Restorative Justice World

Connecting the World of Restorative & Community Justice

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Restorative Justice Syllabus Spring 2008

REVISED 4-20-08
RESTORATIVE JUSTICE
CJ 480 Seq. Number 10615
Tuesday 7:15-9:45 pm, 3 credit hours
College of Social & Behavioral Sciences, Dept of Criminal Justice
NAU Spring Semester 2008
Mary E. White, B.A., J.D.
Yuma County Attorney’s Office
250 W. 2nd St., Suite G
Yuma, AZ 85364

Office hours by appointment
817-4335 (weekdays)
257-9824 (cell)
maryewhite1@gmail.com
comjustusa.com

Course Description : Introduction to the principles & practices of Restorative Justice.

Student Learning Expectations/Outcomes for this Course :

(1) Students should be able to describe the principles and purposes of restorative justice. They should understand the ways in which restorative justice meets and balances the needs of victims, offenders and the community.

(2) They should have an overview of how restorative justice seeks to address current problems in criminal justice.

(3) They should have basic knowledge of restorative justice principles in relation to victim-offender conferencing, juvenile justice, probation, prisons and problem solving courts.

Course structure/approach: Lecture, class discussion, role play exercises, guest speakers, readings, research reports, written assignments, field trips and final exam.

Textbook and required materials:

Restorative justice/practices/processes constitute a diverse and fast growing field. Many articles and books have been published. It is, however, difficult to find a single textbook covering the topics of this class. Therefore, the instructor will provide readings with written assignments on a class by class basis.

Readings this semester were from Victim Offender Conferencing in Pennyslvania’s Juvenile Justice System, Lorraine Stutzman and Howard Zehr (1998) available online at http://mcc.org/us/peacebuilding/voc.pdf

Assessment of Student Learning Outcomes

  • Methods of Assessment

Written assignments based upon class discussions & assigned readings
Research Report
Final Exam
Written reports on extra credit activities

Timeline for Assessment

Written assignments will be graded & returned
Students are encouraged to turn in research drafts early and more often
than required, in order to receive as much feedback as possible.
1st draft research report due: March 25
Final Research report due: April 15
Final Exam: May 6

Grading System
Points are awarded for accuracy of knowledge, identification of sources
& ability to apply concepts of restorative justice to criminal justice
issues. Grammar, punctuation and spelling will be considered in
grading.

Written assignments (total possible 800 pts = 35% grade):
100 pts Assignment #1: What is the difference between Retribution and Revenge? Define each. Give your sources & your own opinion.
100 pts Assignment #2: What is the difference between Justice and Law? Define each. Give your sources & your opinion.
Assignments #1A & 2A: Show all quotations with quote marks and give the source for each quote.
100 pts Assignment #3: Read Chapters 1 and 2 of Victim Offender Conferencing in Pennsylvania’s Juvenile Justice System. (See link on right side of webpage). Define the following terms from this reading: mediation, reconciliation, “victim offender conferencing”.
100 pts Assignment #4: From the above reading, define the following terms. “stigmatizing shame” and “reintegrative shame”. Based upon the above reading, answer this question: How does Victim Offender Conferencing define accountability?
Assignments #3A & 4A: Revise your written work in #3 & 4 by making the changes suggested & by answering the questions.
100 pts Assignment #5: Read Chapter 4 hand-out. Write your own definition of Restorative Justice (in your own words) & give an example of restorative justice. Choose research topic.
100 pts Assignment #6: Prepare a written plan for how you will approach your research and/or bring copies of sources that you will use. (Due March 4)
100 pts Assignment #7: Written assignment: What can we do to help a child who is beginning to get involved with a gang? (Due March 25). If your research topic is Criminal Street Gangs or Juvenile Probation, address this question in your paper.
100 pts Extra credit question: Are there any mentoring programs for juveniles in Yuma County? If not, who could start one?

100 pts Assignment #8: Review and improve Community Justice Board role-play. Download: CJB Role-play 3-25-08

Final Exam 500 (22% of grade)
Research report 1000 pts (43% of grade)

2300 pts possible

Grading will be 90-100% A
80-89 % B
70-79% C
60-69% D

Students whose total points equal a grade of A, will not have to
take the final exam.

Course policy

  • Retests/makeup tests

Final Exam may be made up if missed due to illness or personal emergency. The make-up exam will not be the same as the exam given in class.

  • Attendance. If class is missed, student is responsible for making up the reading and/or assignments missed.
  • Statement on plagiarism and cheating. Plagiarism and/or cheating will result in a failing grade.

University policies: See attached Safe Working and Learning Environment, Students with Disabilities, Institutional Review Board, and Academic Integrity policies.

LEARNING OBJECTIVES:

1. Challenge assumptions about crime, law & justice
2. Develop restorative problem solving abilities in the context of local criminal justice issues and programs.
3. Identify the great issues of our time in American criminal justice, discover how they are reflected in the lower Colorado River region, and consider whether and how restorative justice may be applied to them.
4. Engage students in acquiring practical knowledge of restorative justice principles.

METHODS:

Use of real world situations & problems in Yuma County.
Focus on Yuma County in context of national & global issues
Research projects
Observation of local criminal justice programs and processes
Role Playing
Classroom problem solving exercises
Written assignments due by next class
Final Exam

Overview of course structure:

First, we define Restorative Justice and learn how it contrasts with Retributive Justice.

Second, we focus upon the experiences, needs and legal rights of crime victims.

Third, we examine the effects upon defendants of the retributive justice system, especially incarceration.

Fourth, we show how victims and defendants may benefit from restorative justice interaction.

Finally, we will consider how Restorative Justice involves and benefits the community.

Throughout the course, we will include background information about the current criminal justice system, including vocabulary, procedures and laws.

_________________________________
January 15:

Talking Circle: Why I am taking this class.

Contrast Retributive Justice with Restorative Justice

RETRIBUTIVE JUSTICE:
What law was broken? What crime was committed?

Who “done” it?

What should the punishment be?

State vs. Individual (defendant)

Adversary system

RESTORATIVE JUSTICE:

What harm was done? Who was hurt & how?

How can the harm be repaired?

How can this be prevented from happening
again?

RJ involves victim, offender and community in a
healing, restorative process

Key participants: offender, victim, community

Unlike retributive justice, which is adversary, restorative justice emphasizes communication, cooperation and healing.

Retributive Justice:

Key participants: Judge, prosecutor & defense
attorney, defendant

Vocabulary:

Restorative Justice:
cooperation
communication
process

Retributive Justice:
Defendant
Defender
adversary
Public Defender
Legal Defender
conflict

It is a conflict of interest for the same defense attorney or the same defender’s office to represent more than one defendant in the same case. Therefore, each defendant in the case must be referred to a different attorney’s office. This is why we have a Public Defender’s Office, a Legal Defender’s Office and several private attorneys who handle “conflicts” under contract with the courts.
______________________________________
January 22:

Talking Circle: How did you learn right from wrong?

Restorative Justice asks, Who is responsible for repairing the harm caused by a criminal act?

Restorative Justice involves victims, offenders and community together.

Background:

The defendant in a felony case cannot plead guilty at his first court appearance. He/she must plead not guilty.

This makes it impossible for the offender to accept any responsibility early in the case. This also creates anger in victims who do not understand “why he is pleading not guilty when he did it”. This sets the stage for anger, frustration and resentment between offender and victim which may grow as the case progresses in the absence of any communication between them.

Every person arrested in Arizona must be brought before a judge within 24 hours. This is called an “Initial Appearance”. The County Attorney then has 48 hours from this “IA” to file a written Complaint. If no complaint is filed, the person must be released from custody. This places police under time pressure to complete written reports and prosecutors to make charging decisions, increasing the likelihood of errors and injustice. On the other hand, it may ensure that an innocent person does not languish unjustly behind bars. A solution might be to arrest only those who present a clear immediate danger to the public and summons those less violent or likely to flee. This is often done already.
________________________________________________
January 29:

Restorative Justice is a process that seeks to restore/repair harm caused by crime by involving victims, offenders and community, often through dialogue.

VICTIMS’ RIGHTS, NEEDS & SERVICES AVAILABLE

Guest Speaker:

Linda King, Victim Advocate from Yuma County Attorney’s Office:

Victims’ Rights were first enacted into law in California in 1985.

Arizona enacted Victims’ Rights laws in 1992.

Victims have the right to notice of court hearings. They do not have the right to speak in court except at certain hearings – release, change of plea and sentencing.

The County Attorney’s Office cannot assign an Advocate to help a victim until charges are filed. Advocates are not mandated by the Victims Rights laws.

Advocate speaks with the victim and assesses their needs. The Advocate helps the victim to understand the court system and helps the victim express their views in court. The Advocate helps the victim to connect with resources such as counseling.

The Victims Compensation Fund may pay for counseling and medical expenses of victims. It will not pay for property damaged or lost.

County Attorney’s Victim Advocates stay by the victims’ side in court to protect them from being harassed or intimidated by defendants or defendants’ families, supporters.

Typical emotional reactions of victims to crime:

Fear, loss of confidence, anger, don’t want to have anything to do with people or to go out, fear of retaliation from defendants, wondering whether they are going to get their property back or get restitution.

Vocabulary:

Restorative Justice:
Mediation
Reconciliation
Victim offender conferencing
Dialogue
Stigmatizing shame
Reintegrative shame
Restitution

Traditional and retributive justice:
Law
Justice
Retribution
Revenge
Arraignment
Initial Appearance

Example of 16 year old prosecuted and convicted as an adult for residential burglary. Victims told prosecutor in conference: “We just want someone to know how we feel.”

Defendants in court, if they are in custody, are not allowed to look at the victims but must stare straight ahead. They are not allowed to speak and are usually told by the Judge and their attorney not to say anything.

Victims make a statement to the court at plea and sentencing but they do not hear directly from the defendant. Their statement is made to the Judge who sits on high, on the “bench”, looking down at the courtroom.

Thinking assignment about how you would feel if you were the victim of a residential burglary.
___________________________________________________
February 5:

VICTIMS’ NEEDS & SERVICES AVAILABLE

Diane Umphress, Amberly’s Place:

Amberly’s Place (373-0849) is a non-profit center for child victims and adult victims of sex crimes or domestic violence.

Victims may call Amberly’s directly without reporting the crime. If the victim is an adult, Amberly’s will provide services without calling law enforcement. If the victim is a child, Amberly’s must notify police.

Amberly’s is not a shelter but a single location where victims receive services and referrals and evidence may be collected without embarrassment or humiliation.

Sexual assault/child molest medical exams and DNA evidence is collected by trained nurse practitioners who treat victims with respect and consideration. Victims no longer have to wait for hours, in public, without showering, in the Emergency Room at YRMC. At Amberlys, during the medical exam, supportive family members are allowed in the room. The nurse and her assistant may take photos with a colposcope and these photos may be sent to St. Joseph’s Hospital in Phoenix for a second opinion. There is a bathroom with a shower where victims can cleanse themselves after the exam.

Child Protective Services, Yuma Police Department and Yuma County Sheriff’s Office all have offices at Amberly’s. Crisis response advocates are there to help victims.

Police interview child victims in a sensitive and appropriate manner. Forensic interview of child: specially trained law enforcement officer interviews child in a way that does not suggest the answers, designed to get the facts without influencing the child. For this reason, no family members are allowed at this interview.

When the entire process is done and the child is about to leave, Amberly’s allows the child to choose a toy/activity bag and a quilt. Siblings also receive toys and activity bags. This is not done until all questioning of the child is over to avoid any misunderstanding that the child is being influenced. The child is allowed to choose their toy bag to help them regain their sense of power over their own lives, choice and self esteem.
All toys, activity bags, quilts, clothing and supplies for victims are donated.

Victims at Amberly’s Place are given clothing and basic supplies. They are helped to find safe shelter and services such as counseling.

Amberlys is a private non-profit organization which is funded by grants and donations.

Needs of victims:
Answers
Closure
Justice/Fairness
Apology
Restitution
Reconciliation
Reintegration
Express Feelings

Vocabulary:

Forensic interview

February 12: NO CLASS

February 19:

VICTIM/OFFENDER CONFERENCING

Role play-Restorative Justice conferencing with victim and offender.

Sometimes all we can do is allow the victims to express their feelings.

For offenders, accountability may mean at least understanding the harm. They may feel an obligation to repair the harm somehow. They may have an opportunity to seek forgiveness and be reintegrated into the community.

Current criminal justice system requires fact finding. This will always be important to ensure that the innocent are not prosecuted. Accurate fact finding must avoid feelings/emotions. A police detective once rightly observed, “Emotion is the true enemy of justice.”

To find the facts, we need police, prosecutor, defense attorney, judge and jury. The prosecutor and the defense attorney are pitted against each other in an adversary process with the goal that this will best enable the truth to emerge.

This adversary, fact finding process leaves out victims, offenders and the community who have feelings that should be addressed.

Restorative Justice allows for expression of feelings and healing of conflicts without any interference with the fact finding system. Restorative Justice is brought to bear after the accused has admitted to committing the offense. Victims are never forced to participate in a restorative justice process. The community has a voice in restorative justice.

SEPARATION OF POWERS – U.S. CONSTITUTION

1. Legislative (Congress, state legislature)
Makes the laws

2. Executive (President, Governors, governing boards, prosecutors, police, prisons, military)
Carries out the laws

3. Judicial branch (Judges, probation officers)
Applies and interprets the laws in
Individual cases.

Courts make rules of criminal procedure to
govern conduct of courts and executive such
as the Miranda ruling.

Each branch of government acts as a check on the power of the others and they balance each other. This keeps one branch from taking over. For example, the President cannot become a dictator, the police must follow the laws, etc.

CRIMINAL vs. CIVIL

1. Criminal
a. State v. Individual. A criminal statute is violated
b. Incarceration
c. Fines
d. Restitution

2. Civil
a. Individual or Legal Entity vs
Individual/Legal Entity:
Lawsuit, dissolution of marriage, disputes
between private parties
b. Money damages
1) Compensatory damages
2) Punitive damages
3) Court orders re: behaviors/property
3. Historically, civil & criminal were not always so
clearly separated.
a. Medieval & Roman times:
1) Perpetrators paid compensation to
victims of serious crime
b. England & America
1) Victims could “prosecute”
2) Debtors’ prison
4. Criminal & Civil actions
a. May apply to the same conduct (you may be acquitted of the criminal charge of murder but sued in a civil court by the victim’s family for “wrongful death”.
b. May take place concurrently – ongoing at same time
5. Both Criminal & Civil justice:
a. Adversary
b. Reactive

Vocabulary:

checks and balances (separation of powers)
dispute
Drug Paraphernalia
Statute
_________________________________________________________
Feb. 26:

DEFENDANTS:

Guest Speaker: [Name withheld for privacy], convicted multiple felon, recently released from prison and currently on intensive probation.

Prison gangs. “If you are a Skinhead, you are automatically a Wood when you enter prison.”

Racial divisions: Woods or Aryan Brotherhood, Mexicans, Chiefs and blacks.

Violence: showed class the scars where he got stabbed in the neck with a piece of steel during a prison riot. Before the riot, “a dead silence comes over 400 people. The older people have to stay in the back. The others protect them…. The whites, the Mexicans and the Chiefs” were fighting. “The blacks got over in the corner because everybody attacks them.” “You have to stay within arms length of each other to protect each other. I saw an old man go down and I got too far away trying to protect him.” He explained how younger gang members protect older ones.

The riot “all started over a pair of shoes. A Chief owed a white boy a pair of shoes for some dope.”

“I got my first ‘bolts’ {lightening bolts tattoo} because of this riot.

He claimed not to have been sexually assaulted because the “perverts are all in PC – that’s the kind of stuff that happens in PC.” [Our speaker was a young man of very strong, muscular appearance who appeared capable of defending himself well.]

Post-traumatic stress: “I still don’t sleep well – I’m ready for whatever.”

“I don’t like going to WalMart-being around all those people in crowds.”

[Professor’s note: these symptoms also exist in war veterans suffering from PTSD – though our speaker did not mention PTSD and seemed to have no awareness that he was suffering from it – perhaps indicative that he is not getting adequate therapy.]

Difficulty in adjusting to life outside: In prison, “people respect each other more. Outside, if a guy is rude, you just have to stand and take it. Inside, if a guy steps on your shoe, you make him eat it.”

On the day I was released, I was nervous and scared.

Hopelessness:
“Once you’re there, you think the worst of everything. You get to where you don’t care. You think you’ll never get out.”

Solitary Confinement: He was a discipline problem so he got the “Hole”. That means solitary with nothing to read, no TV, and the lights on 24 hours a day.

What did he learn in prison: how to make tattoos. I used my Walkman motor to make tattoos. You burn grease and mix it with shampoo to make ink.

Drugs available in prison: He describes how marijuana and heroin could be bought. “My people on the outside pay your people on the outside and then someone smuggles it in to you and you give it to me.”

Poor medical care, bad sanitation and disease:

The Dakota unit here (Yuma) was horrible. We could only shower 3 days a week and staph sores were rampant.

Public stigma of prison record: While in class, we went online to the Arizona Department of Corrections website and looked up his prison record, including his entire disciplinary record. All you need is a last name. He explained how this is one of the ways the inmates identify sex offenders.

Sex offenders in prison are universally hated and preyed upon by all prisoners. They end up in PC – protective custody. Nobody wants PC because it is full of perverts and once in PC, always in PC.

Background: The difference between jail and prison.

Jail: 1. Persons accused of crime but not yet found guilty (presumed innocent)
2. Persons convicted of misdemeanor crimes (lesser offenses)
3. Persons on probation serving jail time as a condition of probation or a Drug Court
Sanction
4. Persons sentenced to prison but not yet transported
5. Some jails hold federal prisoners temporarily under a contract between the locality
and the federal government.

Jails are run by local jurisdictions such as counties or cities.

Prison: Persons convicted of felony crimes
Prisons are run by states or the federal government.

Vocabulary:

felony
misdemeanor
resilience.
Sanction
__________________________________________________
March 4:

PRISONS IN THE UNITED STATES

1 in 100 adults in USA now in jail or prison.

We have more people in prison than any other country in the world, including Russia and China.

1 in 30 men between age of 20 and 34 behind bars.

1 in 54 of all men ages 18 or olders.

1 in 9 black males.

Arizona had the highest growth in numbers of prisoners of all of the western states.

In 2005, the average per prisoner operating cost per year was $23,876.00

In 2005, the approximate capital expense per bed in a typical medium security facility was $65,000.

The state spending the most money last year (2007) on a corrections system was California, totaling 8.8 billion dollars.

Texas ranks a distant second at 3.3 billion dollars.

Health care costs affect this more than any other category.
Yet better health care in prisons is essential to prevent the spread of diseases such as TB, HIV, Hep C and others that spread in prison and then are let loose upon the general population.

Older prisoners cost more at an average cost of $70,000 per year – 2 to 3 times that of a younger person.

Untreated mental illness gets worse in prison.

Segregation-locking up dangerous or vulnerable persons for 23-24 hours a day, every day, alone, in constantly bright or dim spaces with little or no human contact, for years and then… released..

There is evidence that segregation causes violence between staff and prisoners.

Security and control are a necessity in prison but cannot be achieved without dignity and respect.

We must open prisons and jails to public oversight.

Prisons are struggling to keep qualified staff. Overtime cost is one of the biggest costs. There is a heavy psychological toll on prison staff.

“Corrections” had the second highest rate of growth of state funds spent in FY 2006 – only transportation grew faster. Corrections grew more than education and Medicaid.

In the West, the # of dollars allocated to prisons rose 205% while higher education spending rose just 28%.

“Policy choices, more than population growth … and other factors determine the # of people behind bars. Policy makers largely control the levers that govern who goes in and when they go out. In short, they control their own fiscal destiny.”

Two (2) ways that states are saving:

1. Diversion of low risk offenders away from prison to
less costly alternatives.

2. “Use of a variety of intermediate sanctions” for
parolees and probationers who violate the
conditions of their release.

More than ½ of released offenders are back in prison within 3 years, either for new crime or violating the terms of their release.

Effect upon prisoners:
1. Schools for crime
2. Physical and psychological damage
3. Mentally impaired prisoners
4. Prison Gangs
5. Drug abuse in prisons

Effect upon society:
Releases people back into society who are
more likely to commit crimes than when they went to prison:

a. Having suffered through fear, brutality and solitary confinement, they are often psychologically damaged by Post-Traumatic Stress and have learned how to be brutal and violent.

b. They have learned more about how to commit crimes than they knew before imprisonment.

c. They have been forced to join prison gangs that maintain power and control over them when they get out.

d. They leave prison handicapped by lack of
skills, low self-esteem and a criminal
record so that they have difficulty finding
jobs and a place to live.

b. Restorative Justice and Prisons
1. Victim/Offender conferencing
2. Prisoner programs to assist victims
3. Re-Entry
a) Preparation
b) Programs after release

Statistics from PEW report: One in 100: Behind Bars in America 2008, conducted and published by The Pew Center on the States, available online.

GANGS:

Organized Crime:
Examples:
Mafia
International drug and human trafficking
Motorcycle gangs – often educated,
infiltrate legitimate organizations

Criminal Street Gangs:
Examples:
Crips & Bloods
Yuma: Okietown
Eastside Naked City
Westside
Hollywood
San Luis and Somerton Gangs

Prison Gangs:
Examples:
La Eme (Mexican Mafia)
AB (Aryan Brotherhood)
Referred to by prison authorities as STGs (Security Threat Groups)

Taggers

Local resources not sufficient to fight organized crime.

Prison gangs reach out beyond prison walls – example: extortion of families of prisoners.

Arizona statutory definitions of CRIMINAL STREET GANG and CRIMINAL STREET GANG MEMBER:

ARS 13-105(7):

“‘Criminal street gang’ means an ongoing formal or informal association of persons whose members or associates individually or collectively engage in the commission, attempted commission, facilitation or solicitation of any felony act and that has at least one individual who is a criminal street gang member.”

13-105(8):

“‘Criminal street gang member’ means an individual to whom two of the following seven criteria that indicate criminal street gang membership apply:
(a) Self-proclamation
(b) Witness testimony or official statement
(c) Written or electronic correspondence
(d) Paraphernalia or photography
(e) Tattoos.
(f) Clothing or colors.
(g) Any other indicia of street gang membership.”

A criminal street gang has members who commit felony crimes. A group is not a criminal street gang unless they commit crimes.

Examples of offenses of Yuma gangs: shots fired, drive-by shootings, drug sales, threats and homicide.

The average gang member nationwide is a young male, age 12-21, in poor central areas of cities. Gangs vary as to ethnicity and race.
How do we reduce gang activity?

Intervene early with kids when they are first getting involved with gangs. Give them something to do than be in a gang. Meet their needs for self-esteem, protection and a sense of belonging.

Kids who get into gangs have multiple problems – dysfunctional family, school problems, drugs, etc.

We must offer a full spectrum of services to help the child and family with their problems.

March 11:

Guest Speaker: Criminal Defense Attorney Maria Elena Cruz.

Vocabulary:

advocacy
due process
probable cause
beyond a reasonable doubt
infringed

American criminal justice system:

adversary system

State vs. Defendant

The ethical duty of the prosecutor is to seek justice.

What is the duty of the criminal defense attorney?

Being a prosecutor and a defense attorney is completely different.
Victims are not the clients of the prosecutor.
As a defense attorney, you are looking out for that individual (the defendant).
You are serving the community as a whole but in a different way.
The duty of the defense attorney is to ensure that due process is followed and the defendant’s rights are not infringed. The defense attorney must hold the state to its burden of proof beyond a reasonable doubt.

Criminal justice system:
(1) Determination of guilt. Did this person commit the offense?
(2) If so, what do we do with this person?

Timeline:

–Event (offense)
–Police investigation/report
–Review of reports by prosecutor (Yuma County Attorney or City
Prosecutor)
–Charging decision
–Determination of Probable Cause (Preliminary Hearing in Justice
Court or Grand Jury)
–Superior Court Arraignment (Defendant pleads not guilty & hearing
dates set)
–Plea or trial
–Sentencing

Most defendants “just didn’t think it through” according to Ms. Cruz.

This is where Restorative Justice can help defendants to understand what they did, how it caused harm and how to make it right and keep from doing it again.
___________________________________
March 18: No class. Spring Break.
___________________________________
March 25:

Involving the community in Restorative Justice:

Role plays showing restorative justice for juveniles using Community Justice Boards

“Joseph Play”: Symbolic representation of restorative justice for a child

Role play demonstration of Community Justice Board.

Vocabulary:

unique
_________________________________________________________
April 1:

MENTALLY IMPAIRED OFFENDERS

Guest speaker Lt. David Reyes, head of Yuma County Sheriff’s Detention Center

28 percent (28%) of prisoners in Yuma County Jail are on psychiatric medication due to documented mental illness.

Common “offenses” of mentally ill persons are Resisting Arrest and Aggravated Assault on Law Enforcement Officer.
The mentally ill person does not understand what is going on and perceives the officer as a threat.
Other typical offenses of mentally ill persons are Disorderly Conduct and Trespass.

The expense of housing a prisoner in the Yuma County Jail is $78.00 per day for a healthy prisoner.

Yuma County has a multi-agency task force that meets monthly to work on problems of Mentally Impaired Offenders. This is the OMI Task Force which anyone in the community is welcome to join. This group meets at the Yuma County Sheriff’s Office, at noon, on the second Tuesday of every month.

Other mental impairments besides mental illness are:

Brain damage from accident or drug abuse or prenatal injury
due to mother’s alcohol or drug use.
Developmental Disability (low IQ)

Inmates suffering from developmental disability must be protected from abuse by other prisoners.

The five categories of mental illness are:
1. Psychotic (loses touch with reality)
2. Mood (severe mood changes – major depression, manic depression, bipolar)
3. Anxiety (phobias, overwhelming internal conflicts & fears)
4. Personality (PTSD, Paranoid, Antisocial personality – seem unable to learn from experience)
5. Organic (Alzheimers, brain damage from drugs or alcohol)

It is important for detention staff who deal with mentally ill persons to behave in a comforting manner, which is professional, firm and forceful but not threatening, angry or frightening.

Staff should be sympathetic and helpful.

Watch carefully for suicidal behavior. It is a myth that people who talk about suicide won’t do it.

Restorative programs in jail:

The Sheriff’s Office has just received a 3 year grant for restorative programs for prisoners. Unfortunately this grant is limited to “nonviolent” prisoners and this excludes many mentally impaired defendants who may have gotten in struggle with police and been charged with Aggravated Assault.

The Sheriff’s Office has a Get It Right Program that teaches basic life skills to prisoners by allowing them to be trained in the print shop and to earn a culinary arts certificate.

_________________________________________________
April 8:

RESTORATIVE JUSTICE FOR OFFENDERS AND THE COMMUNITY

PROBLEM SOLVING COURTS: DRUG COURT

Guest Speaker: Associate Presiding Judge Mark Reeves, Superior Court of Yuma County

Most people who come before him as a Judge, in criminal cases, have drug and/or alcohol problems.

Staying sober is harder than getting sober.

Many drug addicts do not have drivers licenses
Many have had their children taken away

They must learn to be self-sufficient. In Drug Court, they learn a whole new set of skills, a new way of life.

We must remember that people who are in prison or on probation must come back into society.

Drug Court has 2 “Tracks”: Pre-Conviction (before conviction)
Post-Conviction

If a person in Pre-Conviction DC successfully completes the program, their charges are dismissed. Pre-Conviction Drug Court is only available to people who have no prior felony convictions.

Drug Court lasts at least one and ½ years. There is one year until graduation and then 6 months aftercare.

Drug Court participants must attend NA, AA meetings, do community service, submit to random drug and alcohol testing, stay away from all drugs or alcohol. They may not even set foot in a bar.

Drug Court participants help each other, like a big family. The DC probation officers and counselors are very dedicated and caring. The DC participants learn to have trust in others.

Eventually we would like to have a Mental Health Court. Many drug abusers have “cor-occurring mental disorders”. They may be taking meth to mask or help them cope with a mental health problem (which the drugs only worsen) or they may develop mental health problems from the brain damage of drug abuse.

Maricopa and other large counties have specialty courts such as Mental Health Court and DUI Court.

Judge Reeves’ Drug Court takes place every Monday at 3:00 pm in his courtroom. He starts with the people who are “problems”. They may have tested dirty, used alcohol, missed a UA, etc.

Then he calls up the “Superstars” who have been doing extremely well – jobs, sponsors, and more.

Many Drug Court participants go through the Crossroads Mission residential drug treatment program which is excellent. We don’t know what we would do without Crossroads.

Per Judge Reeves, the “real heroes” in Drug Court are the counselors, probation officers and Crossroads.

A person gets screened for Drug Court if they are referred by: their defense attorney, their probation officer or by the Judge on their case.

They undergo a thorough screening before the Drug Court Team decides whether to recommend their acceptance. If the Team recommends Acceptance, the Drug Court Judge makes the final decision on whether to accept them.

__________________________________________
April 15:

RESTORATIVE ALTERNATIVES TO PRISON:

ADULT PROBATION:

Guest Speaker: Probation Officer Dennis Sevier

The speaker has a Bachelor in Criminal Justice from ASU and an online Masters in Criminal Justice Administration from University of Cincinnati. His employment before becoming an Adult Probation Officer was as security in a retail establishment.

Many of the conditions of probation are simply what any law-abiding person should do such as not breaking laws.

Probationers lose certain rights. Their homes may be searched without a search warrant or consent by their probation officer.

The probation officer has 2 goals:

1. Enforce the terms and conditions of probation to protect public safety.
2. To help the probationers.

“We’re not out to get people.”

Probation as different levels of supervision. Intensive probation is like house arrest and you cannot leave unless previously scheduled with your probation officer.

There may be electronic monitoring where a person wears an “ankle bracelet” that sends a signal if they go outside of a certain area. This bracelet also has an alcohol sensor.

Some probationers may be sent to live at the Transitional Living Center or to treatment programs at Excel.

Some are sent to Drug Court which is a restorative program. Throughout the nation, Drug Courts are very successful.

Probationers are required to do community service such as grafitti abatement and helping at the Crossroads Mission or the Salvation Army.

Adult probation has a “community restitution” program. This give probationers meaningful community service that helps them and the community.

Regarding restitution payments and probation fees, those on Standard Probation simply make their payments to Adult Probation. If you fail to make payments or are on Intensive Probation, you must turn over your entire paycheck to Probation. Your required payments are taken out and then Probation gives you a check for the remainder. This can be very inconvenient since you may turn in your paycheck on Friday and not get any money until Monday afternoon.

The probation officer is a resource for his probationers. The Adult Probation Department has a “job bank” with a list of employers who will hire people with felony convictions on probation.

A probationer in jail may be give “work furlough” so that he can work during the day and return to jail at night.

We are looking for behavior change.

We use many techniques. One is “motivational interviewing”. This a way of talking with people to help them to figure out how to fix their problems on their own and to move toward change.

Motivational interviewing creates/develops a discrepancy between what the person is doing and what is most important to them. The interviewer seeks to create internal conflict-leading the probationer to realize that if they care about their family, then using drugs is contrary to this.

Motivational interviewing is respect driven. If you give respect, you will get respect.

People respond better to praise and positive reinforcement than to negative reinforcement.

A large number of probationers’ problems are due to drugs.

Probation officers use “evidence based principles”. This means that they try to get people the right resources all the time. They want to have the right person in the right place with the right people. For example, a woman probationer who is a domestic violence victim should not be in group therapy in an all male group. People with drug problems should be in drug programs that have been proven effective.

The probation officer targets high risk persons for intervention. This means that if guy is doing OK, let him alone.

The probation officer helps the defendant to build “pro-social support systems”. If you are spending your time with the right people, there is less chance of being in the wrong place at the wrong time and a better chance of making right decisions.

If a probationer does not respond to a particular program, they will be removed. It is a waste of time and money to keep a person in a program that they are not responding to.

The State caps the caseload for Intensive Probation at 25 probationers per officer.

Officers with probationers who are low risk may have 70-80 people on a Standard Probation caseload. If the officer has higher risk probationers, the case load is lower.

Hand-outs: Field Re-Assessment Offender Screening Tool Graph
Frost-Field Re-Assessment of the Offender Screening Tool
Uniform Conditions of Supervised Probation

Vocabulary:

assessment
discrepancy
motivation
positive reinforcement
negative reinforcement
technique

APRIL 22:

RESTORATIVE JUSTICE and DOMESTIC VIOLENCE

Characteristics of DV Victims and Offenders

DV Court

Guest Speaker: Teri Lambert, formerly Domestic Violence Paralegal for Yuma County Attorney’s Office and organizer of Yuma County’s Domestic Violence Court.
__________________________________________________
April 29: REVIEW FOR FINAL EXAM

___________________________________________________
May 6: FINAL EXAM

NORTHERN ARIZONA UNIVERSITY
POLICY STATEMENTS

SAFE ENVIRONMENT POLICY
NAU’s Safe Working and Learning Environment Policy seeks to prohibit discrimination and promote the safety of all individuals within the university. The goal of this policy is to prevent the occurrence of discrimination on the basis of sex, race, color, age, national origin, religion, sexual orientation, disability, or veteran status and to prevent sexual harassment, sexual assault or retaliation by anyone at this university.

You may obtain a copy of this policy from the college dean’s office. If you have concerns about this policy, it is important that you contact the departmental chair, dean’s office, the Office of Student Life (928-523-5181), the academic ombudsperson (928-523-9368), or NAU’s Office of Affirmative Action (928-523-3312).

STUDENTS WITH DISABILITIES
If you have a documented disability, you can arrange for accommodations by contacting the office of Disability Support Services (DSS) at 928-523-8773 (voice), 928-523-6906 (TTY). In order for your individual needs to be met, you are required to provide DSS with disability related documentation and are encouraged to provide it at least eight weeks prior to the time you wish to receive accommodations. You must register with DSS each semester you are enrolled at NAU and wish to use accommodations.

Faculty are not authorized to provide a student with disability related accommodations without prior approval from DSS. Students who have registered with DSS are encouraged to notify their instructors a minimum of two weeks in advance to ensure accommodations. Otherwise, the provision of accommodations may be delayed.

Concerns or questions regarding disability related accommodations can be brought to the attention of DSS or the Affirmative Action Office.

INSTITUTIONAL REVIEW BOARD
Any study involving observation of or interaction with human subjects that originates at NAU-including a course project, report, or research paper-must be reviewed and approved by the Institutional Review Board (IRB) for the protection of human subjects in research and research-related activities.

The IRB meets once each month. Proposals must be submitted for review at least fifteen working days before the monthly meeting. You should consult with your course instructor early in the course to ascertain if your project needs to be reviewed by the IRB and/or to secure information or appropriate forms and procedures for the IRB review. Your instructor and department chair or college dean must sign the application for approval by the IRB. The IRB categorizes projects into three levels depending on the nature of the project: exempt from further review, expedited review, or full board review. If the IRB certifies that a project is exempt from further review, you need not resubmit the project for continuing IRB review as long as there are no modifications in the exempted procedures.

A copy of the IRB Policy and Procedures Manual is available in each department’s administrative office and each college dean’s office. If you have questions, please contact 928-523-8288.

ACADEMIC INTEGRITY
The university takes an extremely serious view of violations of academic integrity. As members of the academic community, NAU’s administration, faculty, staff and students are dedicated to promoting an atmosphere of honesty and are committed to maintaining the academic integrity essential to the education process. Inherent in this commitment is the belief that academic dishonesty in all forms violates the basic principles of integrity and impedes learning. Students are therefore responsible for conducting themselves in an academically honest manner.

Individual students and faculty members are responsible for identifying instances of academic dishonesty. Faculty members then recommend penalties to the department chair or college dean in keeping with the severity of the violation. The complete policy on academic integrity is in Appendix G of NAU’s Student Handbook.

ACADEMIC CONTACT HOUR POLICY
The Arizona Board of Regents Academic Contact Hour Policy (ABOR Handbook, 2-206, Academic Credit) states: “an hour of work is the equivalent of 50 minutes of class time…at least 15 contact hours or recitation, lecture, discussion, testing or evaluation, seminar, or colloquium as well as a minimum of 30 hours of student homework is required for each unit of credit.”

The reasonable interpretation of this policy is that for every credit hour, a student should expect, on average, to do a minimum of two additional hours of work per week; e.g., preparation, homework, studying.

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