In this case a visit to New Zealand made me ponder our US criminal justice system, too often dominated by punitive retributive thinking.

A tall Maori man, with a heavy build, stood in the criminals' box in Blenheim, New Zealand, while his lawyer sat at a nearby table.

The defendant looked older than his twenty years, and yet seemed somehow fragile, a gentle soul.

The crime to which he had entered a guilty plea was far from gentle: drunk one night at a bar, he had physically - not sexually - assaulted two women, knocking them down and kicking one of them.

The women, whose injuries were serious, had, as is the New Zealand norm, submitted a victim impact statement mentioning trauma and ongoing fear.

The defendant was there for sentencing before District Judge Bill Hastings, who hears cases in different cities on different days, a custom designed to protect impartiality.

As a visiting faculty member for two weeks in Wellington, I had met Bill through mutual friends and he had invited me to sit on the bench with him.

Not surprisingly, I experienced the day as an American worried about our own retributive system of criminal justice, and I learned a great deal that reflects on our current American debates.

In the defendant's favour were quite a few pieces of the case file, which Judge Hastings read out while I peered over his shoulder.

It was his first offense.

He had been undergoing severe depression, self-medicated by alcohol, but had already gotten his problem under control.

He had been willing to go into the "restorative justice" program, in which the criminal and victim discuss the event, led by a mediator, attempting to arrive at a reconciliation strategy - but the other side had refused.

He had numerous letters.

His tribal "Auntie" described his gentle temperament.

His mother, in a lengthy hand-written letter, not only supported that picture but mentioned that the mother of one of the victims had introduced herself to him and to her after church, and offered forgiveness.

His brother, sitting in the courtroom, had written that the assault is "one hundred percent" not who he is.

And his employer, a courier service, wrote quite a detailed letter saying that he was always on time, got on well with others, and in short was "a valued member of the FastTrack team."

The recommended sentence of community confinement, would, his lawyer said, prevent him from working and so impede his rehabilitation.

Bill addressed the defendant in a manner that was both decisive and what I can only describe as friendly.

Bill is very funny and does not take himself too seriously; warmth animates his voice and face.

He announced - as he had repeatedly during that day - that his job was to do three things: to denounce the crime; to deter others from committing a similar crime; and to encourage rehabilitation.

He then did denounce the crime and its emotional damages, but he said that instead of the recommended penalty, which would jeopardize employment, he was ordering alcohol and anger management counselling and the payment of a relatively hefty sum ($300) to each of the victims to compensate them for the emotional damage. Continue reading

• Martha C. Nussbaum is the Ernst Freund Distinguished Service Professor of Law and Ethics at the University of Chicago.
• Image: Wikipedia

"I am excited to expand my understanding of the impact of restorative practices through the opportunity to study in New Zealand, where these practices are well-established and integrated into the justice system," she said.

Pointer says New Zealand is a global leader in restorative justice, reintegration through restorative justice mechanisms.

She says restorative justice is increasingly being used with positive impacts on recidivism and community perception of ex-inmates.

Pointer says American society uses rituals of conviction and expulsion to label deviance, but lacks rituals to signal apology, forgiveness, and reintegration into the community.

"Given the promise of this [restorative justice] model and dearth of research on its potential in the United States, this project aims to investigate the structure and effectiveness of different reintegration models, paying particular attention to ritual components that signal lifting of shame and re-acceptance into society."

Pointer said, "Restorative practices continue to expand throughout the criminal justice system and school disciplinary arena."

"Through these efforts, a new focus on ‘restorative reintegration' is emerging."

"Contrary to the retributive model, restorative reintegration creates partnerships that promote positive social interaction, support, and accountability for the offender, enabling a more successful transition."

On Thursday, New Zealand's Justice Minister, Amy Adams, opened a two-day conference which is looking at how restorative justice can be used to better support victims of family violence.

"Restorative justice is one of the ways to provide support to victims and reduce reoffending.

Research indicates it's among the most cost effective justice sector interventions for reducing reoffending and improving victim outcomes," said Adams.

"Family violence is often characterised by isolation and secrecy. The inclusion of wider family support in restorative justice allows the wider community to acknowledge the impact and support change."

Pointer currently is the senior bilingual case coordinator at Longmont (Colorado) Community Justice Partnership, a nonprofit that provides restorative justice services to the Longmont community and schools.

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• Block Eight
• Yahoo News
• Image: islandcommunityjustice.com

She says it's clear restorative justice conferences are a useful tool in keeping offenders from going on to commit other crimes.

"It's estimated from the 1569 meetings held in 2011 and 2012, just over 1000 fewer offences have occurred as a result," Mrs Collins told Radio New Zealand.

Ms Collins says there will be about 3,600 restorative justice conferences this year and that every district court now has the facility to to enable these meetings.

While the restorative conferences only take place if both parties agree to attend, Mrs Collins says she plans to increase the conferences over the next two years.

Mary Betts of the Auckland Diocesan Justice and Peace Commission welcomed the Minister's comment.

She said the New Zealand Catholic Bishops in 2009 highlighted restorative justice as a means of reconciliation between victims and offenders, a successful way for offenders to realise the effects of their offending, and be less likely to re-offend.

On Monday a New Plymouth man, Jason Richards, 36, with 114 previous convictions, pleaded guilty to aggravated robbery.

Richards, along with two others was found guilty of getting another man drunk and drugged in an effort to rob him of $600.

The attackers, who king-hit their victim in a city park, found only his cellphone and $25 on him.

Richards' lawyer is asking for time to look into the prospect of a restorative justice conference.

Restorative justice meetings take before sentencing between an offender and a victim, with a trained facilitator also present. The process provides victims a safe environment where they can tell then offender of their experience.

Sources

• Radio New Zealand
• Stuff
• Image: Critic

Timaru District Council's community services group manager, Sharon Matson, said yesterday Project Turnaround had been advised verbally that it had secured the tender for providing the service over the next two years. "Until we see the final contract, we cannot provide more detail than that in terms of our numbers that need to be delivered."

Project Turnaround is a concept being used to resolve crime. It focuses on redressing the harm to victims while holding offenders to account for their actions.

Last month, the Ministry of Justice announced there would be a shake-up to the way restorative justice services were offered.

It was understood the ministry would look for fewer providers, who would deliver the service across a wider area. Continue reading

In peace ceremonies, the aggrieved parties come together in a public gathering to a neutral location with money and goods like animals, food stuffs etc. The money and goods are exchanged between the aggrieved parties preluded by heart-moving words of remorse, forgiveness, reconciliation, restoration and friendship from the chiefs and leaders of both sides witnessed by church and community leaders including officials of the law and justice.

The amount they give each other is dependent on the degree of damage or suffering one incurs or endures as a result of the conflict. Naturally the party that suffers the most or incurs the worse damage is given more and vice versa.

The peace agreement is profoundly binding and lasting because the amount of money and goods that are exchanged hands are have being negotiated and mutually agreed on by both parties in peace mediation. Negotiations continue if and when there is a disagreement until a final agreement is reached. Then the peace ceremony is equitably and amicably executed.

The money and the goods add substance and value to the whole peace making. Without either a peace agreement would deem vain and unbinding vulnerable to collapse sooner or later.

Tears and/or hugs are instant signs of total remorse, forgiveness, reconciliation, restoration, friendship, peace and harmony. They are the first indicators of a true and lasting peace.

Moreover, there is no loser in a peace ceremony. Both parties are winners.

In contrast, in a modern court of law, there is only one winner and it is either the complainant or the defendant depending on how one convinces the court with his or her evidence regardless of the veracity of the affidavits. The worst villain can bluff his or her way out making the innocent unjustifiably bear the brunt of the law.

On many occasions the victims of such legal blunders take the law into their own hands because they lose faith in the modern legal justice system. They seek justice themselves. Continue reading

Sources

• Keith Jackson and Friends
• Image: Beyond Borders

St Patrick's College Silverstream is the latest Wellington high school to adopt the restorative justice principles, with a no-detention approach for even the worst troublemakers.

The practice is becoming widespread in schools nationwide, with restorative measures - including encouraging naughty pupils to evaluate their behaviour - replacing traditional behaviour management methods.

While detentions, expulsions and suspensions have been typically used as forms of punishment to control pupil behaviour, restorative principles are based on the idea that a pupil needs to take responsibility for his or her actions.

St Patrick's Silverstream rector Gerard Tully said that fitted in with the school's focus on encouraging positive, respectful relationships between pupils and teachers.

Instead of being punished, a misbehaving pupil would discuss the impact of their actions with a teacher.

That could range from a two-minute chat to a formal, sit-down conference. While it would require a shift in thinking, it made more sense to prepare young people to be adults by tackling their problems, Mr Tully said.

"I used to be a real detention man: `If a student does things wrong there must be consequences.' But it's a waste of time. What do you achieve by making kids, if they've done something wrong on a Monday, come back on Friday afternoon and write out something out of a dictionary?

"It doesn't actually address the behaviour. This way, the student can think about what they've done wrong and who they've affected, and how we can resolve it in the future."

Continue reading Restorative Justice goes to school

Source

• Image The Dominion Post