B.S.

Criminology THERAPEUTIC
MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES
1.5 Hours

Did you know that aside

from the treatments that are

being offered for the

rehabilitation of criminal

offenders, there is actually a

program where we also seek

to repair the harm that has

been done to the victim?

Photo Credit: Youtube

Inform Learners of objectives

At the end of this module, you should be able to:

Cognitive:
1. Understand the history, basic concepts, and components of Restorative
Justice. 2. Learn the social structure and physical environment of Restorative
Justice.

Affective:
1. Clarify the terminologies used in Restorative Justice.

Psychomotor:
1. Recognize the effects of Restorative Justice as a rehabilitation program.
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B.S. Criminology THERAPEUTIC

MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES

Stimulate Recall of Prior Learning (10minutes)

Fun test: The purpose of this test is to check what you know and what you don't know about
CORRECTION. There is no correct answer for these questions but this will help you expand your
knowledge about Correctional Administration.

Please try to answer the following

questions:

1. What is your idea about Restorative

Justice?

2. What do you think will be the effect

on
the criminal offender if he is given a
chance to talk to the victim?

3. Do you think Restorative Justice will

give peace to both the offender and
victim?

RESTORATIVE JUSTICE

Restorative Justice is a process through which remorseful offenders accept responsibility for
their misconduct, particularly to their victims and to the community. It creates an obligation to make
things right through proactive involvement of victims, ownership of the offender of the crime and
the community in search for solutions which promote repair, reconciliation and reassurance.

Thus, the restorative justice process is actively participated in by the victim, the offender, and/or
any individual or community member affected by the crime to resolve conflicts resulting from the criminal
offense, often with the help of a fair and impartial third party. Examples of restorative processes
include mediation, conferencing, sentencing/support circle and the like. The restorative outcome is the
agreement obtained as a product of a restorative justice process. Examples of restorative outcomes
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B.S. Criminology THERAPEUTIC

MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES
include restitution, community work service and any other program or response designed to
accomplish reparation of the victim, and the reintegration of the victims and/or offenders.

HOW WAS RESTORATIVE JUSTICE ADOPTED IN THE PHILIPPINES?

The Commission on Crime Prevention and Criminal Justice, of which the Philippines is a member-
country, through a draft resolution, recommended to the Economic and Social Council of the United
Nations Organization (UNO), the adoption of the “Basic Principles on the Use of Restorative Justice
Programmes in Criminal Matters”. The said document is a formulation of the UN Standard in the field of
mediation and restorative justice. The Philippines, being a signatory member-country should ensure
adoption of this resolution.

Consequently, the goal of the government is to establish a more enlightened and humane
correctional system that will promote the reformation of offenders and thereby reduce the incidence of
recidivism. This is in line with the applicable laws, rules, and policies mandating this Agency to
administer the Parole and Probation System in the country. As such, the Parole and Probation
Administration (PPA) is empowered to create innovative policies, programs, and activities to facilitate the
reintegration of its clientele into the mainstream of society and consequently prevent the commission of
crime. Therefore, PPA adopts Restorative Justice as one of its rehabilitation programs which utilizes
restorative processes and aims to achieve restorative outcomes.

WHAT ARE THE EFFECTS OF RESTORATIVE JUSTICE AS A REHABILITATION PROGRAM OF

PPA?
1. Reintegration of the offenders to the social mainstream and encouraging them to assume active
responsibility for the injuries inflicted to the victims;

2. Proactive involvement of the community to support and assist in the rehabilitation of victims and
offenders;

3. Attention to the needs of the victims, survivors and other persons affected by the crime as
participating stakeholders in the criminal justice system, rather than mere objects or passive
recipients of services of intervention that may be unwanted, inappropriate or ineffective; 4. Healing
the effects of the crime or wrongdoing suffered by the respective stakeholders; and

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B.S. Criminology THERAPEUTIC

MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES
5. Prevention of further commission of crime and delinquency.

HOW IS RESTORATIVE JUSTICE IMPLEMENTED IN PPA?

A. During the Investigation Stage

Information such as victims’

version of
the offense, effect of victimization to their
lives,
families, future, and plans, and victims’
appreciation on how the damage/harm
inflicted
by the crime can be repaired and healed
are
gathered to serve as input in the post-sentence
investigation (PSI) or pre-parole/executive
clemency investigation (PPI) reports prepared
by the investigating officer to be submitted to the Court and the Board of Pardons and Parole,
respectively. These data are vital in the conduct of restorative justice processes during the supervision
phase. Photo Credit: Edutopia

Soliciting stakeholders’ interest for their introduction to the restorative process commences
during this stage.

B. During the Supervision Stage

Restorative Justice Program is a part of the rehabilitation of the client which is incorporated in
the client’s Supervision Treatment Plan (STP). In applying the various restorative justice processes for
the client’s rehabilitation, the supervising officer observes the following points:

The parties are brought within the program out of their own volition. Parties have the right to seek
legal advice before and after the restorative justice process;
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B.S. Criminology THERAPEUTIC

MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES
Before agreeing to participate in the restorative justice process, the parties are fully informed of
their rights, the nature of the process, and the possible consequences of their decision;

Neither the victim nor the offender is induced by unfair means to participate in restorative justice
processes or outcomes;

Discussion in restorative justice processes should be highly confidential and should not be
disclosed subsequently, except with the consent of the parties, and should not be used against the
parties involved;

Where no agreement can be made between the parties, the case is withdrawn from the
restorative justice process; and

In the event agreement is reached by parties, it is put in writing to give substance/essence to the
agreement. The failure to implement any provision of the agreement made in the course of the
restorative justice process is a basis for the withdrawal of the case from the program.

Elicit Performance (10 minutes)

Directions: Read each statement below carefully. Place a T on the line if you
think a statement is TRUE. Place an F on the line if you think the statement is
FALSE.

_____________1. Restorative Justice is a process through which remorseful

offenders accept responsibility for their misconduct, particularly to their victims
and to the community.
_____________2. Restorative outcomes include mediation, conferencing,
sentencing/support circle.
_____________3. Restorative processes include restitution, community work
service and any other program or response designed to accomplish reparation
of the victim, and the reintegration of the victims and/or offenders..
_____________4. In Restorative Justice it is necessary to know the effect of
crime to the victim’s life.
_____________5. BPP adopts Restorative Justice as one of its rehabilitation
programs which utilizes restorative processes and aims to achieve restorative
outcomes.
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B.S. Criminology THERAPEUTIC

MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES

WHAT ARE THE ROLES OF THE PROBATION AND PAROLE OFFICERS IN THE
IMPLEMENTATION OF RESTORATIVE JUSTICE?

A Probation and Parole Officer assigned to handle investigation and supervision caseloads acts
as restorative justice planner. As such, he/she undertakes the following responsibilities:

1. Identifies and recommends to the Chief Probation and Parole Officer (CPPO) potential case for
Peacemaking Encounter;

2. Conducts dialogue to explore the possibility of restorative justice process;

3. Coordinates/collaborates with responsible members and leaders of community for their
participation in the conference;

4. Serves as facilitator-strength in the conference;

5. Assists in healing process of stakeholders based on the Supervision Treatment Plan; and
6. Prepares casenotes reflective of restorative justice values and utilizing the following points:
7. Impact of crime and effect of victimization

8. Victim inputs and involvement opportunities

9. Offender opportunity to take direct responsibility for the harm inflicted on the victim and/or the
community.

A CPPO engages in the following responsibilities:

1. Approves cases for Peace Encounter Conference and issues office orders; and 2. Implements and
monitors plans and agreements achieved during the conference and sets direction to realize success
of the process.

WHAT ARE THE PROCEDURAL SAFEGUARDS TO BE OBSERVED IN APPLYING THE

RESTORATIVE JUSTICE PROCESSES TO RESOLVE CONFLICTS ARISING FROM THE CRIMINAL
OFFENSE?

The clients must admit the offense to be eligible for the conference, and if possible, they should be
encouraged to take full responsibility;
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B.S. Criminology THERAPEUTIC

MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES
A personal visit by the Restorative Justice planner may be necessary to solicit interest and
willingness of stakeholders to participate in the restorative process;

The victims’ preference for the time, date and place of the meeting should be given greatest
weight;

Restorative Justice planners should also get in touch with community strengths to serve as
facilitator like local officials, members of the Lupon Tagapamayapa or any responsible and respected
personalities in the locality;

A pre-conference meeting with the selected facilitators prior to the actual conduct of peace
encounter conference should be set to carefully plan for all the details, from the sitting arrangements and
refreshments to the box of tissue papers which incidentally would let participants know that display of
emotions is okay;

A pre-conference meeting could likewise be arranged separately with individual stakeholders to

explain the process and other vital details of the conference;

The Restorative Justice planner should ensure that everyone knows how to get to the location site
of the conference;

Facilitators should ensure that the conference shall be conducted without interruption in a
comfortable location and shall secure the safety of all stakeholders;

Stakeholders shall also be consulted relative to the composition of the panel of facilitators. Any
party may move to oppose the inclusion of persons by reason of relationship, bias, interest or other
similar grounds that may adversely affect the process; and

Indigenous systems of settling differences or disputes shall accordingly be recognized and utilized
to conform with the customs and tradition of that particular cultural community.

WHAT ARE THE RESTORATIVE JUSTICE MODELS THAT CAN BE APPLIED IN PPA?
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B.S. Criminology THERAPEUTIC

MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES
Peacemaking Encounter

Peacemaking Encounter is a community-based gathering that brings the victim, the victimized
community, and the offender together. It supports the healing process of the victims by providing a safe
and controlled setting for them to meet and speak with the offender on a confidential and strictly
voluntary basis. It also allows the offender to learn about the impact of the crime to the victim and his/her
family, and to take direct responsibility for his/her behavior. Likewise, it provides a chance for the victim
and the offender to forge a mutually acceptable plan that addresses the harm caused by the crime.

As a community-based decision model, the Agency Peacemaking Encounter is being implemented

through the following processes:

1. Victim/Offender Mediation – a process that provides an interested victim an opportunity to meet

face-to-face his/her offender in a secured and structured setting or atmosphere, with the help of a
trained mediator, and engage in a discussion of the past offense and its impact to his/her life. Its
goal is to support the healing process of the victim and allow the offender to learn the impact of
his/her offense on the victim’s physical, emotional and financial existence, and take direct
responsibility for his/her behavior by mutually developing a Restorative Justice plan that
addresses the harm caused by the said offense.

2. Conferencing – a process which involves a community of people most affected by the crime – the
victim and the offender and their families, the affected community members and trained facilitators
and community strength – in a restorative discussion of issues and problems arising from an
offense or coincidence which affects community relationship and tranquillity. Facilitated by a
trained facilitator, the above parties are gathered at their own volition to discuss how they and
others have been harmed by the offense or conflict, and how that harm may be repaired and
broken relationship may be restored.

3. Circle of Support – a community directed process organized by the field office and participated in
by the clients, the Volunteer Probation Aides (VPAs) and selected members of the community in
the discussion of the offense and its impact. Within the circle, people freely speak from the heart

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B.S. Criminology THERAPEUTIC

MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES
in a shared search for understanding the incident, and together identify the steps necessary to
assist in the reconciliation and healing of all affected parties and prevent future crime or conflict.

In the Agency, the circle of support is facilitated by trained Probation and Parole Officers,
Volunteer Probation Aides or selected community leaders who offered their services free of charge to
serve as facilitator or keeper.

In implementing this process, the probation and parole officer should be the facilitator who is
sensitive to the needs of the victim. Likewise, the probation and parole officer should exert effort to
protect the safety and interest of the victim.

WHAT ARE THE OUTCOMES OR INTERVENTIONS WHICH CAN BE AGREED UPON DURING THE
RESTORATIVE JUSTICE PROCESS?

As a result of the restorative justice process, the following outcomes or interventions may be
agreed upon by parties in a Restorative Justice discussion, such as, but not limited to:

A. Restitution

Restitution is a process upon which the offender accepts accountability for the financial and/or non-
financial losses he/she may have caused to the victim. Restitution is a “core” victim’s right which is very
crucial in assisting the redirection of the victim’s life. Part of the conditions of probation as imposed by
the Court is the payment of civil liability to indemnify the victim of the offender, and to inculcate to the
offender a sense of responsibility and obligation towards the community.

Consequently, the probation and parole officer should see to it that the offender complies with this
condition.

B. Community Work Service

Community Work Service, whether imposed as a condition of the offender's conditional liberty or an
integral part of his treatment plan, should be purposely motivated to make the offender realize that

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B.S. Criminology THERAPEUTIC

MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES
he/she incurred an obligation to make things right. In its application, the offender can be subjected to
perform work service measures, including, but not limited to any of the following:

1. Mentoring and Intergenerational Service – offenders will develop their nurturing needs thru caring
for other people; example: with senior citizens, with orphanages, or with street children. 2. Economic
Development – to link directly with the business project; examples: cleaning downtown area, tree
planting, maintenance of business zones, housing restoration, garbage and waste management,
cleaning of esteros, recycling, construction, repair of streets, and the like. 3. Citizenship and Civic
participation-experiential activities which involve solving community problems; examples: puppet
shows that showcase values, street dramas, peer counseling. 4. Helping the Disadvantaged – this will
enhance offender’s self esteem; examples: assist handicapped, assist in soup kitchen, tutor peers,
visit the aged in jail and hospitals. 5. Crime Prevention Project – examples: Brgy. Ronda, giving
testimony to the youth.

The probation and parole officer should ensure the adoption of these community work services to
facilitate the reintegration of the offender in the community.

C. Counseling (whether individual, group or family)

It will enhance a client's interpersonal relationship and it will help him/her become more aware of his/her
shortcomings/weaknesses. This will also help him/her overcome painful experiences that drove him/her
to commit a crime/ offense.

D. Attendance to trainings, seminars and lectures

E. Participation in education, vocation or life skills program

F. Group Therapy Session

An intervention which provides recovering drug dependents or those with serious behavioral problems
an opportunity to discuss their problems.

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B.S. Criminology THERAPEUTIC

MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES
G. Spiritual development session/faith-based session

H. Submission to psychological/psychiatric assessment

I . Submission to drug test/drug dependency examination

J. Attendance to skills training/livelihood assistance program

K. Marital enhancement program

L. Written or oral apology

M. Submission to family therapy session

This session aims to develop healthy personal relationships within the family and to establish open
positive communication between family members and significant others. Family members should be
oriented in their individual responsibilities and roles.

N. Confinement in Drug Treatment Rehabilitation Center Including Aftercare

Elicit Performance (10 minutes)
Directions: Please identify the following questions and write the correct
answer on the blank space provided before the number.

_____________1. It refers to a community-based model of RJ that brings the victim,

the victimized community, and the offender together.
_____________2. Refers to a process in which the offender accepts accountability for
the financial and/or non-financial losses he/she may have caused to the victim.
_____________3. It is an intervention or outcome during the Restorative Justice
process that must be imposed for the purpose of motivating the offender to realize that
he/she incurred an obligation to make things right.
_____________4. This intervention or outcome during the RJ process will enhance a
client's interpersonal relationship and it will help him/her become more aware of
his/her shortcomings/weaknesses.
_____________5. A Restorative Justice conference must be facilitated by a trained
________.

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B.S. Criminology THERAPEUTIC
MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES

Synthesis
Here are the module’s key ideas:
● Restorative justice refers to “an approach to justice that seeks to repair harm by providing an
opportunity for those harmed and those who take responsibility for the harm to
communicate about and address their needs in the aftermath of a crime.
● Restorative Justice sees crime as an act against the victim and shifts the focus to repairing the
harm that has been committed against the victim and community.

Assess performance

A. In your own words, please explain the following. Before you begin writing, please plan what
you will say. Your answer should be as well organized and as carefully written as you can make
it. (50 Points)

1. How is Restorative Justice implemented during the investigation stage?

______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
____________________________________________________________________________________________

2. How is Restorative Justice implemented during the supervision stage?

______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
____________________________________________________________________________________________

3. What are the roles of Parole and Probation officers in the implementation of Restorative Justice?
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
____________________________________________________________________________________________
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B.S. Criminology THERAPEUTIC

MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES

4. In your own words, how restorative Justice is adopted in the Philippines?

______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
____________________________________________________________________________________________

5. What are the interventions/outcomes that can be agreed during the Restorative Justice Process.
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
____________________________________________________________________________________________

B. Directions: Enumeration. List down or enumerate effects of restorative Justice to the following:
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B.S. Criminology THERAPEUTIC

MODALITIES (CA3)
WEEK 3 TOPIC: RESTORATIVE JUSTICE PRINCIPLES

Bibliography
● Foronda, Mercedes A. (2011), Correctional Administration 1
(Institutional Corrections), Manila:PCCr-MLC Textbook Committee

● Stohr, M. K., & Walsh, A. (2018). Corrections: From research, to policy, to practice. Los Angeles:
SAGE.

● Therapeutic communities: history, effectiveness and prospects.. (n.d.) >The Free Library. (2014).
Retrieved Aug 12 2021 from
https://www.thefreelibrary.com/Therapeutic+communities%3a+history
%2c+effectiveness+and+pr ospects.-a021263260

● Gooii. (n.d.). Retrieved September 01, 2020, from

http://vcp.e2bn.org/justice/page11405-background-and-reasons.html
 ● https://dspace.stir.ac.uk/bitstream/1893/1156/1/prisontcs.pdf

● https://probation.gov.ph/restorative-justice/

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