Restorative Justice: Finding a Better Way

by Shalee Forney, MA

     Our current criminal justice system is flawed in many ways, from harsh sentencing to scarce rehabilitative resources. Juveniles are highly affected by this flawed system as a result of racial and ethnicity disparities. African American males are disproportionately represented in our current system, and it starts when they are juveniles. Across the nation, African American juveniles are more likely to be arrested than their white counterparts, with African American juveniles committed to secure placements four times more than white juveniles (Rovner, 2016).

     One state has explored the issues through the development of the Governor’s Crime Commission, which investigated this factor. The Disproportionate Minority Contact (DMC) was created in 2002 to investigate the disproportionate number of minority youth in contact with the juvenile justice system (Kempf-Leonard, 2007). It found an effect on sentencing with roughly 70.5 million youth between the ages of 10 and 17 affected. A significant gap between white and minority youth was found. Minority youth—overwhelmingly African American and Latinx—detained by law enforcement made up 69 percent, with white youth at 31 percent.

     Restorative justice models seek to bridge judicial officers, system experts, service providers, and community partners in reducing overrepresentation of minority youth and families. The case below provides a picture of the issues.

 Michael, a 15-year-old Black youth, senselessly shot and killed another youth who was also 15 years old. The only motive Michael had for killing this young man was neighborhood territory and gang affiliation. Michael was later arrested and awaits trial. Does Michael deserve to potentially spend the rest of his life in prison at such a young age? Will prison correct this unfortunate situation? Now that one life is gone, is it really true justice to take away another life? These are the questions that arise when considering stories such as Michael’s.

     In cases like Michael’s, juvenile court counselors and social workers are needed. A central goal of juvenile court counselors and social workers is to reduce the rate of recidivism and to prevent juveniles from entering any further into the criminal justice system. In these roles, we often use community-based programs and interventions such as counseling and therapy that can do both. As aligned with the core beliefs of social workers, we advocate for involvement with community-based programs and alternative treatments focused on rehabilitation and keeping youth out of the criminal justice system.

     Restorative justice practices provide those alternatives. The basic principles of restorative justice involve both core and central principles. The core principles provide the foundation, guidance, and framework. The central principles are restoration, accountability, and engagement. These principles basically boil down to prioritizing the act of repairing over the act of blaming. All parties are involved, including the victim, offender, and community.

     Within the restorative model, education and awareness; cultural sensitivity; and reorientation of juvenile responses, systems, and procedures are prioritized. Instead of incarcerating juveniles through the criminal justice system, restorative justice allows them to be rehabilitated. Restorative justice also supports the rebuilding and repair of communities that have been harmed. Restorative methods include victim inclusion, victim/offender mediation, and sentencing circles that are productive and supportive.

Victim Inclusion in Restorative Justice

     Most of the time, when a crime is committed, the victim is overlooked and replaced by the state, which is a form of dehumanizing. Across the nation, the victim’s voice is replaced by that of the prosecutor, who essentially represents the victim. Victims often feel excluded throughout the process, including sentencing. Those victimized generally have no say in how crimes have affected them. For true justice to be served, all parties need a chance at restoration. As victims are replaced by the prosecution or the state during sentencing, they are left feeling disengaged and dehumanized. 

Sentencing Circles

     Sentencing circles give victims a voice. In sentencing circles, victims become a part of the process in the juvenile’s rehabilitation. Sentencing circles are a community-directed process that partners with the criminal justice system to create an appropriate sentencing plan. Through this process, the concerns of the community are addressed in a structured setting (Zehr & Toews, 2004). Research shows that both offenders and victims feel empowered to repair relationships and develop a new sense of understanding (Stuart, 2015).

     Sentencing circles are also referred to as peacemaking circles. This process is inclusive of victims; families; supporters of victims, offenders, families; and supporters of offenders, community members, and many others. Through this process, each person is allowed to share their story and speak from the heart. The goal of this process is to promote healing, facilitate the offender in making amends, empower victims, and build a sense of community (Stuart, 2015). This process can be integrated into the juvenile justice system. For this process to be successful, the needs of victims have to be identified. Restorative justice responds to and interacts with the victim's needs by actively listening to what the victim wants and considers important. The ability to see, hear, and experience victims in restorative justice makes a difference in how those victimized respond and come to a place of defining their needs. This helps the development of open communication and questions such as: how can I assist you in making that happen? Victims would like to tell you what they need rather than be told what they may need (Zehr & Toews, 2004).

     Sentencing circles have been shown to be very effective. A study conducted in Canada by Judge Barry Stuart revealed that offenders who participated in sentencing circles were less likely to recidivate than those who had only gone through regular criminal justice system processes. Offenders and victims reported that they felt more empowered to resolve conflict that promotes restored relationships and understanding (Stuart, 2015).

Victim Offender Mediation

     Another method that gives victims a voice is victim/offender mediation. Victim/offender mediation is restorative, helping rebuild relationships and communities after harm has been created. This gives the victims an opportunity to meet with offenders in a safe setting with the goal of holding the offender accountable. Success stories show how empathy and forgiveness are required in order for this to work. Victims are often left feeling less fearful of the possibility of re-victimization, and offenders were more likely to take accountability (U.S. Department of Justice, 2007).

     This process is usually arranged by the judge, probation officer, victim advocates, prosecutors, defense attorneys, or police (U.S. Department of Justice, 2007). According to a study conducted by Umbreit (1994), victims who participated in this process were more satisfied than those in the court system. Victims felt less fearful of being re-victimized in the future. Offenders who participated were more likely to complete their restitution obligations (U.S. Department of Justice, 2007).

     The Victim Offender Mediation Annual Report of 2013 highlights the story of two mothers who grew extremely close during the process of victim/offender mediation (2013 Annual Report Victim Offender Mediation Story, 2013). The child of one mother murdered the other mother’s child. During the process, they discussed how hard it was for both of them as they went through the trial. While the mother of the offender feared for her child’s life behind prison walls, the other mother not only grieved the loss of her child but also for the “loss” of the offending child. She was able to have strength and forgiveness along with empathy throughout the tedious process.

Conclusion

     Our focus as a community should be rehabilitation, bridging gaps within communities that have been destroyed by crime and juvenile delinquency. The current criminal justice system is based on retributive justice. The main principle of retributive justice is punishment. It focuses on the offender and only the offender.  It often lacks offender accountability. In this form of justice, punishment overrules rehabilitation (Reimer et al., 2015). Restorative justice, on the other hand, involves focusing on both the offender and the victim with rehabilitation and relationship being at the forefront. Models discussed—victim inclusion, sentencing circles, and victim/offender mediation—have demonstrated the ability to keep both the offender and the victim at the forefront as they work collaboratively toward rehabilitation and relationship. These models have demonstrated effectiveness when adequately resourced. Social workers are increasingly involved with developing and providing restorative justice practices (see Beck et al., 2011 for further exploration).

References

2013 Annual Report Victim Offender Mediation Story. (2015). Community justice initiatives.  https://www.cjibc.org/victim-offender-mediation-stories/a-tale-of-two-mothers/

Beck, E., Kropf, N.P., & Leonard, P.B. (2011). Social work and restorative justice: Skills for dialogue, peacemaking, and reconciliation. Oxford University Press.

Kempf- Leonard, K. (2007). Minority youths and juvenile justice: Disproportionate minority contact after nearly 20 years of reform efforts. Sage, 5(1), 71-87. https://doi.org/10.1177/1541204006295159

Reimer, L., Schmitz, C., Janke, E., Strahl, B., & Matyok, T. (2015). Transformative change: An introduction to peace and conflict studies. Lexington Books.

Rovner, J. (2016). Racial disparities in youth commitments and arrests. The Sentencing Project. https://www.sentencingproject.org/publications/racial-disparities-in-youth-commitments-and-arrests/

Stuart, B. (n.d.). Sentencing circles. https://www.courts.ca.gov/documents/SentencingCircles.pdf

Umbreit, M. S. (1994). Victim meets offender: The impact of restorative justice and mediation. Criminal Justice Press.

U.S. Department of Justice. (2007). Victim/offender mediation. https://www.courts.ca.gov/documents/VictimOffenderMediation.pdf

Zehr, H., & Toews, B. (Eds.). (2004). Critical issues in restorative justice. Good Books.

Shalee Forney holds an MA in Peace and Conflict Studies. She is a juvenile court counselor and a doctoral student in the Joint Program of the Philosophy of Social Work at the University of North Carolina Greensboro and North Carolina A&T.