This series of fictionalized narratives will deal with the authentically chaotic criminal justice system in San Francisco and what our highly regarded District Attorney, George Gascón, has undertaken to discourage the endemic criminal violations that impact our city’s neighborhoods. His pilot program, called Neighborhood Court, was announced during the spring of 2011 and is now well on its way of making a difference in our lives. As a restorative justice program, Neighborhood Courts will strengthen communities undermined by criminal activity. That is Gascón’s ambitious goal.
In the coming weeks and months, I will approach the entire subject of Restorative Justice, by describing:
• The offenders who commit the infractions (sometimes called petty offenses) and the misdemeanors (criminal offense that is less serious than a felony and more serious than an infraction).
• The victims and what the system can do to repair the harm done to them, including issues material, financial, emotional and social.
• The community represented by trained volunteers brought together under compelling circumstances, each seeking in a selfless way to play a role in reinventing as broken judicial system.
To prepare for this task I have positioned myself as an unofficial embed inside the District Attorney’s Neighborhood Court Program as an Adjudicator. I have willingly signed a legal document called a Code of Conduct Agreement that prohibits me from disclosing any confidential information received in the course of my service to Neighborhood Court or employing such confidential information for personal gain. It is my intention to report only my experience as a panelist in ways that intentionally promote public confidence in the integrity of the Neighborhood Court process. That is my tact because it is the truth. Let’s get started, shall we?
Restorative Justice?
Another damn starry-eyed Progressive crusade? Not so fast. I suggest that you had better pay attention. It could very well affect your life, the lives of your children and the lives of your children’s children.
What first caught my attention about the program was the compelling fact that restorative justice has been used by indigenous populations going way back to a time of Native American “sentencing circles” and prehistoric Maori justice in New Zealand. Not matter what it is now called, it is a modern development that assumes that if low-level crimes, such as taxi fare evasion, shoplifting, or selling tobacco to a minor, could be handled in the neighborhood where the violations happened, a different result would be achieved. Instead of going to criminal court for these kinds of “life misdemeanors” the cited offenders are offered a chance to come to an agreement with a "neighborhood court." By simply admitting responsibility, the cited individuals are sent to a panel of community members who listen to his story and sentence him to some kind of "restorative justice," such as cleaning up graffiti or writing a letter of apology. Once he completes the assignment, his record for the offense will be cleared. Hooked yet? Please stay tuned.
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