Restorative Justice and the Circle Process in Juvenile Justice
Kay Pranis
April, 2010
(An edited version of a presentation made in Costa Rica)
I come from another culture and it may be that not all I say is useful in your culture. Please take what
is useful and release what is not. You will know better than I do where restorative justice and the
circle process will fit best. I will share the general principles and framework of restorative justice and
circles and some examples of what others have done. However, you are the ones with the expertise to
really design it to work best for you.
I also want to note that though I will talk about examples of what is being done, the reality is that those
examples are not typical of juvenile justice in the US. Our system is not yet generally restorative but
there are pockets of wonderful restorative justice work that provide the hope for moving further in that
direction.
Images
I want to begin by sharing some images with you of what this looks like:
With the support of a community circle, a young man, who stole his father’s credit card and charged
over $1,000 in goods, apologizes to his father, turns over his federal and state income tax refunds to his
dad and does community service at a local church. His dad says, “I got my son back.”
A dozen adolescents do home repairs worth $12,000 on a house they vandalized. The victim stops by
to observe their work and they share the excitement of their accomplishments with him.
A woman from an inner city neighborhood community justice circle that works with African American
juveniles saw one of the 'circle kids' with a group of other kids on a street corner getting into a fight.
Because she has a relationship with the youngster through the circle, she pulled over and called to him
to get into her car. He jumped into her car and got himself out of potential trouble.
Definition of restorative justice
Restorative justice has emerged as a framework for guiding responses to crime and delinquency at all
levels of the juvenile justice system. Howard Zehr identifies the central focus of restorative justice as
'putting things right' and suggests three concepts as pillars of this framework of putting things right: 1)
Restorative justice focuses on harm. 2) Wrongs or harms result in obligations. 3) Restorative justice
promotes engagement or participation (Zehr, 2002). Restorative justice, then, encompasses responses
to crime and delinquency that move toward understanding, acknowledging and repairing harm.
Achieving understanding, acknowledgment and repair requires direct participation of victims, offenders
and affected communities in the process of justice. Since harm is the central problem in a restorative
framework, restorative justice requires a response that does no further harm.
In the restorative framework mutual responsibility is the loom on which the fabric of community is
woven. Crime and delinquency represent a failure of responsibility, clearly on the part of the offender
and sometimes on the part of the larger community. Restorative justice aims to re-establish mutual
responsibility.
Restorative justice focuses the response to crime and delinquency on healing for all the wounds
associated with the crime. Consequently, any action that moves toward healing for anyone affected by
a crime - victim, friends and family of the victim, affected community members, offender, offender
family and friends – in a way that consciously minimizes any further harm is restorative.
Restorative justice has ancient and widespread roots. Processes that focused on repair of harm and
acknowledgment of wrongdoing were a part of most ancient cultures and are still practiced today
among many indigenous people around the world. Many of us use such practices in our families and
social communities. However, the formal justice system in Western societies in the late 20th century
was not based on the philosophy of restorative justice.
From Principles to Practice – Guiding Questions and Accountability
Restorative justice is a philosophy. Dan Van Ness says, “If crime is a wound, then justice is healing.”
And Howard Zehr identifies the principles of
 focusing on harm,
 identifying obligations,
 involving all stakeholders and
 using inclusive collaborative process.
How do we translate those principles into action? What do we do if we want to be restorative?
Howard Zehr offers an elegant and simple way to engage a restorative response by changing the
questions we ask when harm happens.
Typical non-restorative practice in the US juvenile justice system is guided by the following questions:
What law was broken?
Who broke that law?
What should we do to that person because they broke the law?
In a restorative response we ask a different set of questions:
Who was hurt?
What do those hurt need to begin repairing the harm or putting things right?
Who has obligations to try to meet those needs?
Who should be part of the process of determining what needs to be done to repair the harm?
What specific collaborative process would be most helpful for determining how to put things right?
The shift in questions takes us in a completely different direction for action. It places the harm, thus
the victim and their needs, at the center. A restorative response requires an understanding of who was
harmed and what exactly the harm was for them. And it requires a plan to repair the harm to the degree
possible. It also assumes that professionals cannot answer those questions by themselves.
Professionals can facilitate processes to help those affected answer the questions, but only those most
directly impacted can fully answer the questions of what was the harm and how can that be repaired.
This new set of questions also gives us a new understanding of accountability. In the mainstream
juvenile justice system accountability has been defined as “taking punishment.” You have been held
accountable if you have taken your punishment. In the restorative framework accountability is defined
as “taking action to repair the harm and make amends.” That shift in definition of accountability
moves the offender from a passive receiver of punishment to an active actor in making things right.
Howard Zehr's questions help us to break out the elements of accountability that define specific action
responsibilities for offenders.
Accountability in a restorative framework has the following elements:
 Acknowledging that you caused harm
 Acknowledging that you had a choice in what you did
 Understanding how others were affected by what you did (victims, community, your own
family, . . .)
 Taking action to repair the harm (physical and emotional)
 Taking action to change your life patterns that might have contributed to you choosing to
commit the crime (prevention of you doing it again)
The restorative questions and these elements of restorative accountability are very practical guides for
the action level of restorative practice. They tell us what to do in our interventions if we wish to be
restorative.
Restorative Justice Practices
Because restorative justice is a philosophy to guide all activities in response to crime and delinquency,
it is not a fixed set of practices. However, there are several practices that have emerged under this
philosophy that exemplify the philosophy and are often the core of efforts to build a more restorative
system. The practices generally associated with restorative justice are those which bring victims and
offenders or victims, offenders and community members together in a facilitated dialog to determine
what is needed to repair the harm and build a better future. Many other practices, by working with just
offenders or just victims, also work toward the vision of restorative justice by supporting victims,
involving offenders in repairing harm, increasing offender awareness of responsibility or other
restorative goals but may not involve a face to face dialog between the victim and the offender.
The most common face to face dialog practices are:
 victim-offender mediation, a facilitated face to face dialog between the victim and the offender
 restorative group conferencing, a facilitated dialog process involving the victim, victim
supporters, offender and offender supporters
 peacemaking circles, a facilitated process that involves the victim, victim supporters, offender,
offender supporters, community members and relevant members of the justice system
These face to face dialog processes focus on understanding the harm to everyone present and then
making plans to address those harms to the degree possible. They allow everyone to speak and to share
their story and they are characterized by respect for everyone.
All of these processes require admission by the offender of the charge. Victim participation is always
voluntary and offender participation is typically voluntary or represents some level of willingness
relative to other options. These processes can be used for determining obligations of offenders at many
different points of the justice system: informal diversion, formal diversion, post-charge-preadjudication/disposition, and post adjudication/disposition as part of the sentence. The peacemaking
circle process can be used for the adjudication/disposition itself as a sentencing circle. These processes
are also used post conviction as a part of healing or as a part of reintegration into the community after a
period of incarceration.
I will describe in more detail the peacemaking circle process because it has the most extensive
applications in juvenile justice. I will begin with a story of how the circle works.
A Family Crisis - Nine Year Old Out of Control
Mark, nine years old, came to the attention of social services because he stole $140 from his
grandmother, a cab driver who had tip money around the house. In the two month period after that
referral Mark had 13 new charges. His behavior had gone completely out of control.
Mark had lived with this mother for his first three years and during that time was physically and
sexually abused by his mother's boyfriend. When child services moved toward putting him in
placement, his maternal grandmother came from another state and took him home to live with her and
his sister, Mary, six years older. About one and a half years before the theft incident Mark's mom,
Colleen, came to live with them. Colleen had very little patience and no parenting skills. Matthew was
looking for a mom, but she pushed him away. Grandmother remained in charge of the parenting
process, even when the mother occasionally tried to act as the parent, but Grandmother also lacked
parenting skills. Though Grandmother had lived in the neighborhood for many years, she and Colleen
were quite isolated.
A circle was convened to support the family and seek understanding of the problems. Circle
participants included Mark, Colleen, Grandmother, Mary, a family friend, a neighbor, mothers of two
of Mark's friends, a community volunteer from a foster grandparent program, a county commissioner
concerned about juvenile crime, a mental health therapist, YMCA youth staff, a community volunteer
from the community safety net and the community volunteer keeper. The mothers of Mark's friends
were angry because they felt Mark was dragging their children into trouble. The neighbor was initially
angry and afraid. She had turned Mark in for some of his behavior. In the circle the neighbor tearfully
revealed that her own sons had been in trouble. Her husband had told her not to get involved, but she
replied to him, "I can't stand by and watch this kid become like our boys."
In the circle participants expressed their frustration with Mark, their fears about his future, their sense
of helplessness, their concern about the family and their desire to have Mark, the family and the
neighborhood safe. Mark, whose father has never been a part of his life, was very responsive to the
men in the circle. His demeanor was generally slumped with no eye contact, but when the men spoke,
he sat up, attentive, and made eye contact.
The circle agreed that Colleen (the mother) and Grandmother would attend parenting classes and that
all family members would participate in individual and family counseling. The county commissioner
agreed to advocate to get Mark back in school. Mark had been expelled for bringing a pocket knife to
school. The foster grandfather agreed to spend time with Mark on leisure activities and helping with
homework. The YMCA staff agreed to find support for a family membership at the Y. The mother of
one of his friends agreed to take Mark and her son roller skating twice in the next month.
In subsequent circles additional information about the family surfaced. Mary, 15, had a boyfriend
living in the house with the approval of Colleen and Grandmother. Circle members discovered that he
was 32 years old, were extremely alarmed and reported his presence to the police. Mark frequently had
bruises from the boyfriend pinching him at pressure points to make him behave. The circle found that
Mark loved dogs and they arranged for Mark to walk the dogs of several neighbors regularly. The
circle found that Mary had a strong sense of responsibility for her brother, as if she were his mother.
The foster grandfather included Mary in some activities with Mark in which she could relate playfully
to him as a brother.
Mark's behavior improved and the family was cooperative with counseling and parenting classes, but
Children and Family Services wanted to remove Mark from the home. They had concluded that
despite some progress, the mother and grandmother did not have adequate skills to parent. A staffing
meeting was held to discuss placement. The ten agencies involved with Mark were represented and
three community people from the circle attended. The agency representatives consulted the files and
began discussing the case. Circle members quickly realized that the professionals knew very little
about Mark and his family and were proposing action that was not good for Mark. Circle members
were torn about the issue. They recognized that Mark needed more than his family could provide, but
also knew that everyone in the family was working at better relationships and skills and were
committed to each other. The circle asked the staffing group to allow them to develop a more
constructive approach.
Circle participants found a neighborhood foster home with a pair of very skilled foster parents. They
convened the circle again, included the foster parents and developed a plan providing that Mark live
with his family, but go to the foster home twice a week to give his family respite and to be in a strong
nurturing environment. Grandmother and Colleen agreed to spend some time in the home with Mark to
observe the foster parent interactions with Mark. Children and Family Services accepted the circle
proposal and expressed amazement at the level of community support for this child. The ten agency
representatives began to ask the circle, "What do you guys think we should do?"
Over a period of many months the circle constructed a net of supportive relationships combined with
skill building activities for family members, community members and social service agencies resulting
in a dramatically different environment for Mark and his family and a sense of hope in the
neighborhood. Members of the circle committed to working with Mark and his family as long as they
are needed.
Peacemaking Circles
Based on American Indian talking circles, the peacemaking circle process involves the victim, victim
supporters, offender, offender supporters and interested community members in a structured dialog
about what happened, why it happened, what the impact is, and what is needed to repair the harm and
prevent it from happening again. Participants sit in a circle without tables or other furniture. An
object, called a talking piece, circulates in order among participants who speak only when they are
holding the talking piece. The use of the talking piece reduces the role of the facilitator and eliminates
cross-talk or interruptions because the talking piece designates who may speak while all others listen.
The process may involve separate circles for the victim and offender before all parties are brought
together to determine an action plan to address the issues raised in the process. By consensus the circle
may develop the sentence for the offender and may also stipulate responsibilities of community
members and justice officials as part of the agreement.
The circle process is rooted in ancient traditions and incorporates contemporary understandings about
living in rapidly changing, multi-cultural societies. Ancient communities used processes similar to
circles to attend to the work of community – as do many current indigenous communities around the
world. We believe it is a common form of collective engagement around issues of interest to a
community across the ages and around the globe. The circle process described here derives most
directly from traditions of various First Nations and Native American people who still use circles and
embody core teachings related to circles in their way of life. This circle process is also informed by
modern experience in dialog, consensus building, cross cultural communication, recognition of
individual interests, change theory and personal transformation. The process balances the ancient with
the contemporary, the individual with the group, the inner and outer self.
The circle is a technique for organizing effective group communication, relationship building, decisionmaking and conflict resolution. Even more importantly, the circle embodies and nurtures a philosophy
of relationship and interconnectedness that can guide us in all circumstances – in circle and outside of
circle. The circle is an intentional space designed to support participants in bringing forward their ‘best
self” – to help them conduct themselves based on the values that represent who they are when they are
at their best. The circle creates a protected space to practice that ‘best self’ value-based behavior when
it might feel risky to do so. The more people practice that behavior in circle, the more those habits are
strengthened to carry that behavior into other parts of their lives. The circle is a technique for
organizing effective group communication, relationship building, decision-making and conflict
resolution. Even more importantly, the circle embodies and nurtures a philosophy of relationship and
interconnectedness that can guide us in all circumstances – in circle and outside of circle. The circle is
an intentional space designed to support participants in bringing forward their ‘best self” – to help them
conduct themselves based on the values that represent who they are when they are at their best. The
circle creates a protected space to practice that ‘best self’ value-based behavior when it might feel risky
to do so. The more people practice that behavior in circle, the more those habits are strengthened to
carry that behavior into other parts of their lives.
Structural Foundation of the Circle
The foundation of circle structure includes the values that nurture good relationships with others and
key teachings common among indigenous communities. Together these values and ancient teachings
create a strong root system to support the creation of a container that can hold anger, frustration, joy,
pain, truth, conflict, diverse world views, intense feelings, silence and paradox.
To create the values foundation of the Circle participants identify values they feel are important for
healthy process and good outcomes for all.
Typical values are: honesty, respect, openness, caring, courage, patience and humility. The exact words
vary with each group but the values generated by circles across a wide variety of contexts are
consistent in their essence. They describe who we want to be in our best self. The values in circle are
not taken for granted nor are they imposed by the facilitator. Conscious conversation by participants
about the values they wish to hold in a collective space is a critical part of the circle process.
The indigenous roots of the circle process contribute key teachings to the foundation of the circle.
These teachings are often associated with the circle image as a metaphor for how the universe operates.
For many indigenous people the circle as a symbol conveys a worldview – a way of understanding how
the world works. The following teachings are an integral part of that worldview and an integral part of
the space of circle:
 Everything is interconnected.
 Though everything is connected, there are distinct parts and it is important for those to be in
balance.
 Every part of the universe contributes to the whole and is equally valuable.
The assumption that everything is interconnected has profound implications for human relationships. It
means that it is not possible to drop out, kick out or get rid of anyone or anything.
These shared values and ancient teachings infuse every aspect of the process. They shape the attitude
of the keeper and define the atmosphere or climate of the space the keeper is trying to create with the
circle participants. They are a vision of possibilities for the group. Participants are often not in a place
reflective of those values and teachings when they enter the circle. The intention of circle is to help
them step in the direction of those values and teachings from whatever place they were in when they
entered. Every step of a circle process works toward building and nurturing the capacity of participants
to act according to those values and teachings. To support movement of participants toward those
values and teachings the circle process must model those values and teachings in every way possible.
Structural Elements of Circle
The circle uses six structural elements to create the space defined by those foundational values and
teachings. These structural elements are the tools used by the keeper/facilitator to make the values and
teachings functional in a concrete workable process that creates a space for honest, respectful dialog
that honors each voice and nurtures relationships.
Guidelines - Circles use a self-governing process in which all participants are a part of creating the
behavioral expectations for the group interaction. Participants create the guidelines for their process by
consensus. Collective creation of the guidelines shares the responsibility for protecting the quality of
the collective space with all participants.
Talking piece - The talking piece is an object which has meaning to the group and that is passed from
person to person around the circle. Only the person holding the talking piece may speak. That person
has the undivided attention of everyone else in the circle and can speak without interruption. The use
of the talking piece allows for full expression of emotions, deeper listening, thoughtful reflection, and
an unrushed pace. Additionally, the talking piece creates space for people who find it difficult to speak
in a group, but it never requires the holder to speak. The profound listening and respectful speaking
promoted by the use of the talking piece create safety for speaking difficult truth.
Ceremony - Circles use some form of ceremony to mark the opening and closing of the special space of
circle. Within the space of the circle participants are asked to be more mindful of the core values that
define the best in them and to act according to those values. For most people that requires dropping
masks and protections – it feels vulnerable. It becomes safe to do so because everyone else in the circle
is making the same commitment. Because that level of safety is not present in most collective spaces,
it is important to clearly define when that safe space begins and when it ends. The opening ceremony
helps participants to relax, to release anxieties not related to the circle, to focus on their inner state, to
be mindful of interconnectedness and to open to positive possibilities. Closing ceremonies honor the
contributions of the group and remind participants once again of their connectedness to one another and
the larger universe.
Storytelling – “Sharing stories is an essential source of the power of circles,” says Barry Stuart. Circles
build relationships, explore issues and share wisdom primarily through sharing the life experiences of
the participants. The circle invites participants to share those parts of their personal stories that are
relevant to the purpose of the circle. Storytelling is a powerful tool for transformation of relationships.
Storytelling allows participants to see one another in multiple dimensions and often breaks down
assumptions participants might have made about one another that block good communication.
Storytelling engages the heart and spirit more than data or information can.
Keeper/Facilitator - The role of the facilitator in a circle is distinctly different than in other dialog or
consultative processes. The circle facilitator, often called a keeper, is a participant in the group.
Because the talking piece regulates who will speak next the facilitator has less control over the process
than in other facilitation practices. The collective creation of guidelines also reduces the responsibility
of the facilitator and shares that with everyone in the circle. The facilitator is responsible for
monitoring the quality of the interaction and bringing any process problems to the attention of the
group when they are not self-correcting. The facilitator is not solely or principally responsible for
determining how process problems might be solved.
Consensus Decision-making – When decisions are made in circle they are made by consensus.
Consensus in a circle is defined to mean that everyone can live with and support the decision. The
decision may not be each person’s first choice, but it must be acceptable to everyone. Effective
consensus processes depend upon strong shared vision, equal voice, and trusting relationships among
participants. Because circles are grounded in shared values, provide equal voice through the talking
piece and work throughout the process to build relationships, coming to consensus in a circle is not as
difficult as most people anticipate. Decisions made by consensus have a significant advantage over
decisions arrived at by majority rule voting. They are much easier to implement because everyone is
committed and on-board to make it work.
Other Core Characteristics of Circle
Relationship building before discussion of the core issue - Circles deliberately delay the dialog about
the contentious issues until the group has done some work on relationship building. An introduction
round with a question inviting people to share something about themselves, the creation of circle values
and guidelines, and a storytelling round on a topic tangentially related to the key issue precede the
discussion of the difficult issues that are the focus of the circle. These parts of the circle generate a
deeper awareness within the circle of how their human journeys have generated similar experiences,
expectations, fears, dreams and hopes. These opening parts of the circle also present participants to one
another in unexpected ways, gently challenging assumptions they may have made about one another.
Creating guidelines together provides an opportunity for the group to experience finding common
ground in spite of serious differences. A circle intentionally does not “get right to the issues.” Taking
time to create a sense of shared space and connection in the group increases the level of emotional
safety which allows deeper truth telling. It also promotes awareness of the humanity of all participants.
Physical Format – As the name of the process implies physical layout is important to the circle process.
Participants sit in a circle facing one another without any tables in the center. Geometry matters. A
group of people in a circle without tables will have a different dynamic than a group of people in rows
of chairs or even a group around a round table. Circle geometry emphasizes equality. There is no head
to a circle. It also emphasizes connectedness among the group and encourages accountability because
every participant can look directly at every other participant. A circle has a single focal point which
helps the group focus on the purpose of the circle and limits distractions. The lack of tables encourages
full presence and further emphasizes accountability and openness. There is no place to hide in a circle.
Shared Leadership – Several of the structural elements and characteristics of circle shift responsibility
from the keeper to all the participants in a circle. The collective creation of values and guidelines for
the circle engages the entire circle in setting expectations for conduct in the circle. When that happens
participants are more likely to take responsibility for making sure those expectations are met and less
likely to rely on the facilitator as enforcer. The use of the talking piece moving in order around the
circle to regulate the dialog dramatically reduces the role and power of the keeper. In many processes
the facilitator has the power to determine who will have a chance to speak and the facilitator can speak
at any time. In a circle the facilitator may speak without the talking piece, but only does that if there is
a serious process challenge that must be addressed. The quality of the process is a responsibility of all
the participants, not just of the keeper. Because the keeper sits as an equal in the process and generally
only speaks when the talking piece comes, there is less tendency to depend on the keeper for solutions
or control.
Types of Circles
Because of the flexibility and power of the circle process people use circles for many different
purposes. Consequently, there are different types of circles. The type of circle will determine the
relative importance of different elements of the circle structure and process. Following is a list of types
of circles:
Types of circles
 Celebration
 Dialog
 Learning
 Community-building
 Understanding
 Healing
 Support
 Re-integration
 Group decision-making
 Conflict
 Sentencing
Celebration or Honoring Circles – Celebration Circles bring together a group of people to recognize an
individual or a group and to share joy and a sense of accomplishment. It is generally not necessary to
generate specific values and guidelines for a celebration circle beyond the agreement to use and honor
the talking piece. Consensus is not a relevant element of a celebration circle. Preparation for a
celebration circle primarily involves logistics and invitations. People use celebration circles for
birthdays, graduations, anniversaries, awards, retirements and many other milestone events.
Dialog Circles – In a dialog Circle, participants explore a specific issue or topic from many different
perspectives. Dialog Circles do not attempt to reach consensus on the topic. Dialog Circles allow all
voices to be respectfully heard and offer participants a diversity of perspectives to stimulate their
reflections. A dialog circle is not focused on particular participants. Preparation for a dialog circle
does not usually require individual preparation or extensive background work.
Learning Circles – A learning Circle uses the circle process for teaching or information sharing.
Consensus is not a concern in a learning circle. A learning circle does not require individual
preparation of participants and may not involve follow-up.
Community building Circles – The purpose of a community building Circle is to create bonds and build
relationships among a group of people who have a shared interest. Community-building Circles
support effective collective action and mutual responsibility. Community building circles are not trying
to reach consensus, but may be used as a preliminary process to prepare for a group decision-making
circle that will try to reach consensus. Community building circles are not focused on particular
participants and do not require extensive preparation.
Circles of Understanding – A Circle of understanding is a talking Circle focused on understanding
some aspect of a conflict or difficult situation. A Circle of understanding is generally not a decisionmaking Circle, therefore does not need to reach consensus. Its purpose is to develop a more complete
picture of the context or reason for a particular event or behavior. A circle of understanding may be
focused on a specific person or persons and therefore may require individual preparation and planning
to ensure adequate support for those participants. Preparation should also ensure involvement of the
various perspectives necessary for a fuller understanding of the situation.
Healing Circles – The purpose of a healing Circle is to share the pain of a person or persons who have
experienced trauma or loss. A plan for support beyond the Circle may emerge from the healing Circle,
but is not required. Attention to preparation is very important to ensure that the process does not
inadvertently cause more pain for the key person(s).
Support Circles – A support Circle brings together key people to support a person through a particular
difficulty or major change in life. Support Circles often meet regularly over a period of time. By
consensus support Circles may develop agreements or plans, but sometimes they are not decisionmaking Circles. Initial preparation to organize a support circle is extensive. Preparation for
subsequent circles is simpler.
Reintegration Circles – Reintegration Circles bring together an individual and a group or community
from which that individual has been removed to rebuild connections and integrate the individual into
the group again. Reintegration Circles frequently develop consensus agreements. Reintegration
Circles have been used for juveniles and adults who are returning to the community from prisons or
correctional facilities. Reintegration circles can be used to assist the transition of military personnel
back into community after serving in a war zone.
Group Decision-making Circles – A group decision-making circle is a circle focused on reaching a
decision by consensus with a group of people. Preparation is an important part of the process for a
decision-making circle and may include separate circles of understanding or community building
before the decision-making circle. Work groups, governing boards, advisory councils, and families
have used decision-making circles to reach important decisions for their respective communities.
Conflict Circles – A conflict Circle brings together disputing parties to resolve their differences.
Resolution takes shape through a consensus agreement. Extensive individual preparation is common in
conflict circles. It is also possible to use other types of circles in the preparation stage of a conflict
circle. Typically a conflict circle requires significant time in relationship building before discussing the
core issues. Conflict circles are used for conflicts in neighborhoods, workplace, schools, churches and
families.
Sentencing Circles – A sentencing Circle is a community directed process, in partnership with the
criminal justice system, for involving all those affected by an offense in deciding an appropriate
sentencing plan which addresses the concerns of all participants. The person who has been harmed, the
person who caused the harm, family and friends of each, and other community members participate
with justice system representatives (judge, prosecutor, defense counsel, police, probation) and other
resource professionals to discuss: 1) what happened, 2) why it happened, 3) what the impact is, and 4)
what is needed to repair the harm and prevent it from happening again. By consensus the Circle
develops the sentence for the person who committed the crime and may also stipulate responsibilities
of community members and justice officials as part of the agreement. Preparation for a sentencing
Circle may involve separate Circles for the person harmed by the crime (healing Circles) and the
person who committed the crime (Circles of understanding) before bringing them together.
It is important to note that these purposes often overlap. Most circles are in part community building
circles and most circles result in healing for some participants. The typology refers to the primary
purpose of a particular circle. As noted above a circle process might use several types of circles as it
moves through the various stages of the process.
Uses of circles in juvenile justice
Circles can be used to respond at every level and stage of delinquency or inappropriate behavior.
For example:
 circles conducted in school rather than engaging the juvenile justice system to deal with fights,
stealing, etc
 circles used as diversion at the police or prosecutor level – a western Minnesota county uses a
model of circle where community members work with up to three juveniles and their families
meeting every two weeks to work through the responsibilities the youth has to repair the harm
and the changes the youth needs to make in his/her life. They meet until everyone is satisfied
that the youth is on a good path. Sometimes it is a few weeks. Sometimes it is over a year.
 Support circles as part of probation supervision
 circles within juvenile residential programs to resolve conflict or work out community issues
among residents
 reintegration circles to help the youth reintegrate with family, school and community when they
leave a facility
In the juvenile detention facility in St Paul, MN, where I live, staff learned that the cousin of one of the
residents had been killed in a gang shooting. They got the mother to the facility to inform the youth
about his cousin's death. After he learned of the death he asked to go to isolation to be by himself.
Shortly after he asked to come out of the isolation cell. The staff member informed him that the other
residents did not yet know about his cousin's death and asked him if he wanted to be the one to tell
them. He said, “Yes.” She then asked him if he would like to tell them in circle and he again said,
“Yes.” In the circle he informed the other youth and he cried. The talking piece was then passed
around the circle. Part way around the circle was a youth who belonged to the gang that shot the
cousin. When that gang member got the talking piece he expressed empathy and concern. “I know
how you feel man. I'm so sorry your cousin was killed.”
Healing circles are used in neighborhoods after gang violence to support the grief of those who are hurt
and angry. In Oakland, California, a non-profit community organization conducts healing circles for
survivors and they believe that it has reduced retaliation. A priest in Chicago regularly does circle with
gang youth to reduce the violence in his neighborhood. On one day in December, 2009, 52 healing
circles were held in neighborhoods across Chicago for citizens to come together and grieve the loss of
young people to violence and to share their commitment to making the city safe for young people.
Implications beyond individual cases
Using restorative justice with young people in trouble is not enough. The philosophy of taking
responsibility and making amends has applications in all parts of our lives. It is particularly important
to use restorative approaches among the adults in the agencies that work with youth and in the
community. In Chicago a year ago local restorative justice advocates organized circles in nine juvenile
court rooms with all the professionals who work in the courtroom – the judge, prosecutor, defense
attorney, probation officers, bailiff, court clerk – as an opportunity for them to talk about their work and
their relationships with one another.
In January of this year the Chicago folks organized neighborhood circles where community members,
school personnel, police, probation officers, judges, prosecutors and several youth sat together and
talked about how to create healthy community together.
In the probation department of Ramsey County, MN, they use restorative processes to resolve staff
conflict. The use of restorative approaches to staff conflict was pioneered in Minnesota by the prisons.
Every prison in Minnesota offers restorative processes for staff conflict resolution.
Restorative processes are powerful tools for healing harms and creating communities that can prevent
harm.
From the perspective of a youth
A youth that was referred to Yellow Medicine County’s Circle Sentencing
Program agreed to a goal of writing a paper after an incident of concern occurred. This
youth had already had been in circle for over a year and the circle had previously held
a celebration circle for him to recognize his completion of the program. He returned to
circle to discuss a setback that the circle was concerned about.
His goal was to: write a paper about where you were when you came into circle.
How did you think? How did you feel? Then write about where are you today-how do
you think now? How do you feel? How do you relate to people? Finally, where do you
see yourself in the future? How do you see yourself in community, family? How has
circle helped?
The following is what he wrote:
A boy and his father are fishing. The boy says to his father "dad what were you like
when you were younger?" The father takes a deep breath and says, "Well my son I wasn't
the person you see today. See I was a young troubled teen. I had neither care nor any
remorse for my actions. I did what I wanted to do. At that point, in my life I lost someone very
important to me. I did not know what to do. I would not care for life or anything. I would hope
for death to come get me at anytime and that I would be fine with it. I would be getting into
fights and not care for who I would hurt among my path. I had the shortest fuse and I would
snap at any time. My father would always be drunk and yell at me and your aunts among with
your grandma. Every night I would have to deal with this. Grandma would be the only
working while grandpa would be drinking. I had my child hood taken away from me because
of his actions". The boy asked his father "dad why were you so angry at life?" The father
said, "Son I had lost my best friend he was like my brother, my mother was the only one who
would support the family, I had a father who cared more about drinking than his own family.
Later on I had got into trouble with the law, but no matter what it was my mother would
always be by my side. They had put me in a program called circle." The boy asked, 'What is
circle"? The father responded "a new beginning my son". I started there with faces that I
would despise then to later on find myself to cherish and never forget. I came in with a
reckless attitude and the world's biggest chip on my shoulder. As time progressed, I found
myself to open up and to loose this chip. It was hard to believe that these strangers became
my family.
"See my son the man you see before you is a lot more different than who I use to be,"
said the father. My son it took time to progress into the person you see today. I am much
more mature and have found away to control my anger and hate. No longer do I have these
feelings of wanting to die or harm another person for my son words are stronger than
punches. My outlook on life is among the biggest change for my son it is life that is the most
meaningful thing. I pray every night that you follow the right path and have God steer you
away from the path I was on. I
now take responsibilities for my actions for you are not a man until you do so my son. If you
ever find yourself to slip or fall among life always, get back up on your feet harder and
stronger than ever. I now appreciate everything that circle has taught me. I would not be who
I am today for it not is for them. I have learned to walk away from trouble and to know my
right from wrong. In addition, to make amends to the mistakes you have done in life. This
man has learned that you must be honest to those whom matter because the truth will set
you free. See my life was tough because I made it tough for my life. People do care for you
my son even if they seem they do not they do. Anything in life is possible just believe in
yourself as I have and it will be done. I now have peace among myself and no longer do I
await death to come get me. I grew a bond with strangers whom I call my family. The most
important thing that I learned was that it takes time to change and to be respected you must
earn it for it is not given to you". The boy sat there amazed by these words of wisdom and
knowledge. Along with shock from whom his father once was.
See my son life is full of surprises. Tell me my son what do you hope to gain in life?
Well father I hope to be great father and to have a job in law enforcement. Also to have a
good house with a lot of land out there. To also have my children raised into well-behaved
children in society. A beautiful wife that can take care of the kids while I handle everything
else. I think that is about it father. Oohh and to be well respected as you are.
Submitted by William Sturgeon, June 2008
*NOTE: William gave his permission to distribution of his writing*
Closing
I want to return to the idea of interconnectedness. I will share a story from my country. An African
American man moved his family out of a bad neighborhood to protect his son. He did everything he
could to provide a positive environment and support a healthy teen. And his son was all he hoped for.
And then his son was killed in an accidental shooting by someone from a bad neighborhood. A media
interviewer commented to him that he had done everything he could for his son and he replied, “No, I
did not. I forgot one thing. I forgot to care about other people's children.”
We are profoundly interconnected. There is no escape in the long run. What's happening to others will
affect us eventually. Shifting to that mindset is an enormous shift, at least for us in the US. It means
we can never benefit at the expense of others. It means we can't take the easy way out of avoiding
conflict or ignoring problems. It can also be an enormously uplifting mindset. It means we are never
alone. It means we always belong – no matter what happens.
The fear of not belonging or the pain of feeling that you do not belong is at the root of much violence
and harm in the world. Living as if every one belongs might be the biggest violence prevention
measure we could ever devise.
Restorative practices help us live as if everyone belongs. The restorative impulse is always directed
toward healing from the harm of disconnection.