RESTORATIVE JUSTICEPresented November 8, 2014By: The California Conference for Equality and Justice

Sunshine Daye, Restorative Community Conferencing Director

Wende Nichols-Julien, Executive Director

What does the Juvenile Justice

System Look Like?

Arrest

Referral to District

Attorney

Petition filed

Adjudication (trial)

Disposition (Sentencing)

DJJ Home on Probation

Suitable placement

Camp

Retributive

Referral to Probation

Arrest

Referral to District

Attorney

Petition filed

Adjudication (trial)

Disposition (Sentencing)

DJJ Home on Probation

Suitable placement

Camp

Diverted to Restorative Community

Conferencing

Referral to Probation

WHAT IS RESTORATIVE JUSTICE?

Restorative Justice Requires

a Shift in the Way we Think

If crime is a wound, then justice should be healing.-Howard Zehr

FROM: You do the crime you do the time

Criminal/juvenile justice asks:

1.What law was broken?2.Who broke it?3.What punishment is warranted?

TO: Justice as Healing

Restorative Justice asks:

1.Who was harmed?2.What are the needs and responsibilities of those affected?3.How do all affected parties together address needs and repair harm?

Restorative Justice focuses on the youth taking responsibility without the threat of prosecution or punishment

WHY RESTORATIVE JUSTICE?

“DISPROPORTIONATE MINORITY CONTACT” “Disproportionate minority contact” (DMC) refers to

the over-criminalization of youth of color at every phase of the JJ system

Youth of color are 38% of the youth population in the U.S. and yet comprise nearly 70% of youth confined

In Los Angeles County, cases involving White youth as offenders are significantly more likely to be diverted than cases involving Black or Latino youth

In L.A. County, 43% of white youth referred to juvenile court had a petition filed against them compared with 60% of Black youth and 54% of Latino youth*

*All statistics taken from the Haywood Burns Institute at http://www.burnsinstitute.org/state.php?custom1=California.

COLLATERAL CONSEQUENCES Adjudications in juvenile court are not convictions

for immigration purposes but they may trigger conduct-based grounds to deport (ex: “drug abuser”)

Youth may be suspended or expelled from school for a “delinquency” adjudication

Youth adjudicated “delinquent” for a felony offense are required to submit to the State DNA database

Adjudications of “delinquent” can have a negative effect on public benefits applications, employment, housing, and military enlistment

If a youth is ordered to pay a fee in informal juvenile traffic court, they cannot get their license until they pay the fee

DOES RESTORATIVE JUSTICE WORK?

SUCCESSES OF RESTORATIVE JUSTICE

A study of six victim-offender mediation programs in California found that five out of six programs decreased recidivism;

All six programs increased restitution actually paid;

And all six programs reported over 90% of youth and affected people were satisfied with the process.

In one year, Restorative Justice for Oakland’s Youth (RJOY), working in an Oakland Middle School decreased the suspension rate by 87%.

For every $1 spent on Restorative Justice, $8 is saved in the long-run.

HOW DOES RESTORATIVE JUSTICE WORK?

3 BASIC MODELSVictim-Offender Mediation

Youth and affected person are worked with first separately and then brought together

Generally utilized when the youth is already adjudicated and may be in detention

Family Group Conferencing Family members play an important role Often a family caucus is called during the process to think of

a proposal for the plan, which is then brought back to the affected person

Peacemaking Circles Community & family members are essential Talking piece passed around, and each person takes a turn to

speak while holding the talking piece Not always in response to a crime

Police, Probation or DA refers the case to Restorative Community Conferencing (RCC)

RCC facilitators meet with each side individually

RCC facilitators convene the conference

Everyone has a chance to talk about how they were affected

The person who caused harm takes responsibility

The group comes up with and agrees to a plan to make things right.

The RCC facilitator supports the responsible youth in completing the plan.

The RCC facilitator informs the referring agency about plan completion and the case is dismissed.

WHAT DOES A RCC PLAN/AGREEMENT LOOK LIKE?

The RCC plan is intended to be Individualized Specific Achievable Creative Relevant

Examples of what could be included: Community service Restitution (monetary, returning something taken,

fixing something that was broken) Apology letter Developing a skill or interest the youth has Anger management, counseling (individual and/or

family)

WHEN YOU WERE GROWING UP, WHAT WAS THE ROLE OF PUNISHMENT IN DISCIPLINE (HOME OR SCHOOL)?