Modified Circles Vs. Restorative Justice System

Circles are a method of restorative encounter that can be traced back to 1992 when they were first used in the town of Mayo in the Yukon Territory of Canada. The judge that first used this method saw a number of advantages to using the circle. He pointed out that some advantages were that it promoted a shared sense of responsibility, it involved the offender and the victim, it created a constructive environment, and it extended the focus to the underlying cause (Van Ness & Strong, 2010). These are some of the advantages that are focused on today when circles are used in the restorative justice system, but now there is something known as a Modified Circle, which varies some from the traditional Restorative circle. The two types of circles have

much in common, but vary in some areas as well.
Modified Circles are circles that usually take place inside the prisons and include the inmate whose situation will be covered in the circle, as well as fellow inmates. There are also facilitators involved in this circle to help guide the members of the circle in the right direction. This method, or type of circle, was discovered by chance when Eric, an inmate at Waiawa, was participating in a training program. When Eric got word that he would be moving to Laumaka, a residential work furlough program located in Honolulu, he was asked about his plans by one of the facilitators. The facilitator wanted to know what his plans were after he would leave Laumaka. Eric did not have any plans of where he would live or what he would do once he left, but he mentioned wishing he did have a plan. The facilitator then came up with the idea for Eric, the facilitators, and the other inmates to all work on putting a plan together for him. For the remainder of the meeting, one of the facilitators recorded on a white board everything that the group said. Eric received a printed four-page copy of his plans two days later. It was titled Circle Summary and Transition Plan and it included what he was most proud of accomplishing while in prison, the strengths that the other men saw in him, and his plans for the future. Eric’s situation marked the first Modified Circle ever used (Walker, 2009).
Restorative Circles and Modified Circles have the same focus, which is on helping incarcerated individuals change their future behavior and how they can lead happy, healthy, and peaceful lives.

The main difference between the two types of circles is the parties involved in the circle. Restorative Circles tend to involve the offender, victim, friends and family, members of the community, and usually representatives of the justice system (Van Ness & Strong, 2010). Modified Circles typically include the facilitators, the inmate whose situation is being discussed, and other inmates who may benefit from helping their fellow inmate. The Modified Circle does not mean to exclude the other parties normally involved in Restorative Circles, but it can just be difficult to invite the other parties and have them show up. It can be time consuming and almost impossible when inviting loved ones to attend the circle. Many inmates do not have loved ones that are willing or able to attend, which can make it difficult to find individuals to invite. The problem with this being time consuming is that some inmates have limited time, like Eric who only had a week before he

left.
The same things accomplished in a Restorative Circle may not be able to be accomplished in a Modified Circle because of the parties involved, but there is a benefit to having other inmates participate in the circle. Other inmates involved in the Modified Circle may be able to apply what is being said to their own situations. For example, in Eric’s Modified Circle a fellow inmate recognized that he too had wrongly used women after Eric had spoke on wanting to reconcile this. His acknowledgements of his wrongdoing were a demonstration of how group members can imitate each other’s actions and learn from one another (Walker, 2009). This is something that would not happen in a typical Restorative Circle, as other inmates are not usually one of the parties involved.
One party that is not a part of the Modified Circle is the victim, which is a huge focus in the typical Restorative Circle.

There is a question of whether or not the victim still receives the outcome he or she is looking for. In most cases, the victim probably wants to see the offender show empathy, have a desire to turn his or her life around, and know that the offender will not hurt anyone else. Although the victim may not be as aware of this when a Modified Circle is used, it can still be accomplished. When Modified Circles are used, inmates still take responsibility for their actions, work on plan to change their behavior, and strive to create a better version of themselves. If these outcomes are what most victims are looking for, then they can still be accomplished in the absence of the

victim.
In Eric’s case, he was working full-time, had been released from the Laumaka work program, and was off parole in only six months (Walker, 2009). The Modified Circle showed successful in Eric’s case, and would probably show successful in other cases as well. While Restorative Circles focus on al parties involved and how they were all affected, Modified Circles put more of the focus on helping the offender have a successful reintegration. Since more focus is put on this in a Modified Circle, the reintegration process may be more successful than when a typical restorative circle is used. This type of circle can also benefit the other inmates involved in the group, which can help their reintegration be more successful as well.
When the issue at hand is the reintegration of an inmate, Modified Circles may serve to be more successful as more time can be spent on that specific issue. Restorative Circles are also beneficial, but more so in other areas, such as the restoring of the relationships broken as a result of the crime. Modified Circles benefit other inmates, while still getting the outcomes that most victims want. Modifies circles are a great program to use upon the release of inmates and it could really help them turn their lives around, as it did for Eric.