CRIM 3375: Restorative Justice Fall 2010 Tues & Thu 12-1:15 pm, Cina 308 Professor: Emily Gaarder Office: Cina 213 Office Hrs: Mon 4-5 & Th 10-11 (or by appointment) Email: egaarder@d.umn.edu Office Phone: 726-7094 Website: www.d.umn.edu/~egaarder/Index.htm Teaching Assistant: Megan Rengstorf Office: Cina 111/Phone 726-7658 Email: rengs013@d.umn.edu Course Description: This course examines the philosophies and practices of restorative justice from both domestic and international perspectives. In the first part of the course, students will be introduced to the major values and goals espoused by restorative approaches to crime and conflict, and consider them in light of past and current social problems. The contemporary social movement we call “restorative justice” has its roots in early philosophies of the New Zealand Maori, North American Indians, and various religious traditions. We will consider the philosophical roots of restorative traditions, and be introduced to what these approaches look like in their current form (e.g., sentencing circles, family group conferencing, victim-offender dialogue). The second part of the course examines the possibilities and problems of using restorative justice for specific harms, such as murder, domestic violence, and sexual assault. Do these approaches work better for certain crimes? How well do restorative efforts work for juveniles versus adults? Most importantly, can restorative justice create tangible and lasting social change? The last part of this course will look at restorative justice on an international level. What aspects of restorative justice might be used to repair harm and restore community relationships after war or genocide? We will consider the possibilities and controversies offered by restorative efforts between/among nations, truth and reconciliation commissions, and reparations. Required Texts: The Little Book of Restorative Justice. (2002). Howard Zehr. Intercourse, PA: Good Books. The Handbook of Restorative Justice: A Global Perspective. (2006). Dennis Sullivan & Larry Tifft, Editors. London: Routledge. Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence. (1998). Martha Minow. Boston: Beacon Press. Electronic readings on reserve through the UMD Library Date Reading Tu, 9/7 Th, 9/9 Tu, 9/14 Th, 9/16 Class Introductions & Syllabus Review Zehr, Chaps 1 & 2 Read the footnotes too! Online Reading: “Visions & Patterns” by Van Ness & Strong Zehr, Chaps 3, 4, & Appendix I Film: Restoring Justice Handbook, Chap. 8 (Navajo peacemaking) Handbook, Chap 1 (The recent history of restorative justice) & Chap 2 (Victim offender mediation) Online Reading: “A comparison of 4 conferencing models,” by Bazemore & Umbreit Handbook, Chap. 6 (Peacemaking circles) Tu, 9/21 Th, 9/23 Tu, 9/28 Th, 9/30 Tu, 10/5 Th, 10/7 Tu, 10/12 Th, 10/14 Tu, 10/19 Th, 10/21 Tu, 10/26 Th, 10/28 Tu, 11/2 Th, 11/4 Tu, 11/9 Th, 11/11 Tu, 11/16 Th, 11/18 Tu, 11/23 Th, 11/25 Tu, 11/30 Thu, 12/2 Tu, 12/7 Th, 12/9 Tu, 12/14 Th, 12/16 F, 12/17 Assignments Due Paper #1 due Handbook: Chap 4 (Conferencing & restorative justice) Guest speaker: Nate Kesti, Men as Peacemakers Handbook, Chap. 19 (Stopping domestic violence or protecting children?) Handbook, Chap. 20 (Are there limits to restorative justice?) Handbook, Chap. 33 (A feminist vision of justice?) Midterm Online Reading: “Amends,” by Van Ness & Strong Handbook, Chap. 21 (Restoring justice through forgiveness) Film: Glimmer of Hope Minow: Chap 2 (Vengeance & Forgiveness) Guest speaker: Don Streufert Film: My Neighbor, My Killer Handbook, Chap. 28 (Rwanda’s failing experiment in restorative justice) & Film (con’t) No class Online Reading: “A community response to a 9/11 hate crime,” by Umbreit, Lewis, & Burns No class- Thanksgiving Minow, Foreword, Chap 1 (Intro) Film: The Nuremberg Legacy Minow, Chap 3 (Trials) Film: Long Night’s Journey into Day Minow, Chap 4 (Truth Commissions) Film: Long Night’s Journey into Day Film: Long Night’s Journey into Day Minow, Chap 5 (Reparations) & Exam review Final Exam, 4-5:55pm Paper #2 due Paper #3 due Final Exam 2 Class Environment: I invite you to join me in a commitment to actively and respectively participate to make this an interactive and dynamic space to learn. Students who bring creativity, thoughtfulness, and critical reflection to the classroom materials will do well in the class. I encourage discussions to take place within the context of critical thinking and in the spirit of understanding diverse perspectives. It is vital that our classroom be a place where everyone feels safe to express opinions, beliefs, be themselves and explore their values. This course and this professor WILL challenge those opinions and beliefs in the spirit of critical thinking and examining life to its fullest. In order to engage in open discussion, students are asked to follow some guidelines to help create a more comfortable learning environment amidst these challenges1: 1. 2. 3. 4. 5. 6. Acknowledge that other people have experiences that we may not understand or relate to. We will work on acknowledging the experiences and feelings of ourselves and others, even if we do not agree with how we or others are currently acting on these experiences and feelings. Agree not to blame others or ourselves for the misinformation they or we have learned, but to accept responsibility for not repeating misinformation after we have learned otherwise. Agree to be aware that how we conduct ourselves in the classroom affects the learning of others. (e.g.: Am I talking more than my share? Am I unwilling to share my ideas?) Agree to respect any requested in-class confidentiality. Do not engage in private conversation during lecture or group discussion, interrupt while another person is speaking, read non-course materials or use any form of electronic devices (cell phones, pagers, blackberries, portable computers, etc.). Be respectful in our dialogue with others. During our circle discussions we will decide (as a class) what defines respect. Part of promoting respect and consensus means accepting that we in this class may choose to discuss and potentially make changes to these guidelines, or to point out when our class fails to meet this agreement. All students should feel free to begin such a discussion at any time. Managing Your Course Participation The golden rule of this course is to attend all course meetings. It is impossible for us to learn together as a community when one or more members continually drop in and out. Missing classes or coming unprepared (not reading) will compromise your grade, since the writing assignments and examinations rely on classroom materials, including lectures, discussions, guest speakers and films that are not covered in the readings. Academic Integrity Cheating, plagiarizing or other actions that violate the rights of another student in academic work or involve misrepresentation of your own work are violations of academic integrity. The American College Dictionary defines plagiarism as “copying or imitating the language, ideas, and thoughts of another author and passing off the same as one's original work.” If you are confused as to the difference between paraphrasing and plagiarizing, ask for clarification! The correct way to 1 These guidelines were developed by Lynn Weber and published in Women's Studies Quarterly 18 (Spring/Summer 1990). Some amendments have been made. 3 paraphrase (explain an author’s point in your own words) is to place the author’s last name & the date of publication after your sentence. Examples of the correct use of paraphrasing and quoting: Vandana Shiva calls food democracy “the new agenda for ecological sustainability and social justice” (Shiva 2000, p. 18). Regardless of age, political views, and educational level, women are more likely than men to be animal advocates (Kruse 1999). UMD’s Academic Integrity Policy can be found at: www.d.umn.edu/assl/conduct/integrity ASSIGNMENTS Points Reading Quizzes (all) 50 Midterm Exam 100 Final Exam 100 Attendance & Participation 50 Complete 2 of 3 papers (200 pts total) 1st Paper: Applying RJ Values & Principles 100 nd 2 Paper: Apology & Forgiveness 100 3rd Paper: Program Evaluation or Design 100 Total A 460-500 C 360-389 500 A- 450-459 C- 350-359 B+ 440-449 D+ 340-349 B 415-439 D 315-339 % of Grade 10% 20% 20% 10% 20% 20% 20% 100% B- 400-414 F 0-315 C+ 390-399 Assignments: Reading Quizzes (50 pts) & Attendance/participation (50 pts) This class is designed as an interactive seminar. To understand the material and do well in the class, it is essential to attend class on a regular basis. Our circle format and ongoing class discussions will form the basis of our learning and debate of these issues. If you continually drop in and out of class, or neglect the day’s readings, you will quickly get behind and lose the thread of the conversation. This is not a course for people who skip class! To encourage your regular attendance and reading, 100 points of this course consist of reading quizzes, attendance, and participation. Quizzes given at the beginning of class are designed to assess your general comprehension of the material. The questions will be simple, designed to ascertain whether you have completed the reading. They will also form a portion of your grade. If you arrive after the reading quiz has been administered, the quiz points will not be available to you. Use this as an opportunity to operate with 100% integrity. You know ahead of time when you need to be in class, so organize your life to meet this commitment. There are no make-ups on quizzes. I will drop your two lowest quiz scores from your final total. Attendance will be taken with a sign-in sheet on days we do not have quizzes. Excused absences require documentation, and include such things as emergencies, illness, or University-sanctioned events. Please email BOTH your professor and your teaching assistant if you wish to have an absence counted as excused (egaarder@d.umn.edu and rengs013@d.umn.edu). 4 Midterm Exam (100 pts) & Final Exam (100 pts) The exams will consist of multiple choice, short answer, and essay questions covering material from readings, films, lectures, and discussions. Papers: Complete 2 of 3 papers. In the sad and unlikely event that you earn less than 70% on one of these papers, you may complete a third paper, provided that you show documentation of a visit to the writing center (see last page of syllabus). If you earn a higher grade on the third paper, I will drop the lowest of your paper scores. 1st Paper: Applying RJ Values & Principles (100 pts) 4-6 pages Choose a personal experience where you or a loved one was harmed or caused harm to another. After briefly describing the experience or story, discuss how the values and principles of restorative justice might be applied. Was the hurt or harm dealt with according to the values of restorative justice? If so, describe why you consider the outcome to be restorative (using terms from the readings). If not, provide a critique (based on restorative principles) of why the outcome was not helpful to the victim(s), offender(s), and community. How might a restorative justice principle or practice have helped in this matter? What kind, and why? Be sure to draw from class readings in your paper, and cite them properly. 2nd Paper: Apology & Forgiveness (100 pts) 4-6 pages The goal of this assignment is to explore the complexities of apology and forgiveness in restorative justice. In this paper, you will use examples from your own life, and connect these to the readings, films, and guest speakers from class. First, discuss a situation in which you were harmed by someone. Have you forgiven that person for harming you? If yes, explain what happened that enabled you to forgive. If not, explain what stands in the way of your forgiving. Second, discuss a situation in which you harmed someone. Has that person forgiven you for harming him/her? If yes, explain what happened in order for him/her to forgive you. If not, explain what stands in the way of his/her forgiving you. In drawing on examples in your own life, reveal only as much as is comfortable for you. (Whatever the details of the examples you use, do not reveal other people's real names.) The examples you use could be major or minor – you decide. Whatever you reveal, I assure you that I will not discuss your assignment or show it to anyone else. Be sure to draw from class readings in your paper, and cite them properly. 3rd Paper: Program Evaluation or Program Design (100 pts) 5-7 pages You may work on this project with one other classmate if you wish. If you work in pairs, you both will receive the same grade. Option A: Evaluate an actual justice-related program or organization from a restorative framework. Briefly describe the program/organization, then assess ways that it does or does not measure up to a restorative justice “yardstick.” To do this, you will need to develop a restorative justice “yardstick” consisting of no less than 6 and up to 12 criteria; this will guide your evaluation and discussion. You are not expected to do a study of how well the program is succeeding (since “success” is a relative term). Rather, you should look at how the program is conceived and designed, and then measure it against restorative justice principles (Zehr is a helpful reference). Examples of topics include a school or church disciplinary procedure; a correctional program; a domestic violence organization; a social services agency; a drug court; an international agency. 5 Option B: Design a restorative justice application for your community, drawing upon the needs and realities of the community, RJ values, and the approaches you’ve learned in this course. Examples of topics include designing an RJ program to address college drinking/neighborhood tensions, child abuse/neglect, sexual/physical violence, or child custody disputes. Other ideas include designing a process for use within prisons or other facilities. You could also think of a specific case involving your family or loved ones—what kind of RJ process would you use to address it. Plan it from the preparatory phase, to actual encounters, to follow-up. Be as specific as possible. Think about the needs and actual resources in your community, and the people who would be key participants. To do this, you will need to develop a restorative justice “yardstick” consisting of no less than 6 and up to 10 criteria; this will shape your approach (Zehr is a helpful reference). Finally, consider whether the criminal/legal system or actors will have any role in your RJ process. For all papers, follow these style guidelines: Create a cover page listing the following items: 1. A title (your own creative title as it applies to the topic) 2. Your full name 3. The course name and number 4. The professor’s full name, and 5. The date the paper is submitted Every paragraph starts with one tab/indent Do not place ANY empty lines between paragraphs. Double-space your text. Do NOT use one-and-a-half or other spacing! Create page numbers Font size: 12-point only, Font style: “Times New Roman” only Other than the text and page number, place no other information on your pages (for example, do not repeat the title, your name or any other data) All margins, top, bottom, right and left must be of 1.00 inch length Staple your paper in the upper left-hand corner *LATE ASSIGNMENTS* Assignments turned in late will lose 5 points (approximately ½ letter grade). No papers accepted one week past the due date. Do not email your papers. ~UMD SUPPORT SERVICES~ Writing: You can get free tutoring services at the Solon Campus Center for writing needs. Call 7266246 or visit their website at (www.d.umn.edu/tutoring/) for times. Students with disabilities: It is the policy and practice of UMD to create inclusive learning environments for all students. If there are aspects of this course that result in barriers to your inclusion or your ability to meet course requirements – such as time limited exams, inaccessible web content, or the use of noncaptioned videos – please notify the instructor as soon as possible. You are also encouraged to contact the Office of Disability Resources to discuss and arrange reasonable accommodations. Please call 218-726-6130 or visit the DR website at www.d.umn.edu/access for more information. Counseling: Call 726-8155 for an appointment or visit (www.d.umn.edu/hlthserv/counseling) 6