A community-directed process, conducted in partnership with the criminal justice system, to develop consensus on an appropriate sentencing plan that addresses the concerns of all interested parties.
In R v Rope, the Saskatchewan judge wrote: By tradition, sentencing circles usually take place on the Reserve, where members of the Aboriginal offender's community, such as the Chief, Elders, Band Councilors, the victim or his family, police, prosecution and defence gather and then recommend an appropriate sentence. A sentencing circle's aim is to shift the process of sentencing from punishment to rehabilitation and responsibility. It provides a new alternative for courts to incarceration. The sentencing circle proves an opportunity to start the healing process for both the offender and the victim. Circle Peacemaking.. Alaska Justice Forum 17(4): 1, 6-7. Circle sentencing is a form of restorative justice, one of a number that have emerged over the past decade in response to demands for community and victim involvement in the justice process. A scheme which is called “ circle sentencing ” in NSW tries to avoid gaol time for Aboriginal offenders. The term ‘circle sentencing’ stems from a circle of representatives sitting together and trying to decide a sentence which does not include a jail term. Overview. Circle sentencing is an alternative sentencing court for adult Aboriginal offenders. It directly involves local Aboriginal people in the process of sentencing offenders, with the aims of making it more meaningful and improving confidence in the criminal justice system. Note that circle sentencing is part of the court process and that it results in convictions and criminal records for offenders. Unfortunately, the option of circle sentencing is often not told to juvenile offenders by police [10]. A sentencing circle is a community-directed process, conducted in partnership with the criminal justice system, to develop consensus on an appropriate sentencing plan that addresses the concerns of all interested parties.
http://www.duhaime.org/LegalDictionary/S/SentencingCircle.aspx http://www.lockeschool.org/ourpages/auto/2009/2/17/52636248/What%20is%20Circle%20Justice.doc http://justice.uaa.alaska.edu/forum/17/4winter2001/a_circle.html http://www.creativespirits.info/aboriginalculture/law/circle-sentencing http://www.healthinfonet.ecu.edu.au/key-resources/programs-projects?pid=925 http://www.creativespirits.info/aboriginalculture/law/circle-sentencing http://nij.gov/topics/courts/restorative-justice/promising-practices/Pages/sentencing-cricles.aspx
what is a sentencing circle