING ARRANGEMENT (CIRCLE)

The circular formation allows the participants


to express their thoughts and feelings freely.

It invites an environment of freedom and


concern, thus, it connotes level of
"sacredness".
Tips for Proper Preparation in the
Conduct of COS

6. DOCUMENTER

a. Documentation must be accurate, complete


and confidential.

b. Only parties involved must have access to


it.
Tips for Proper Preparation in the
Conduct of COS

7. CONFERENCE ATMOSPHERE

a.Atmosphere must be conducive to dialogue.

b.Must protect all parties from harm, abuse and


intimidation.

c.Must use simple language and understandable


to all.

d.Respect for each one should be observed.


Tips for Proper Preparation in the
Conduct of COS

8. SNACKS

- serve snacks after the COS session.


STEPS IN ORGANIZING COS
SESSIONS

1. CPPO/OIC and staff meet to brainstorm cases


with victims and cases without private offended
party for possible subject of COS.
If decision is final, CPPO/OIC as Chief
Facilitator, determines prospective
stakeholders, like:

a. Clients ( offenders) and support group

b. Victims and other persons/agency representatives


concerned in the case subject of COS

c. Victims who experienced the same crimes

d. Community representatives (Brgy. Officials, sector


leaders).

e. CPPO/OIC, PPO staff and VPAs assigned to supervise


the clients.
STEPS IN ORGANIZING COS
SESSIONS
2. ORIENTATION
- CPPO/ OIC meet clients/VPAs ( if any) to
explain the RJ concept and process of COS
and that their case is the subject of COS.
STEPS IN ORGANIZING COS
SESSIONS

3. CPPO / OIC and concerned PPO separately


meet the victims and support group and impress
upon them the COS prospects.

-Opportunities to hear the side of the victims.


-Chance to air their side and related problems.
-Relevance of their participation.
-Secure their commitment, and other relevant
points.
STEPS IN ORGANIZING COS
SESSIONS

4. CPPO/OIC and concerned staff talk with


identified community representatives on the
prospective RJ process, define their roles,
concerns, their commitment and possible help
for the clients-victims restoration of broken
relationship.
STEPS IN ORGANIZING COS
SESSIONS
5. Pre-COS preparation for CPPO/ OIC , RJ planner/SO
and participating concerned VPAs:

a.Material and equipment, attendance sheet, chairs ;

b.Arrangement of transportation and food;

c.CPPO/OIC prepares outline or checklist for COS and


other details;and

d.Final briefing of CPPO/OIC, staff and VPAs.


Sample Procedure in Conducting
COS
A. Session 1 - (date) - FIRST COS MEETING
1. Preliminaries ( Seating Arrangement - Circle)
a. Start with a prayer
b. Introduce yourself as the Facilitator
c. Introduce the documenter, RJ Planner and the participants.
State his/ her relationship to the victim and the offender,
what group he/she is representing.
d. Thank the participants for attending the COS
e. State the purpose of the COS, date, place and nature of the
offense without elaborating the details of the crime
committed.
f. Explain your responsibility as Facilitator to help both parties
to be able to develop mutually satisfactory decision.
Sample Procedure in Conducting
COS
1. Preliminaries ( Seating Arrangement - Circle) ...cont'd.
g. Tell the stakeholders that you are there to help in
solving the problem and you need their cooperation
for its success.

h. Review the RJ-COS Process - that each one will


be given the opportunity to talk.

i. Present some ground rules.


-raise hand if you want to talk;
-no name calling;
-turn off cell phones and other gadgets;
-All proceedings must be kept confidential.
Sample Procedure in Conducting
COS
2. SESSION PROPER
CPPO/OIC calls each offender about the crime
committed, his thinking and feelings; who were the
affected by the crime and how the crime affected
them.

Arresting Officers ( if present) discuss highlights of


the law that was violated, need to arrest and their
responsibility as law enforcers.

CPPO/OIC may take the role over the role of


arresting officer, if needed.
Sample Procedure in Conducting
COS

3. Questions to ask the Offender


a.What happened? Ano ang nangyari?
b.What were you thinking about at that time? Ano
ang naisip mo noong oras na iyon?
c.What have you thought about since the incident?
Ano ang mga naisip mo pagkatapos nung
nangyaring iyon?
Sample Procedure in Conducting
COS

3. Questions to ask the Offender


a. Who do you think has been affected by your actions?
Sino sa palagay mo ang naapektuhan sa mga ginawa
mo?

b. How have they been affected? Paano sila naapektuhan?

c. What are you willing to do to repair the broken


relationship and heal the hurt of those who were
affected by the crime committed? Ano ang pwede
mong gawin para maisasaayos ang nasirang relasyon
at maibsan ang pinsala o sakit ng mga naapektuhan ng
krimen?
Session 2 - date, place and
attendance, etc.

1. Preliminaries ( Seating Arrangement - circle)

a. Start with a prayer.

b. CPPO/OIC gives a recap of the highlights of


session 1.

c. Calls victim/s to talk on impact of the crime on their


lives.
Session 2 - date, place and
attendance, etc.

2. Questions to ask the victim/s


a.What was your reaction at the time of the incident? Ano
ang naging reaksyon mo sa insidenteng nangyari?
b.How do you feel about what happened? Ano ang
naramdaman mo tungkol dito?
c.What has been the hardest thing for you? Ano ang
pinakamahirap para sa iyo patungkol sa insedenteng ito?
d.How did your family and friends react when they heard
about the incident? Papaano nag-react ang mga
magulang at kaibigan mo sa insidenteng nangyari?
Session 3 - date, place and
attendance, etc.

1. Preliminaries ( seating arrangement - circle)

a. Start with a prayer.

b. CPPO/OIC gives a recap of the highlights of session 2.

c. Calls victim's support group - family members, friends,


etc. to talk on impact of the crime on their lives as
indirect victims.
Session 3 - date, place and
attendance, etc.

2. Questions to ask the victim's supporters


(parents and friends of the victim, etc.)
a. What did you think when you heard the incident? Ano
ang naisip mo nung nalaman mo ang nagyari?
b. How did you feel about what happened? Ano ang
naramdaman mo tungkol sa nagyari?
c. What has been the hardest thing for you? Ano ang
pinakamahirap para sa iyopatungkol sa insidenteng ito?
d. What do you think are the main issues? Ano sa
palagay mo ang mga isyung kailangang pag-usapan
tungkol sa insidenteng ito?
Session 4 - date, place and
attendance, etc.

1. Preliminaries ( seating arrangement - circle)


a. Start with a prayer.

b. CPPO/OIC gives a recap of the highlights of session 3.

c. Calls offender's support group - parents, friends,VPAs


to talk on impact of the crime on their lives as indirect
victims.
Session 4 - date, place and
attendance, etc.

2. Questions to ask the offender's support group


(parents, friends, VPAs)
a. What did you think when you heard the incident? Ano
ang naisip mo nung nalaman mo ang nagyari?
b. How did you feel about what happened? Ano ang
naramdaman mo tungkol sa nagyari?
c. What has been the hardest thing for you? Ano ang
pinakamahirap para sa iyopatungkol sa insidenteng ito?
d. What do you think are the main issues? Ano sa
palagay mo ang mga isyung kailangang pag-usapan
tungkol sa insidenteng ito?
Session 4 - date, place and
attendance, etc.

3. Helpful probing questions


a. What else? Ano pa?; Why else? Any other?
b. What do you think caused that? Ano sa palagay mo
ang sanhi nito?
c. Could you share more about causes you to feel that
way? Maari mo bang ilahad kung bakit mo
nararamdaman ang mga ito?
d. What would you say in response to what the offender
(state the name) just shared? Ano ang masasabi mo
tungkol sa sinabi niya?
Session 4 - date, place and
attendance, etc.

3. Helpful probing questions - cont'd.

e. Could you tell me more about it? Maaari mo bang


ipaliwanag ang sinabi mo?

f. Earlier you said ___________, what did you mean by


that? Kanina sinabi mo na ___________, ano ang ibig
mong sabihin dito?
Session 5 - date, place and
attendance, etc.

1. Preliminaries ( seating arrangement - circle)

a. Start with a prayer.

b. CPPO/OIC gives a recap of the highlights of session 4.

c. Calls the community representatives and VPAs, etc. to


talk on impact of the crime on their lives as indirect
victims.
Session 5 - date, place and
attendance, etc.
2. Questions to ask the COS
group/supporters (community
representatives, VPAs, etc.)
a. What did you think when you heard the incident? Ano
ang naisip mo nung nalaman mo ang nagyari?
b. How did you feel about what happened? Ano ang
naramdaman mo tungkol sa nagyari?
c. What has been the hardest thing for you? Ano ang
pinakamahirap para sa iyopatungkol sa insidenteng ito?
d. What do you think are the main issues? Ano sa
palagay mo ang mga isyung kailangang pag-usapan
tungkol sa insidenteng ito?
Session 6 - date, place and
attendance, etc.

1. Preliminaries ( seating arrangement - circle)


a. Start with a prayer.
b. CPPO/OIC gives a recap of the highlights of session 5.
c. CPPO/OIC to discuss what should be done to make
things right; what are the point of view of all
stakeholders.
d. Stakeholders agree on common points how
clients/offenders compensate victims or community
affected by the crime.
e. A written agreement to be signed/witnessed on or plan
of action to implement agreement.
Session 6 - date, place and
attendance, etc.

2. Questions to ask during the Agreement Phase


a.To the offender - Is there anything you want to say at
this time? Mayroon ka bang gustong sabihin sa
puntong ito?
b.To the victim - What would you like from today's
session? Ano ba ang gusto mong mangyari sa pag-
uusap natin ngayon?
c.To the offender (ask the offender to respond) - What
do you think about that? Ano ang sa palagay mo?
Session 6 - date, place and
attendance, etc.

3. Nature and contents of the Agreement


a.The agreement should be specific, flexible,
reasonable and achievable.
b.It should include all the details, schedule, deadlines
and follow up arrangements.
c.Before finalizing the agreement, read the items to
the participants for comments, corrections and
approval.
d.Let all the participants sign the contract/agreement
and provide copies for the victim and the offender.
Session 7 - Monitoring the Implementation
of the Agreement
Closing the "Circle of Support"
Session

1.The Facilitator should ensure that all


participants have had the chance to
express themselves.
2.The Facilitator should thank the
participants for their contributions and
invite them to share refreshment.
Closing the "Circle of Support"
Session
We could not determine how many sessions to
conduct before we can dissolve the "Circle of
Support".

As long as there is a need for " Circle of Support",


it will continue.

However, the COS can transform into something


that can provide resolutions ( e.g. Livelihood
cooperative, therapy group, etc.).
THANK YOU!

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