Beyond crime and punishment: Restorative justice grows


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A revolution is quietly taking place in criminal justice. Restorative justice, a system of legal resolution that involves the victim, offender and community, emphasizes repairing the harm caused when a crime is committed. Crime victims are part of the process of resolution, and criminals take responsibility for what they have done.

Restorative justice has grown especially in juvenile justice, where young offenders are expected to face the consequences of their crime and remedy it. Victim-offender mediation, one type of restorative justice, has grown exponentially in the past two decades and can be found in 44 states. A number of states have restorative justice coalitions. And the philosophy is spreading outside criminal justice; schools are beginning to replace zero-tolerance policies with restorative justice principles. This school year, the Chicago Public Schools formally adopted a restorative justice philosophy in the student code of conduct.

The concept is growing internationally, as well. A large study published this year by the London think tank the Smith Institute showed that restorative justice reduced repeat offending and repeat imprisonment, lowered criminal justice costs and gave crime victims greater satisfaction than did conventional criminal justice. Lead researchers Lawrence W. Sherman of the University of Pennsylvania and Heather Strang of Australian National University say restorative justice, already in use in thousands of settings, is ready for broader adoption.

Restorative justice has roots in the world’s religious traditions. Religion is often seen as a source of conflict in the world today. Yet religions also offer the promise and practice of peace through their teachings. Justice is a key concern of religions, which can provide theological and institutional resources to advocate for peacemaking, reconciliation and conflict resolution. Restorative justice is even taking hold in religious institutions, which are not immune themselves to wrongdoing and conflict.

Why it matters

In the United States today, one out of every 32 adults is involved in some way in the criminal justice system, according to the U.S. Department of Justice. With prison populations continuing to grow, no policy-maker would say that the justice system effectively deters crime. Restorative justice offers possibilities beyond crime and punishment. Its applications are many, and it continues to be studied for evidence of its effectiveness. It offers benefits for those who have been hurt by wrongdoing at the same time that it teaches responsibility and empathy to lawbreakers, making it both preventive and restorative.

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Background

Angles for reporters

Restorative justice is a large field that brings together criminology, social work, law and ethics. Here are some ways to approach a story:

Restorative justice has been studied in places where it’s been implemented. Check with criminologists who are familiar with the research. What do they say about what needs to be proved or disproved?

The concept has been adopted in some parts of the criminal justice system. The likeliest established applications are juvenile justice and victim assistance. These are good entry points for a local story that can link what is already being done with new developments in the field. What have local programs learned and accomplished? What are the successes and failures?

Some of the newer applications of restorative justice include:

  • School discipline
  • Defense-initiated victim outreach, in which lawyers for a criminal defendant seek to work with a crime victim within religious institutions
  • Family violence
  • Re-entry of ex-convicts into their communities after imprisonment

Are any of these efforts under way in your area? What role do religious leaders and congregations play?

Restorative justice experts point to “transitional justice” as one growing area. Transitional justice seeks to provide accountability and stable civic life in countries with histories of atrocities or abuse by authorities. South Africa’s Truth and Reconciliation Commission is the best-known contemporary example of a country’s reckoning with crimes of its past. The U.S. has had one experience with this process. The Greensboro, N.C., Truth and Reconciliation Commission investigated a 1979 killing of demonstrators. The commission made a controversial report in 2006 after two years of inquiry. In March 2007, the Greensboro City Council refused by a 5-4 vote to consider the report’s recommendations.

The National Conference on Restorative Justice will take place June 24-27, 2007, at Schreiner University in Kerrville, Texas. It will bring together practitioners of restorative justice. Faith leaders are involved; one track of programming deals with faith groups and restorative justice.

National sources

International sources

  • Tom Cavanagh is an American working at the University of Waikato in Hamilton, New Zealand, on restorative justice in education. The practices of New Zealand’s Maori people have shaped the development of restorative justice. Contact cavanagh@waikato.ac.nz.
  • Michael L. Hadley is editor of The Spiritual Roots of Restorative Justice, which explores restorative justice in a variety of world religious traditions. He is an emeritus professor of Germanic studies at University of Victoria, British Columbia, Canada, and associate fellow at the university’s Centre for Studies in Religion and Society. Contact 250-472-4453, mlhadley@telus.net.
  • Christopher D. Marshall wrote Beyond Retribution: A New Testament Vision for Justice, Crime and Punishment. An expert in biblical ethics and peace theology, he teaches religious studies at Victoria University of Wellington in New Zealand. Contact chris.marshall@vuw.ac.nz.
  • Heather Strang is director of the Centre for Restorative Justice at Australian National University. She has done research in Australia and Great Britain on the effectiveness of restorative justice. Contact Heather.Strang@anu.edu.au.
  • The European Forum for Restorative Justice includes information by country.

Background

Regional sources

IN THE NORTHEAST

  • Restorative justice is the law in Vermont. Vermont may put misdemeanor and nonviolent felony offenders on reparative probation if they agree to participate in a restorative justice program operated by a community board. Read a Feb. 1, 2007, Rutland (Vt.) Herald article about a federally funded study of Vermont’s system showing that offenders who went through reparative probation were less likely to commit another crime. Contact David Peebles at the state Department of Corrections, 802-241-2261, dpeebles@doc.state.vt.us.
  • The Restorative Justice Project of the Midcoast in Belfast, Maine, has worked with victims and offenders to seek apologies for victims and to help criminals turn their lives around. The project’s chairman is the Rev. T. Richard Snyder, former academic dean of New York Theological Seminary and author of The Protestant Ethic and the Spirit of Punishment. Contact 207-338-2742.
  • Robert Heskett is executive director of Family Nonviolence in Fairhaven, Mass. He is heading a project to use restorative justice as an alternative to criminal justice in dealing with family violence. The project will involve area congregations. Contact 508-996-1100.

IN THE EAST

  • The New York State Community Justice Forum in Rensselaer, N.Y., provides training and assistance in community and restorative justice. The difference: Community justice works to prevent crime and promote community, while restorative justice works for reparation after a crime has been committed. Contact Janelle Cleary, 518-473-3652.
  • Sue Klassen is president of the Finger Lakes Restorative Justice Center in Rochester, N.Y. Contact 585-473-0970.
  • The Pennsylvania Prison Society has been working for more than 200 years on behalf of people in jail and their families. It has a restorative justice program. Barb Toews is manager of inmate family services at the society and author of The Little Book of Restorative Justice for People in Prison, published in 2006. Contact 215-564-4775 ext. 120.
  • The Balanced and Restorative Justice Drop-In Center for Juveniles opened Feb. 12, 2007, in Washington, D.C. It is designed for teens facing trial or revocation of probation. Contact Leah Gurowitz, director of legislative, intergovernmental and public affairs at District of Columbia Courts, 202-879-1700.
  • Alfred Blumstein is a criminologist at the Heinz School of Public Policy and Management at Carnegie Mellon University in Pittsburgh. Winner of the 2007 Stockholm Prize in criminology, he is an expert on prison populations, juvenile violence and crime deterrence. Contact ab0q@andrew.cmu.edu.

IN THE SOUTHEAST

  • Marty Price is a lawyer and mediator who has worked in restorative justice for two decades. He speaks and trains internationally on the subject. Price is currently teaching restorative justice in Argentina on a Fulbright grant. Contact him through the Victim-Offender Reconciliation Program Information and Resource Center in Asheville, N.C., 828-253-3355, martyprice@vorp.com.
  • Pamela Blume Leonard is executive director of the Georgia Council for Restorative Justice. Contact 404-651-3563.
  • Sarah Anthony is a lawyer and deputy director of Fair Trial Initiative in Durham, N.C., which promotes better defense in death-penalty cases to ensure fairness. She helped develop Defense-Initiated Victim Outreach in North Carolina. Contact 919-680-2986.

IN THE SOUTH

  • Michael Braswell teaches peacemaking, ethics and social justice at East Tennessee State University. His work has examined religious traditions as a source of learning peaceful behavior. His most recent publication is Transformative Corrections (Carolina Academic Press, forthcoming), co-edited with Dave Pollizzi. Contact 423-439-5963, braswell@xtn.net.
  • Jayne Crisp is a victim advocate and crisis response trainer with experience in faith-based work. She has trained community leaders after school shootings in Littleton, Colo., and Jonesboro, Ark. She has worked for Prison Fellowship Ministries. Contact jcrisp@aol.com.
  • Louisiana’s Catholic bishops spoke in favor of restorative justice policies in a 2002 pastoral statement “Let Justice and Mercy Meet.” The Louisiana Department of Public Safety and Corrections uses some restorative justice ideas and practices in its services, among them victim-offender dialogue. Contact the Crime Victims Services Bureau in Baton Rouge, 225-342-1056.

IN THE MIDWEST

IN THE SOUTHWEST

  • Bridges to Life is a faith-based restorative justice program based in Houston. It was started by John Sage after his sister was murdered. It works in 21 Texas prisons and one in Louisiana. Contact 713-463-7200.
  • Marc Levin, director of the Center for Effective Justice at the Texas Public Policy Foundation in Austin, has surveyed restorative justice in Texas. He says that contrary to popular perception, Texas can be considered a pioneer in restorative justice. Contact Levin, 512-472-2700.
  • The Baptist General Convention of Texas and the University of Texas at San Antonio Office of Community and Restorative Justice have discussed developing a consortium of restorative justice leaders for discussion and research. Contact Tomi Lee Grover, restorative justice specialist for the convention. Contact 214-887-5428, tomigrover@bgct.org.
  • Salt Lake City’s restorative justice program has earned attention. Mayor Rocky Anderson mentioned it in his 2007 state of the city address. Contact the mayor’s office, 801-535-7739.

IN THE WEST/NORTHWEST

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