Hidden Hurts, Healing from Within: Restorative Justice for Victims & Convicted Offenders in Bermuda London Metropolitan University Policing, Security & Community Safety Professional Doctorate Thesis Davina Aidoo Student no: 11051376 Submission date: 2016 Doctoral Thesis – Davina Aidoo Hidden Hurts, Healing from Within: Restorative Justice for Victims and Convicted Offenders in Bermuda. Hidden Hurts, Healing from Within: Restorative Justice for Victims and Convicted Offenders in Bermuda Abstract This thesis sought to explore how restorative justice (RJ) could be implemented into the Bermuda Department of Corrections using action research. The aim was to explore how RJ can work for victims and incarcerated offenders in Bermuda in regards to the potential for reduction of harm, increasing empathy and as an addition to the existing CJS. Training was provided and partnerships established with the Bermuda Police Service and Prison Fellowship Bermuda for the specific purpose of the initiative. Phase-one involved the introduction of two prerequisite programmes (Victim Empathy and the Sycamore Tree) that offenders were invited to voluntarily participate in. Respectively, one programme delivered by Corrections staff and consisting of only prisoners and the other delivered by Prison Fellowship facilitators and involving 16 surrogate victim-participants. A mixed-method approach was used to examine impact and process. These included questionnaires pre and post the phase-one programmes and the CRIME-PICS II psychometric to assess attitudinal change, participatory and non-participatory observations and a focus group. Both programmes increased the offenders’ empathy while the Sycamore Tree programme involving participants from the community, helped create further positive attitudinal change on the main scales measured by the CRIME-PICS II. 93% of the Sycamore Tree victim-participants were ‘very satisfied’ overall and ‘would definitely’ recommend the programme to others. Qualitative findings indicated victim healing, with some referring to a sense of closure and forgiveness for themselves and the offender. The second-phase introduced RJ conferencing, two conferences were held and the experience of participants was again very positive. The offenders considered trained conference facilitators from the Police and Corrections as being impartial. Overall benefits for both parties (offenders and victims) indicated a promising start to the initiative. A number of previous findings from empirical research were found in the current study. Victims valued having a voice and rehabilitation; and offenders valued the ‘victim’s forgiveness and reintegration’. The social interconnectedness of Bermuda creates a need for RJ as the stigmatization i Doctoral Thesis – Davina Aidoo Hidden Hurts, Healing from Within: Restorative Justice for Victims and Convicted Offenders in Bermuda. of criminality often extends beyond the offender to include their family. The pilot indicated the need in some cases for reparatory preparation work with offenders and their families before the offender feels comfortable, or able to call upon family members as conference supporters. Further the importance of community lay in the fact that the likelihood of victims coming into contact with the person who offended against them, once released is virtually inevitable. The success of the action research pilot led to the Department of Corrections adopting the initiative and continuing with it and produced nine trained facilitators. The content of the Sycamore Tree Project was superior as a phase-one pre-requisite programme to RJ conferencing; however, an adaption to the programme would be needed to reduce the strong religious content. Victims and offenders benefitted from the initiative. ii Doctoral Thesis – Davina Aidoo Hidden Hurts, Healing from Within: Restorative Justice for Victims and Convicted Offenders in Bermuda. Acknowledgements To all the participants who consented to be part of the research and who provided honest information about your personal experiences – sincerely, thank you. This action research would not have been possible without you. I am especially grateful to those whose input went beyond their participation in the programme and whose recognition of restorative justice would continue to be shared with the community, not least Mr Ross Furbert and Ms Laura Smith. A special thank you to the Commissioner of Corrections Lt. Col. Edward Lamb for granting permission for the research to be undertaken and for advocating restorative justice. Additionally, to the Police Commissioner Mr Michael DeSilva and the police officers who keenly contributed in partnership to the initiative and saw value in the action for the community; a special thanks to Dc Julia Swan. My thanks to the Prison Fellowship Bermuda Sycamore Tree facilitators who worked hard and enthusiastically to provide the programme, and who offered me continued support and encouragement. Thank you Sheridan Scotton and Truell Landy. The support and assistance provided to me by Cordell Riley was invaluable and greatly appreciated, as was the support shown and felt from Pastor Santucci. I owe gratitude to my supervisor Dr Jenny Newton who remained patient in explaining things to me and in guiding my writing of this thesis. Your kindness and encouragement against my pessimism at times was much needed. I am indebted to Yvette Brown who was not only instrumental in the delivery of the action, but whose encouragement and support made the times when I wanted to throw in the towel difficult. I am appreciative of my learned co-student and friend Keiron McConnell who was an inspiration and great source of fortitude. I am so happy we travelled this journey together to its end. For the ever constant love and support of my friends and family, thank you. To Conrad Reid I hope you know how grateful I am for your love and support, like that of a big brother; and let me not forget patience. Last but far from least Samantha Patel, I appreciate and respect you and your knowledge, the inspiration you have been for me throughout my research, before and since has been a gift. Thank you for your innovation, encouragement, support, challenge, nurturance, insightfulness and love, my soul sister. iii Doctoral Thesis – Davina Aidoo Hidden Hurts, Healing from Within: Restorative Justice for Victims and Convicted Offenders in Bermuda. Hidden Hurts, Healing from Within: Restorative Justice for Victims and Convicted Offenders in Bermuda Contents Abstract i Acknowledgements iii Contents iv Index of Tables, Figures & Graphs viii Glossary of Terms X Chapter 1 – Introduction Background & Rationale 1 Aims and Objectives 2 Chapter Outlines 3 Theoretical & Philosophical Foundations Defining Restorative Justice 5 Leading RJ Theorists and 7 Practitioners: & the Restorative-Retributive Dichotomy Models & Phases of RJ 10 Application The RJ Community 13 Reparation, Restoration & 15 Restitution Retaliation, Revenge & 16 Retribution Chapter 2 - Empirical Introduction 20 Research & Practice: What What’s the Evidence 20 Works? What’s Been Regarding RJ Engagement? Found! Does RJ Meet its Aims? 26 Satisfaction Ratings: Victim 29 & Offender Experiences and Outcomes Finding Resolution: Victim & 32 Offender Experiences and Outcomes What is Known About How RJ 35 Works in Prisons? Sycamore Tree Project 40 What Further Evidence is 42 there that RJ Improves Victim Empathy? Models & Guidance 43 iv Doctoral Thesis – Davina Aidoo Hidden Hurts, Healing from Within: Restorative Justice for Victims and Convicted Offenders in Bermuda. Chapter 3 – Bermuda in Introduction 47 Context: Crime & the Discovery & Beginnings 48 Criminal Justice System History & Colonisation 48 The Legacy of the Criminal 52 Justice System Racial Differences & the 57 Criminal Justice System Crime in Bermuda & the 21st 63 Century Criminal Justice System Casemates & the Bermuda 65 Department of Corrections Inmate Population 66 Charity Work: Macro- 69 community Reparation Rehabilitation & Restorative 69 Justice Chapter 4 - The Intervention Introduction: Restorative 72 Model Orientation Victim-Empathy Programme 74 Sycamore Tree Project 76 Programme Differences 78 Restorative Justice 79 Conferencing The Script, Agreement & 80 Gathering Scheme Development and 82 Best Practice Guidance Chapter 5 - Methodology Introduction 85 Theoretical Framework Philosophical Basis & 86 Research Framework Mixed Methods Rationale & 89 Conceptual Framework 91 Ethics I – Consent Research Methods 91 Chosen Methods Questionnaires 92 Questions & Design Administration and Consent 93 Piloting 94 Psychometrics: Measuring: 95 Empathy in Offenders Interviews 98 Interview Design & 98 Questions Advantages & 99 Disadvantages of Face-to Face Interviewing Method v Doctoral Thesis – Davina Aidoo Hidden Hurts, Healing from Within: Restorative Justice for Victims and Convicted Offenders in Bermuda. Data Collection – Audio 100 Recording & Transcription Observation 101 Focus Groups 102 The Researcher & Research in 102 Prisons Validation Strategies 106 Ethics II – Action and 107 Research Information Sharing with 109 Stakeholders Research Participants: Sampling Techniques & 109 Selection & Demographics Issues Description of Research 110 Participants: Offender- Participants Victim-Participants 111 Data Analysis 112 Victim & Offender Views of 112 the CJS & RJ Motivation & Retention 112 Empathy 113 Programme Evaluation 113 Victim & Offender Views of 113 the Conferencing Experience Chapter 6 – Findings Analysis by Domain 115 Victim & Offender Views of