What is a sentencing circle?
A sentencing circle is an attempt to rediscover the traditional Aboriginal method of dealing with members of the community who have broken the law. The circle is made up of the accused, the victim, the families of the accused and the victim, elders and other interested members of the community. A judge and a defence lawyer or prosecutor and/or policeman also sit in the circle.
Once someone sits in the circle, there are no special powers or privileges. Everyone in the circle has the same power, as the circle operates on the basis of consensus. Everyone in the circle must agree as to what to do about the person who has broken the law.
After the circle has reached consensus on sentencing the offender, the judge then steps back into his/her judicial role and may impose the sentence that the circle has recommended.
Who can have a sentencing circle?
Anyone who has broken the law can ask to have a sentencing circle. If the person has pleaded guilty or has been found guilty of a charge by a court, that person may ask the judge to refer him/her to a sentencing circle. The judge will then consider several factors:
What happens at a sentencing circle?
A sentencing circle is usually held in a Band hall, school gym or outdoors. Chairs are arranged in a circle, sometimes an inner and outer circle. A tape recorder is placed in the centre. People take their places in the circle. The judge usually asks one of the elders to say a prayer or perform a sacred Sweet Grass Ceremony. Everyone in the circle has a chance to talk or remain silent. The members of the circle discuss the offender, the crime and the various sentences that may be suitable. The discussion continues until all members agree on a sentence. The judge decides whether the proposed sentence is within the boundaries of the law. If it is, the judge then formally imposes the sentence.
The host community usually tries to make participants feel welcome by providing coffee, milk, lunch and tissues. Transportation is provided for Elders or whoever may need it.
Translation services are also provided if there are any members of the circle who do not understand the language.
The people who form the circle are encouraged to feel free to speak and/or ask questions. Everyone’s view is valued and respected.
Who can organize a sentencing circle?
There are no hard and fast rules. It can be organized by a probation officer, social worker, Band workers or councillors, or an Elder.
Who should sit in a sentencing circle?
What type of sentence can the circle recommend?
The circle may recommend that the offender be sent to jail, be banished to a specific location, be given a period of probation, and/or be asked to do a certain number of hours of community work.
Who will work with the offender?
The circle may ask a volunteer to assume some responsibility for keeping track of the offender. This volunteer may also assist the offender to participate more fully and responsibility in the community.
The contact person may also report to other relevant agencies and, possibly subsequent sentencing circles, on the progress the offender is making.
What is the community’s involvement?
It is absolutely necessary that the community that forms the sentencing circle be willing to assume not only the responsibility for sentencing the offender, but also for follow-up and for support. The community needs to regard this as a strong and long-term commitment.
Will there be growing pains?
It will take time and the experiences of many sentencing circles before the participants and the public at large will have full confidence in this process.
(Source: Native Studies 30. Saskatchewan Education.)