Restorative Justice

I went to the fourth annual symposium on Restorative Justice focusing on redressing juvenile justice yesterday, and found it very interesting. Outside of a courtroom I have never seen so many judges, lawyers and cops in the same place! It was particularly interesting to hear Pastor Anthony Ortiz (Pastor Tony) speak. He founded Breakout Prison Ministries, later to become California Youth Outreach, based on his experience as a gang member and numerous incarcerations. He's a hoot to listen to, and his understanding of what it takes to get the attention of gang members and motivate them to change their behavior is sobering. I wish there was an army of Pastor Tony's to be had...

Questions addressed during the symposium included:

Do offenders understand their crimes?
Answers from a police officer and an ex-convict were both "Yes, most of them do and they don't care" However the ex-con explained that through this process he 'grew up' at 42 years old and after 26 years in prison. Thus even when it doesn't work up front, it may take hold down the road, or it may work for those who have been in the penal system for years but never been exposed to this concept. As one participant put it, "After doing their time and paying all their fines, it may be that the criminal still does not really understand WHAT s/he did; the actual extent of the harm caused. The victim is in a unique position to make that clear to the offender."

Is Restorative Justice soft on crime?
NO! RJ is now sometimes called Balance & Restorative Justice because the point is to include the victim in the process of justice. If one is stuck in the mindset that it is always necessary to punish and that retribution is an important part of justice, then RJ may be seen as 'soft' however when it is done right it gives both the victim and the perpetrator an opportunity to participate in the criminal justice process. If they can strike a mutually acceptable deal through mediation, so be it. On the other hand, the perp may say s/he wants to go free and the victim may say s/he wants the death penalty for the perp, but that does not mean either of those things are going to happen. The important point is that there was an opportunity for each to be heard, which has the effect of making everyone feel at least included in the process and often more accountable with respect to the outcome. Most important of all, the process becomes more transparent and victims no longer feel completely excluded. In the best case scenario the perp may come to truly regret his or her actions and may truly change as a result of this process.

RJ is also a preventative concept. As one participant put it, "It is a mindset" Showing kids from day one the results of their actions, can help them understand their mistakes. For example one participant suggested math problems in school can be worded thusly: Someone breaks into your car and steals $300 worth of CDs, your $1000 stereo system and your $30 blinking gear shift knob. They also break your door lock, and the estimate to have that fixed is $500. The deductible on your car insurance policy is $1000 and the increase in your insurance premium is $40/month. The insurance company will not cover your $200 after market speakers or the gear shift knob and it will only pay $350 for the stereo (the value of the cheap one that originally came with the car). At the end of one year how much did the robbery cost you? At the end of five years, how much did the robbery cost you? If you want to get really down and dirty you can add in how you are a single mom with five kids, your monthly expenses are $XXXX, and ask the kids to figure out if you will be able to pay your bills with this additional expense. When the answer is no, then they can figure out how much it cost over some period of time to pay it off on a credit card with XX% interest.

Can Restorative Justice Work in every community?
Yes, but it has to be customized to that particular place. Trying to replicate what has worked elsewhere is unlikely to be either practical or sustainable.

Is Restorative Justice expensive?
It does require some money, but more than anything it is a mindset and if the community is willing to be involved, a great deal can be covered by volunteerism.

I really enjoyed this symposium and it gave me a great deal to think about in terms of how I can incorporate these ideas into my therapy. I think I have been, to some degree, but I know I could do it much better.