Purpose and description of program:
The Restorative Justice Project ("RJP") is a part of the University of Wisconsin Law School's Frank J. Remington Center. The project promotes the application of restorative justice principals to all aspects of our criminal justice system. It continually asks various questions of our current system, including: (1) how can we best respond to the needs of the victim, the offender, and the community, caused by a particular offense and crime in general? (2) how can we rebuild the relationships damaged by crime? and (3) how can we restore the harm caused by criminal offenses perpetrated against other human beings?
One aspect of the program is Victim Offender Conferencing (VOC), which is an opportunity for voluntary participation in a facilitated dialogue between the victim(s) of an offense and their offender. After appropriate pre-dialogue preparation, and with the assistance of a trained facilitator, the parties are brought together in a face-to-face meeting where they have the opportunity to ask and answer questions about the offense, to express how the offense impacted them and their lives, and to mutually discuss how any harm caused by the offense might be restored.
Who may refer:
Some RJP students on Bascom Hill
The Restorative Justice Project works primarily on VOC cases where the offender is an adult incarcerated in the Wisconsin prisons under the authority of the Wisconsin Department of Corrections. RJP gets referrals in basically three ways. First, inmates who hear out about our program and want to participate occasionally make requests. Second, staff from institutions can make referrals regarding offenders they feel may be appropriate for the program. Third, and most often, victims are referred directly to the program. This can happen in several ways, including referrals from local district attorney or victim\witness offices, or from the Parole Commissioner or DOC Office of Victim Services who get requests from victims to meet with their offenders and refer the cases to RJP for review, screening, and preparation.
In the spring of 1998, RJP will begin a new project, in collaboration with the Department of Community Corrections, developing a VOC program for interested victims whose offenders are on parole or probation in Dane County. RJP will also be providing technical assistance and support on issues related to restorative justice with the Enhanced Supervision Program being piloted in Dane County in various neighborhoods.
Type of cases handled:
Cases handled by the Restorative Justice Project depend on who initiates the request and the nature of the case. As with all VOM cases, an identifiable victim is required. Thus, most drug cases and corporate\business type cases usually do not qualify. Most other cases will be considered on a case-by-case basis. If the request is victim initiated, there are no cases which will be automatically excluded. Participation in the program will depend on the victim, the nature of the offense, and the offender.
In offender initiated cases, the Restorative Justice Project will not accept cases involving sexual assault or domestic violence. Most other offenses (with an identifiable victim) will be considered. Crimes of severe violence (e.g., homicide) will be considered, but contact with the victim only occurs after consultation with (and usually with the assistance of) the county victim/witness program who assisted the victim(s) in the case at the time the criminal proceedings where processed. Extreme care and caution are used in determining whether and how to contact a victim in an offender initiated case, if at all.
How cases are processed:
In victim initiated cases, a staff member will meet with the victim for an initial interview. At this interview the victim will be assessed in various areas, including, why they want the meeting, how they have responded to the offense, how the offense has impacted them (and their family), how they felt they were treated by the criminal justice system, how they believe the offender feels about the offense, and what they expect out of a meeting with the offender. If after receiving a further description of the program the victim is still interested in participating, and the victim is considered to be appropriate for the program, the offender will be contacted. A letter is usually sent to the offender describing the program and informing them that the victim is interested in participating in a VOC. The offender is requested to contact RJP to indicate their interest in participating or at least receiving more information about participation in the program.
If an offender expresses interest in the program (see note below) a meeting will be scheduled to answer any of their questions. They will be assessed for participation and if determined to be appropriate for participation (i.e., accepts responsibility for the offense, displays a level of remorse, does not deny the victim's version of any critical facts, and is open to apologizing to the victim), they will be accepted into the program and preparation for a VOC will begin.
The number of individual preparatory meetings with the victim and offender will depend on the nature of the offense and the circumstances of each participant. For crimes of severe violence significant preparation is required, usually months and/or years. For other cases, one or two preparation meetings may be enough. Once adequately prepared, and if the offender can be released on a day pass from the institution, the conferences are held at a neutral site, at the choice of the victim. If the offender cannot be released from the institution, the VOM will be conducted at the institution where the offender is incarcerated.
Work with County Programs and Juvenile Offenders:
The Restorative Justice Project is also involved in education and training in the area of restorative justice, as well as providing technical advise and support. RJP works with communities and counties around the state on restorative justice initiatives and in starting new VOC programs. In the Madison area RJP has been working in collaboration with Dane County in starting a juvenile VOC program, which became available July 1, 1997.
Note:
If an offender does participate in a VOC, they receive NO credit or benefit for doing so. It will not impact their parole date or their length of sentence.