band counselor or an elder.The setting of the circle is more informal than the normal court room setting; the circle may be held wherever there is space and agreement by participants such as a community hall, courtroom, band hall, a home, a teepee, outside, anywhere really. There is an inner and outer circle. The inner circle is composed of people directly involved in the discussions, and the outer circle is for those wishing to observe and speak only when asked or volunteer to do so. The circle always includes the judge, crown, defense, court recorder, community members and offender. It usually includes probation officers, court workers, youth workers, police, various community workers (including social workers) and / or alcohol and drug counselors, victim and family and/ or supporter, and offenders family and/or supporters.(La Prairie, 1996,) All parties involved can have some input as to what the offenders sentence should be, but the judge still has the final decision on the sentence.The circle is usually opened by a prayer or a sacred sweetgrass ceremony. The judge then explains briefly the purpose of the circle and the protocol to be observed. Sometimes this is handled by Keepers of the circle, usually by an elder and another respected person from the community, who explains the protocol to be observed in the circle and who facilitates the operation of the circle. The prosecutor or police then give a brief account of the charge and how the incident happened. The judge may indicate the upper limit for this kind of offence in a conventional sentence hearing. People are invited to speak and all have an equal opportunity to speak if they wish. The discussion, covers a wide range of areas including the history of the offender, his/her family, damage done to the victim and the root cause for criminal behavior. Some suggest solutions while others suggest resources that should be used. Some offer to support the offender or the victim.(Ste...
