Saturday, April 24, 2010

Restorative Justice - Not an Oxymoron

Crime happens. All of us in our “civilized” societies are fully aware of this shared reality. Victims of crime suffer – and experience a range of emotions – anywhere from mere annoyance to sheer terror. How do these individuals find “justice”? How do victims heal? Is it possible for offenders admit to accountability in the presence of those who have been harmed by their actions?

In the American justice system, victims are disempowered – they generally have little or no say in our legal system. The voice of the victims is represented by District Attorneys as representatives of “The State”. It is a newsworthy event when a victim is granted permission by a judge to directly address an offender.

Enter Restorative Justice - a breath of fresh air – the proverbial “ray of light/hope” in the complicated landscape of legal morass.

Restorative Justice (RJ) is based on a theory of justice and a global social change movement that endorses peaceful approaches to harm, problem-solving and violations of legal and human rights. According to Boston’s Suffolk University, College of Arts & Sciences, Center for Restorative Justice (http://www.suffolk.edu/research/6953.html,
“restorative approaches seek a balanced approach to the needs of the victim, wrongdoer and community through processes that preserve the safety and dignity of all".

Restorative Justice involves a fostering of dialogue between the offender and the victim, and has shown the highest rates of victim satisfaction, true accountability by the offender, and reduced recidivism.

RJ programs reflect restorative rather than retributive justice response to crime by identifying and taking steps to repair harm, (ensuring accountability), involving all stakeholders (victims, offenders and community), and by transforming the traditional relationship between communities and their governments in responding to crime.

In Restorative Justice programs, the focus is on crime and wrong-doing as acted against the individual or community rather than the State. RJ processes emphasize repairing harm caused or revealed by criminal behavior. The focus on the needs of victims and offenders forges powerful connections and individual transformations, which is speeds healing rather than a focus on satisfying the abstract principles of law or the need of the community to exact punishment.Through RJ, the person who has done harm (offender) and the person who has been harmed (victim) take an active role.
In The Little Book of Restorative Justice by author Howard Zehr, Restorative Justice posits a paradigm shift that is best understood by asking the oft-quoted "three questions." The more common three questions for a system of justice to ask are "1. What laws have been broken?, 2. Who did it?, 3. What do they deserve?" Restorative Justice asks, "1. Who has been hurt?, 2. What are their needs?, 3. Whose obligations are these?”


“Restorative justice is a value-based approach to conflict and harm. These values are often identified as inclusion, democracy, responsibility, reparation, safety, healing and reintegration. But one value is more essential than any other—Respect.” (Suffolk University)
Here in the 11th Judicial District, Full Circle Restorative Justice (FCRJ) addresses the harm caused by crime, and provides opportunities for victim empowerment and restitution, while supporting offender accountability and integration back into the community.

Full Circle provides a safe framework of conferencing to meet the needs of victims, communities, schools and offenders, while minimizing the youth involvement within the legal system.

Restorative Justice has the unique power to transform lives, and reduce recidivism and the high cost of crime and incarceration. The benefits of Restorative Justice include giving victims a voice in the justice process, enabling offenders to understand the impact of their actions on a victim, as well as the community, and providing opportunities for offenders to repair the harm and to help ensure positive future choices.

Bottom line:
Restorative Justice saves taxpayer money. The cost of incarcerating one youth for one year in a detention center or prison is $24,000 to $50,000+.

Recidivism rate after “warehousing” our youth: High.

The cost of deferring a youth post-crime to Restorative Justice programs: Approximately $150, and dedicated volunteer hours.

Recidivism rate after Victim and Offender connect in a supportive restorative circle: Low.

Pretty much price-less.

(The Full Circle Restorative Justice Board of Directors includes residents of Chaffee, Fremont and Saguache counties dedicated to the promotion of restorative justice as a recidivism prevention and community-building process. The focus of Restorative Justice is not punitive, but rather on addressing and resolving the underlying issues and conflict inherent in a dispute. Full Circle conference facilitators are trained to reach an understanding of each unique situation. Facilitators mediate conflict and develop a written agreement which addresses the issues and focuses on repairing the harm done -- by means of restitution, community service, and other sanctions. Offenders have the choice to fulfill their mutually-agreed upon contracts or return to the court system.)

By Patty LaTaille
Executive Director
Full Circle Restorative Justice
fullcirclerj@gmail.com
719 221-3069

Published online at The Salida Citizen on April 23, 2010 http://salidacitizen.com/salida/community/

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