What is Justice? - Exploring Values Together

A participatory exercise designed to allow communities to explore the following questions:

What actions take place in our current justice system?
What feelings lead to these actions, and what feelings do these acts evoke in harm-doers? Victims? The community?
What are the values, beliefs or principles that underlie our current justice system?

What values, beliefs or principles would we like to underlie our justice system?
If those values, beliefs or principles were foundational to our justice system, what feelings would be evoked in participants?
What might such a justice system look like?

Materials:

Flip chart paper (2 sheets) – if a record is to be kept
Flip chart markers (many colours)

or – alternately: an overhead (2 transparencies) or a whiteboard.

Introduction:

Explain to the group that using a series of facilitated brainstorms, we will explore our current
justice system and begin a visioning process of a new approach. This new approach will be defined
by our community, and reflect the values and beliefs that we want to live by.

Introduce the concept of brainstorms; indicate that you may be asking clarifying questions, but no dialogue or judgement will be placed on the ideas presented. Try to create a trusting atmosphere where people feel safe and are willing to explore ideas together (you might want to ask them what will help them create this sense of safety).

On the first sheet of Flip chart paper, write:

          CURRENT JUSTICE SYSTEM

Under that, draw a large (whole page) crude shape like an iceberg. Add a water line about 1/3 of the way down the iceberg. Above the water line, on one margin, write ACTIONS or WHAT IT LOOKS LIKE. Explain that like an iceberg, what we see in our justice system is only 'the tip'. The effects of the actions and the beliefs underpinning them lie below the water. Brainstorm what the actions of our current system look like. Write those actions above the waterline.

Be sure to capture many facets of our justice system, including enforcement, investigation, court, prisons, reintegration, etc. Also explore how the justice system actually impacts those in the room. Questions might include:

- How have any of you experienced the justice system? What happened?
- What do police officers (parole, probation, prison guards) do?
- What actually happens in court?

Be sure that you focus on concrete ACTIONS. Sometimes with younger people, you can elicit responses by saying 'I’m from Planet Xenon, and have come down to see your justice system in action. What would I see?' Record the group’s responses in the top portion of the iceberg.

After a few minutes of brainstorming, move on to the next section. Draw a line half ways down the underwater portion of your iceberg (the iceberg will be divided into three parts, horizontally. See diagram below). In the margin of the middle section of the iceberg, write FEELINGS. Explain that the group will brainstorm the FEELINGS that result in our current justice system, and the feelings that are evoked by the actions of the justice system. These feelings are just “under the surface” and if you get up close to the water, you can see them. All participants’ feelings should be explored.

- How do the victims feel?
- How do the people who’ve hurt someone feel?
- How do the families, the community feel?

Ensure that you are capturing in words true feelings (not 'I feel that…' or 'They feel like…' You may want to have 'feeling sheets' (like 'How are you feeling today?' pictographs) available for groups that have trouble expressing feelings.

Finally, in the bottom section of the sheet, in the margin, write BELIEFS/VALUES and ask what values underlie our current justice system. What values do we see in evidence in our current system (e.g. is it racist? equal?)? Sometimes these are expressed in 'clichés' like 'An eye for an eye and a tooth for a tooth'. Explain that these values/principles are the foundation for our current justice system. This section is sometimes difficult to express, so ask questions, guide where necessary.

When that iceberg is filled, begin the second iceberg, the visioning piece. At the top of the sheet write NEW JUSTICE APPROACH (or RESTORATIVE JUSTICE if you prefer). Draw your iceberg, the water line and line between the foundation and what is under the surface.

Begin with the bottom brainstorm. Ask 'What values or principles or beliefs would we like to have at the foundation of our justice system?' Suggestions might include (but where possible, let the group lead) 'Forgiveness is important' or 'There are no disposable people'. When you are satisfied that everyone who wants to has participated, move to the middle section.

Ask what feelings people would experience living these values; what feelings would be evoked by all who participate, if the new justice system was in place. Record this brainstorm.

Finally, ask what it would look like. Be very concrete. Encourage participants to question all aspects of the justice system (Does it need to be that way? Why? Does it really work as well as we hope it will?) Allow the participants to define what they want justice to look like in their community. This exercise will allow them to realize why they want it to look this way.


Diagram - The Iceberg Model:



This exercise is inspired by the “What is Violence?” Icebergs exercise from The Alternatives to Violence Project (AVP). The model of deconstructing systems to explore values has been successfully used to explore school discipline policies, teaching methodologies, in mission statement development, etc.