Chafing against a westernized system of justice that the native Maori population claimed evolved from “institutional racism,” the Maori people sought to revive the native way of punishment in which the whole community is involved, not just a judge.
In the 1980’s when Maori leaders brought to the government their concerns about young people being incarcerated at a high rate, and the whole New Zealand criminal justice system being inadequate, the government listened. In 1989 an Act of Parliament, The Children, Young Persons and Their Families Act was passed. The Family Group Conference (FGC) replaced the court as the venue where juvenile offenders were held accountable for their actions.
At an FGC meeting, an offender and his or her family get together with the victim and supporters of the victim, a law enforcement agent, and a Youth Justice Coordinator, who facilitates. Offenders, heeding to the Maori proverb, “Let shame be the punishment,” is expected to show genuine remorse to the victim. The offender and the offender’s family are encouraged to take a leading part in bringing about a real solution that addresses the needs of the victim. The whole assembled group works toward a fair and just outcome, unlike other restorative justice processes where the court has the only say. If one of the participants in the group does not agree with the projected decision, he or she can opt out of the process.
YES! Magazine gives an example of how FGC works. A young man assaulted his grandmother, with whom he lived, in his quest for cash, taking the rent money. His grandmother related what had happened to the young man’s aunt, who reported the incident to the police. The police did not arrest the youth but referred him to FGC. Both the youthful offender and his grandmother were supplied with a support system. In the offender’s case, it was his teacher, and for his grandmother it was an organization called Victims as Survivors. For both, because they were recent refugees, the ,I>Refugee and Migrants Services Trust agreed to help. The offender and his grandmother were instructed by FGC to meet with their support organizations. Transportation to and from the support organizations was arranged. Before any meetings were held, the family’s religious and cultural background was taken into consideration, an important part of all FGC cases.
The grandmother and her grandson both spoke during the FGC process. Listening to his grandmother speak, the young offender realized the devastating impact his behavior had on his grandmother and family. When it was his turn to speak, the grandson related how difficult it was to survive in the refugee camp he and his family were sent to. He added that because he had no money he felt like he would not be accepted by residents of his new country. His anger, pain and sense of isolation became apparent as he spoke.
The participants in the FGC, including the youth and his grandmother decided what justice would be in this case. The young man was to live apart from his grandmother until she felt she could trust him to move back with her. He had to pay her full restitution for the funds he stole. He was assisted in finding part-time employment by the support organizations. The FGC also decided that the grandson must seek counseling to work through the anger that continued to devour him due to his negative his experiences in the refugee camp. The support team also connected the young man with a mentor who shared the same cultural heritage, and who would make sure the grandson would follow the recommendations of the FGC. Additional recommendations included attending school and performing community service. Finally, the young man would apologize to his grandmother and cook her a meal.
In other countries, a person in the same situation as the young man in the example would have most likely been arrested and held in a juvenile detention facility. A judge would decide his faith, which might include an additional term in a juvenile jail. The offender probably would never know how his grandmother felt, and she might not have gotten to hear, in such an intimate setting, what compelled him to rob her. In a sterile courtroom, supporters of both the grandmother and grandson would not be able to sit next to each other and discuss what “punishment” fit the crime. And the young man and his grandmother might never have reconciled as they did in the FGC. The grandson never got in trouble again after working with he FGC.
The FGC is based on the Maori principle that families and communities must work together to raise young people properly. While most courts ask that an offender take responsibility for a committed criminal act, the requirement is often followed by a hollow “I apologize.” In the FGC, an offender works with his family, his victim, and support organizations that represent all parties involved. The offender gets to see in a far more personal way the result of his negative actions, and his apology often reveals a true sense of remorse. Working through an incident to come up with a favorable and viable solution is what the Maori restorative justice exemplifies in the FGC.
Source: YES! Magazine Summer 2011 Issue
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