Having regard to the project which has been worked out and considering it complying with the law, the JCH stays the proceedings against "Tom and Dick" and places them for nine months under supervision under article 28 of Pres. Decree no. 448/88. The Judge provides also for the YWO to arrange adequate reconciliation with the victim. The YWO submits the CMA a request for intervention attaching copy of the minutes of the preliminary hearing. The juveniles liable for armed robbery in a town bank were arrested and placed under home confinement; they were allowed to attend school, only.
After CMA has obtained consent by phone from the bank legal representative, it writes a letter inviting both parties to appear at CMA.
In the instant case, Tom (barely 18) lives in town, attends his second year of a technical college, has no police record. He lives with his family and is the elder son. His mother is a trader, his father is in jail (the information was obtained at a later time, since the juvenile never picked up this item).
The other offender, Dick, 15, was barely 14 at the time. He successfully attends his first year at a technical school, lives in town with his family consisting of three children and parents, both traders.
Mrs. Smith represents the bank, which was robbed and where she has been working many years; she was there on the hold-up day and lives in town.
During the first conference with the offenders (parents have been invited as the subjects are children) mediators explain the meaning and terms of mediation and ask the parents' permission to have a first interview with the indicted juveniles, alone. The parents assent to the request.
The juveniles are invited to tell what had happened in minute detail to unveil particulars of facts underlying mediation as well as fears deriving from the crime's consequences and any further expectations.
The mediation carries on with the reconstruction of the hold-up and the following consequences: from arrest to Juvenile Classification Home, from detention to placement under a supervision period where the young offenders work with a cooperative providing seriously sick people with house assistance. As the youngsters carry on their narration (the younger often chimes in with greater self-assurance), it gets increasingly patent they had acted for fun and not in need.
Some factors contribute to supporting this conviction, i.e. the way of execution, peculiar to naïve beginners (the act is decided the night before when they walked in front of that bank; the flight vehicle, a small scooter, is parked a block away with the engine running and keys on).
The above circumstances make immediately clear what had happened and enable the mediators to address the seriousness of the offenders' action and the severe consequences of their gesture. Both offenders declare aware, liable and eager to meet the bank delegate to apologize and remove this bad experience.
Attention is drawn to the positive impact of Dick's father, who has always accompanied and supported both youngsters. The latter show very keen on him as he is always there and helpful; in particular, Dick says he is quite sorry especially because of his father's attitude, literally maintaining as follows: ".....I wish he had walloped me dead, but his glance has changed after that day, as if he doesn't trust me any longer. ...I have to start from scratch now to make up for lost time..."
The mediators separately meet Mrs. Smith to inform her of the meaning and terms of the mediation and to ask her permission to go on. The interview follows the same pattern as with the offenders: Mrs. Smith has all explanatory opportunities in reporting the event, its consequences and the terms of conflict, and is totally free to express fears and expectations connected to the impact of her own as well as the offenders' conduct. She confirms the facts as were reconstructed by Tom and Dick. She looks very tight and manifestly exhausted, even if she reports that one has to be ready for such experiences in her own job; she says she was quite afraid and annoyed even after the event by some procedures the bank was exposed to as is standard practice after hold-up. She did not know the faces of the assaulters, which baffled her, yet she accepts to meet the juveniles.
To remove Mrs. Smith's fear the mediators emphasize the importance for her to meet the offenders and try to understand the reasons for this act on the one side, but also, and above all, to try and explain to the youngsters the repercussions of their gesture. By doing so she could contribute to integrating mediation with educational functions and help the offenders become aware of the most traumatic aspects of their conduct.
During the conference Mrs. Smith appears quite anxious and unquiet, whereas the two juveniles look calm and eager to reconcile. Once Mrs. Smith has given a face to each assaulter and realizes they are young and naïve, she herself contributes to a solution and in an increasingly sweet, yet firm and square tone, she goes back to the various steps and consequent concerns (as a hostage she felt ill, the bank security guard was armed and could have shot). Mrs. Smith helps ease the state of tension and create a calm and relaxed atmosphere, which the team stresses as it emphasizes the striking passages and shifts emotions towards the youngsters. They deeply perceive her suffering and find the right words to prove they have become aware and accountable. They talk about their pathway under supervision, how deeply it left its mark on them and report the personal and human reward they are getting; moreover they say they were so much changed by this experience that during detention they ended up liking school ("....going to school was a joy, it was the only way to leave home...").
Mrs. Smith appreciates the opportunity offered by mediation as she felt her fright at the unknown was reduced and had changed.
The parties take their leave of the team, quiet and satisfied, and thank especially for freely expressing their innermost emotions on the event.
The team duly submits a report to the State's Attorney with the Juvenile Court and fills in the relevant anamnestic case file.
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Tools in Network is a project of the Department of Juvenile Justice - Ministry of Justice of Italy in the framework of the Leonardo Da Vinci Education and Culture Lifelong Programme