This is the sixth in a series of investigative reports and fictionalized narratives that deal with an authentically chaotic criminal justice program found in our city of San Francisco where the District Attorney, George Gascón, has launched a pilot program, called Neighborhood Court. As the DA likes to say, “As a restorative justice program, Neighborhood Courts will strengthen communities undermined by criminal activity.” During the five months of my involvement, I sense that the betting is on the DA pulling it off. I just hope we’re not too late. And I remain curious what will happen if George is not re-elected?
Based on the comments I’ve been getting, a more detailed look at the concept called Restorative Justice is called for. For some folks it’s hard to wrap their brain around it. So let’s take another look at it all. First, what are the pertinent questions you should be asking (according to experts)?
• What is it?
• What are its most basic principals?
• What is it for?
• What are the primary objectives?
• Why is it called Restorative Justice?
• How did the idea of Restorative Justice arise?
• What is the relationship of Restorative Justice to Legal Justice?
• What are the limitations of Restorative Justice?
The most complete resource I’ve found to answer all these questions is a report filed by Tony E. Marshall at the Home Office of Research Development and Statistics.
What is it? It is a process whereby the three parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future. Who are these three parties involved? That’s got to be, of course, the offender, the victim and the local community.
What is it good for? The objectives are clear: (a) to attend fully to victim’s needs - material, financial, emotional and social; (b) to prevent re-offending by reintegrating offenders into the community; (c) to enable offenders to assume active responsibility for their actions; (d) to recreate a working community that supports the rehabilitation of offenders and victims and is active in preventing crime; and (e) to provide a means of avoiding escalation of legal justice and the associated costs and delays.
What are the limitations? There are several limitations, but perhaps the biggest is that Restorative Justice relies in large part upon voluntary cooperation. If one party is not willing to participate the range of options is reduced. If neither party is willing, there is no option but to let formal justice take its usual course.
Next week I will take a look at the panelist - called adjudicators.
Please stay tuned.
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