User Manual for the 3E-RJ-MODEL Record and Assessment Tool
Contents
1. Juvenile Justice System JJS the system of the state institutions authorities services and practices legislatives policing court and correctional that is directed at upholding the social control of criminality and delinquency of Juveniles usually as a part of the further CJS Juvenile is considered any person under the age of 18 years old Juvenile Justice Authority Service is considered any state authority service or office that is integrated in the JJS Juvenile Justice Official any person who works in a JJ authority service and serves the JJS aims Crime an act or an omission that infringes the criminal law Discretion the power of the competent authority to decide and act according to ratio legis based on guiding principles Police the state service charged with the control of crime the law enforcement and the order maintenance Only public police is included not the private one Police Officer is considered any person who serves at the Police policeman Prosecution authority the state service or office of Public Prosecutor Victim offender mediation s considered the RJ form where the affected parties utilize the services of a trained facilitator mediator who meets with them in an attempt to resolve their difference express their feeling and develop a new understanding of the situation For the needs of the present tool mediation and conciliation belong in the same category of RJ forms Family group conferencing2. Specific Programme Criminal Justice European Commission Directorate General Justice Directorate B Criminal Justice TR ARISTOTLE A UNIVERSITY PAN TEI OF THEASALOMIC UNIV ERAITY Independent Academic Research Studies Empowering young people to influence policy and practice UNIVERSITY OF LAPLAND Pay JAGIELLONIAN LAPIN YLIOPISTO WAR UNIVERSITY Gy MISKOLCI EGYETEM Y IN KRAKOW UNIVERSITY OF MIBKOLC Universitat e y Ramon gt lt INSTITUTE OF CONFLICT RESOLUTION SOFTA BULGARIA User Manual for the 3E RJ MODEL Record and Assessment Tool 3E RJ MODEL The 3E Model for a Restorative Justice Strategy in Europe Greece United Kingdom Bulgaria Finland Hungary Poland Spain including research also in Turkey the Netherlands Denmark Germany JUST 2010 JPEN AG 1534 November 2011 Directions for the Use of the Record and Assessment Tool of Restorative Justice s practices and obstacles Concerning Act_3 and_4 of the EU 3E RJ MODEL PROJECT The present Tool has be planned in order to be used by Restorative Justice hereinafter RJ experts and practitioners for the record of the RJ actual situation on national level and also the assessment of the obstacles and the dynamics for its further diffusion in the country concerned This Tool is consisted of a The Compass of the 3E RJ Model Record Tool attached in the end of the present Manual last page which is the first step on the use of t
3. the local community or the municipality or even state or public social authorities and services which are not a part of the official CJS or JJS respectively All the categories of RJ process in all the Record Questionnaires A1 A 6 and B 1 B 6 though require an effort of a conflict resolution between an offender of a crime and a victim while other social disputes e g commercial disputes and other alternative dispute resolution e g colleagues arbitration are being excluded from the present Tool see also the Glossary below unless they have a criminological side The Assessment Questionnaire lastly that will have to be completed anyway irrespectively to which one of the above Record Questionnaires must be completed is consisted by three parts the first is directed towards the main technical organizational or and operational obstacles for the further diffusion of RJ in the country concerned The 4 second part is concentrated around the ideological obstacles Eventually in the third part the perspectives and the dynamics of RJ in the country concerned are examined briefly The completion of this Questionnaire is based upon the User s personal approach and according to his her professional experience In total there are 53 questions eight of which are opened Generally for the use of the Tool it is important to underline that the User is not obliged to answer to questions that cannot assess or about which no r
4. elevant data exist In that case he she should add an explanatory comment Generally he she can add any comment on any doubt or reservation he she holds on any of the questions GLOSSARY Exclusively for the needs of the present Tool there are given some key definitions on few general and maybe controversial terms In case that there are differences in the meanings of the following terms in the country concerned the User may use Space for comments in each one of the questions or in the Annex at the end of each questionnaire in order to make the necessary Clarifications Restorative Justice RJ process any measure procedure programme practice and initiative which aims to resolve the conflict between the offender of a crime and its victim by restoring the harm done within a voluntary and organized process which can replace or complete a traditional CJ or JJ one by including actively the affected parties the offender the victim and where appropriate members of the community being based mainly on the understanding and the dialogue between them generally with the help of a neutral third party person that delivers manages or and facilitates the process RJ may include mainly one or more of the following forms through which the actual process is delivered and managed victim offender mediation conciliation community boards conferencing family group conferencing peace circles healing sentencing circles reparative probation RJ
5. he Tool The completion of the Compass shall give to the User the general orientation and guidance about the Questionnaires that he she should complete next concerning the actual situation of his her country According to the positive answer to each one of the 12 sub questions of the Compass the User will have to complete the Complementary Record Questionnaires see below that are indicated separately in the Compass b A set of 12 Record Questionnaires the first 6 of them Record_Question A 1 A 6 are planned to record important general information on RJ process in each one of the different levels of the Criminal Justice System hereinafter CJS in the country concerned that is RJ measures procedures practices and programmes at police level Record_Question A 1 at prosecution level Record_Question A 2 at court level Record_Question A 3 at correctional level Record_Question A 4 and at re integration level Record_Question A 5 Also there is requested information on initiatives that are informal that means that they are not an official part of the CJS Record_Question A 6 like schemes and programmes that are not coming to the attention of CJS authorities or are unfolding totally parallel and independently to the formal traditional CJ or RJ process The other 6 of them Record_Question B 1 B 6 are also planned to record important general 2 information on RJ process in each one of the different levels b
6. l provisions on RJ process do exist but still some other RJ practices are the result of the discretion of the competent authorities and services or a de facto legal situation based on practice and tradition without being provided expressis verbis in legislation In Record Questionnaires A6 and B6 on the other hand with 10 questions in each it is attempted a brief record of informal initiatives and practices like for example programmes of municipalities or local communities concerning the resolution of a conflict between an offender and a victim not coming to the attention of CJS authorities and services or unfolding totally parallel and independently to the official traditional CJ or RJ process without being affected by them or affecting their regular development The main purpose of this record is to become aware of the general social RJ trends of the country concerned through the bottom up development of RJ frame The main difference between this category of informal programmes and initiatives and the one described above as RJ process that is implemented within the CJS or JJS respectively but without being provided expressis verbis in legislation see all b sup questions of Record_Questionnaires A1 A 5 and B 1 B 5 is the involvement and the participation of CJS or JJS respectively authorities and services In the informal initiatives there is no involvement of them Such initiatives could usually be derived from the private sector or
7. lease also complete Record Questionnaire B 6 NO there are not NO there are not NO there are not NO there are not NO there are not NO there are not NO there are not NO there are not NO there are not NO there are not NO there are not NO there are not
8. may include as part or as a result outcome of the actual process mainly the following types a dialogue between the victim and the offender an agreement between them a written apology a community punishment compensation making of commitments the completion of an education or other programme Alternatives sanctions such as compensation probation or community service are not included solely in the definition of RJ unless they are part or result outcome of the RJ actual process Criminal Justice System CJS the system of the state institutions authorities services and practices legislatives policing court and correctional that is directed at upholding the social control of crime and sanctioning those who violate criminal law with criminal penalties and rehabilitation efforts Criminal Justice Authority Service is considered any state authority service or office that is integrated in the CJS Criminal Justice Official any person who works in a CJ authority service and serves the CJS aims As Specialized CJ Authority Service is considered state authority service or office that is integrated in the CJS and specialized to supervise or and deliver and manage or and follow up or in any way facilitate the process concerned the RJ process in controversy to the Specialized Social Public Agency which may be any state agency service office organization that offers social services and is specialized on RJ process but is not integrated into the CJS
9. s considered the RJ form that includes a wider circle of participants than mediation by including also other persons connected to the affected parties such as family or friends Community boards conferencing includes a small group of people with intensive training that conducts public meetings with the affected parties in order to discuss the impact of the crime usually until all agree on a deadline and specific actions for the offender to take Peace or healing sentencing circles involve a wider circle of participants than the RJ mediation or conferencing aiming also to the establishment of RJ ethos in the environment that are held usually the neighbourhood or the school of the affected parties by including also opportunities for a social transformation Reparative probation s a RJ form in which the offenders and victims if possible meet with a panel of trained volunteers in order to discuss the impact of their crime and ways in which they can make fair and reasonable amends Compensation the financial amount paid to compensate the injury loss or harm suffered as a result of crime THE COMPASS of the RECORD TOOL Please colorize the answer of your preference In the country concerned are there any RJ measures procedures programmes or initiatives provided or implemented at police level at prosecution level at court level at correctional level at re integration level Without coming
10. to the attention of the Criminal Justice authorities or totally parallel and independently to Criminal Justice procedures at police level separately for juveniles at prosecution level separately for juveniles at court level separately for juveniles at correctional level separately for juveniles at re integration level separately for juveniles Without coming to the attention of the Juvenile Justice authorities or totally parallel and independently to Juvenile Justice procedures separately for juveniles YES there are In this case please complete Record Questionnaire A 1 YES there are In this case please also complete Record Questionnaire A 2 YES there are In this case please also complete Record Questionnaire A 3 YES there are In this case please also complete Record Questionnaire A 4 YES there are In this case please also complete Record Questionnaire A 5 YES there are In this case please also complete Record Questionnaire A 6 YES there are In this case please also complete Record Questionnaire B 1 YES there are In this case please also complete Record Questionnaire B 2 YES there are In this case please also complete Record Questionnaire B 3 YES there are In this case please also complete Record Questionnaire B 4 YES there are In this case please also complete Record Questionnaire B 5 YES there are In this case p
11. ut only in case that in the country concerned there are differences in the provisions and the implementation of RJ process between adult and juvenile offenders RJ process on each one of the different Juvenile Justice System hereinafter JJS levels are recorded that is RJ measures procedures practices and programmes separately for Juveniles at police level Record_Question B 1 at prosecution level Record_Question B 2 at court level Record_Question B 3 at correctional level Record_Question B 4 at re integration level Record_Question B 5 Also there is requested information on informal initiatives that are not an official part of the JJS B 6 like schemes and programmes that are not coming to the attention of JJS authorities and services or are unfolding totally parallel and independently to the formal traditional JJ or RJ process If such differences between Adults and Juveniles do not exist in the country concerned in any of the above levels the User will not have to complete any of the Record_Question B 1 B 6 Otherwise the Compass of the Record Tool will guide him her on his her choice In_all Records Questionnaires apart from A 6 and B 6 there is a set of 19 general questions concerning the RJ process the referral the actual process the supervision the follow up process etc These questions are repeated in each one of the levels concerned so that the Record Questionnaires shall be complementary to one another abo
12. ut the country concerned In the end of the Questionnaires statistical data and data on the financial cost and the time of the process are requested If such data do not exist the User should add an explanatory comment without giving a specific answer to that question Also in all Records Questionnaires apart from A 6 and B 6 there is a division between a legal measures that provide expressis verbis for RJ procedures indicated with the letter a in all sub questions of the Questionnaire e g 1 a 2 a 3 a 4 a etc and b programmes that implement RJ practices with the absence of detailed legal provisions but within the CJS or JJS respectively that means that they are programmes that are implemented under the supervision or and with the cooperation ora and with the acceptance and recognition of the CJS or JJS authorities and services affecting or referring to or being referred by the traditional CJ or JJ respectively process indicated with letter b in all questions of the Questionnaire e g 1 b 2 b 3 b 4 b etc The above division is necessary as in many countries mainly countries of Common Law RJ process is often implemented through the the 3 c legal system flexibility and the opportunities given by it and by the discretion of the competent authorities and services without any specific or detailed legal frame In addition the above division is necessary even for some countries of Continental Law where lega
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