Restorative Justice: Reforming the Experience One Child at a Time

1. Restorative Justice: Reforming the Experience One Child at a Time Susan Hanley Duncan Dean & Professor of Law

2. Objectives • Define Restorative Justice • Understand the Values and Components of Restorative Justice • Discuss why Restorative Justice Principles Are Part of the Solution for Schools and Juvenile CoURTS

3. "Peace is not the absence of conflict but the presence of creative alternatives for responding to conflict -- alternatives to passive or aggressive responses, alternatives to violence."   -Dorothy Thompson

4. What is Restorative Justice? • Restorative justice is a broad term used to describe a way of thinking, a philosophy or a social movement to institutionalize peaceful approaches to harm, problem-solving and violations of legal and human rights instead of, or in addition to, using retributive models.

5. Retributive System Questions • Who did it? • What laws were broken? • How will we punish the offender? Dr. Howard Zehr Eastern Mennonite University

6. Restorative Justice Questions • What is the harm? • What needs to be done to repair the harm? • Who is responsible for the harm? Dr. Howard Zehr Eastern Mennonite University

7. How Alaska depicts RJ

8. RJ Practices at a Glance VictimImpactPanels/Classes Restitution Restitution Circle Sentencing Victim/OffenderMediation CONFERENCING MODELS Family Group Conferencing Reparation Boards Letters of Apology Community Service

9. How Schools Deal with Bullying Today? • Parents informed • Students referred to counseling or mediation • A penalty imposed • Freedom of movement restricted • Suspension • Expulsion Ken Rigby & E. Barrington Thomas How Schools Counter Bullying

10. Click for Video

11. Does it Work? • Victim Satisfaction • Offender Satisfaction • Restitution Compliance • Recidivism

12. Client Satisfaction • Typically 60% - 90% are satisfied • In some studies, satisfaction is higher for offenders than for victims • FGC satisfaction rates for both victims and offenders are typically higher in the U.S. than in New Zealand

13. Client Satisfaction: Meta-Analysis • Study pooled data: 27 VOM and 8 FGC studies • Victims were more satisfied in restorative programs than in traditional justice • Victims were slightly more satisfied in VOM than in FGC • Offenders were slightly more satisfied in restorative programs than in traditional justice

14. Fairness • Both victims and offenders feel they were treated fairly and had a say in the outcome • 85% to 90% of participants would recommend the process to others in similar situations

15. Restitution • Restitution may include apology, monetary payment, personal service and/or community service • Apology rates average about 70% and are higher than in traditional court proceedings • Agreement completion averages 85%

16. Diversion • Has greatly reduced court loads in New Zealand since being mandated in 1989. • Has also imposed greater sanctions in New Zealand than was the case before implementation, strengthening the net of social control. • Has not reduced court loads in other jurisdictions.

17. Recidivism • Studies of five programs report reduced recidivism ranging from slight to significant • One large study found reduced rates for violent youth but not for drunk drivers or juvenile property offenders

18. Correlates of reduced recidivism • A conference that is memorable • Not being made to feel a bad person • Feeling involved in conference decision making • Agreeing with the outcome • Completing tasks agreed to • Feeling sorry for what they had done • Meeting the victim and apologizing • Feeling they had repaired the damage

19. Pilot Project • Restorative Justice Louisville began in October 2009

20. Key Players • KY Administrative Office of the Courts • Clifton Universalist Unitarian Church • KY Department of Juvenile Justice • Disproportionate Minority Confinement Advisory Board • Jefferson County Attorney’s Office • Jefferson County Circuit Court Clerk • Jefferson County Public Schools • Jefferson District Court • Just Solutions, Inc. • Louisville Bar Foundation • Louisville Metro Criminal Justice Commission • Louisville Metro Human Relations Commission • Louisville Metro Police Department • Louisville Metro Public Defender’s Office • Luther Luckett Christian Church • Newburg Ministerial Association • Peace Education • Peace Works • Spalding University • Stoll Keenon Ogden PLLC • University of Louisville

21. Criteria • Usually first or second offenses • No transfer or waiver eligible offenses • No offenders who have been committed to Department of Juvenile Justice • No prior felony adjudication • No felony cases with the exception of Thefts or Assault Third Degree or written approval of Assistant County Attorney • No sexual offenses • All treatment or other requirements reached during Family Group Conferencing to be completed within 11 months.

22. Lessons Learned • Funding • Education • Managing the Case • Collecting and Analyzing Data

23. Sources for this PowerPoint • http://www.hss.state.ak.us/DJJ/pdf/restorative101.ppt#430,27,RJ Practices at a Glance