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Restoration and the Family: A Pedagogical Point of View (From Restorative Justice and the Law, P 68-81, 2002, Lode Walgrave, ed. -- See NCJ-199537)

NCJ Number
199541
Author(s)
Ido Weijers
Date Published
2002
Length
14 pages
Annotation
This chapter addresses the psychological impact, the justification, and the conditions for successful family group conferencing as viewed from a pedagogical perspective.
Abstract
The central thesis of the chapter is that any justifiable and successful family group conference (FGC) presupposes a good relationship between the young offender and his/her parents. The issue raised is whether and when the formula of the FGC might be appropriate to achieve the aim of reflection on the moral consequences of the wrongdoing, of repentance, and apology. In viewing FGC as an appropriate forum for responding to young offenders, the author argues that youth must be engaged in a process of moral communication in which it is made clear to the youth that what he/she has done has caused specific harm to others. FGC has pedagogical advantages compared to other restorative strategies, since the format of FGC creates the opportunity to make clear to the youth the wider moral and emotional impact of his/her wrongdoing. The presence of his/her parents or other family members may bring home to the youth that it is not only the victim who has experienced harm from the offense, but also his/her own family members. The active involvement of the family may also facilitate the adolescent's recognition of what the wrongdoing implies for himself/herself as a moral person. The mandating of a FGC, however, can be justified only when there is no doubt about the proportion of the moral and emotional burden this type of meeting implies to the weight of the offense and the adolescent's personal share and responsibility for it. When there has been a serious offense in combination with a disturbing criminal record, a mandated FGC is pre-eminently justified from a pedagogical perspective. In these circumstances there is a clear objective to influence the moral perspective of the youth by bringing to bear the influence of the family; however, if the family influence is to be constructive, there must first be an investigation of the family situation. Second, when a relationship of trust is apparently absent between the youth and his/her parents, the FGC approach must be excluded. Third, in the latter case, it might be better to look toward building a new community of support for the youth.