Retributive Justice vs. Restorative Justice
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Our current retributive justice system asks three questions:
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Restorative justice asks different questions:
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The Process of Restorative Justice
Restorative Justice facilitators help people harmed by crime or conflict come together - in a safe, confidential, facilitated environment - with those who caused the harm, and other people impacted by the event, to respectfully discuss the impact, obligations, and actions needed to repair harm and make things as right as possible.
The person harmed is given an opportunity to speak about the impact of the event, ask questions, and work together within the group to decide how the harm should be repaired.
The person who has done harm is given the opportunity to take accountability, to make things as right as possible, and to restore their place in the community.
The person harmed is given an opportunity to speak about the impact of the event, ask questions, and work together within the group to decide how the harm should be repaired.
The person who has done harm is given the opportunity to take accountability, to make things as right as possible, and to restore their place in the community.
Where Restorative Justice Works
Schools
In Schools prior to a student getting suspended or expelled; providing opportunity for the student to realize the impact of the actions taken, to work towards making it better, and to transition back into the school community. On January 9, 2014, the U.S. Department of Education released Guiding Principles - A Resource Guide for Improving School Climate and Discipline, which described restorative justice as a best practice to increase social capital in schools and provide a way for schools to help students learn from their behavior, grow, and succeed.
Foster Care and Group Homes
In Foster Care / Group Homes to provide the opportunity to resolve conflict in a way that supports connection with the members of the home as well as the staff, providing a better outcome for our young people most in need of stability and care.
Communities
In Communities to work towards unique solutions to issues ranging from: police relations, property disputes, the behavior of young people in the neighborhood, re-engaging formerly incarcerated returning citizens into the neighborhood, and socio-cultural differences. Anytime people live together in community, transformation of conflicts and greater community connection is possible.
Businesses
In Businesses to help the business deal with criminal behavior, to help management and employees be fully heard during conflict, to make conditions better in lieu of costly litigation, and to deal with regulatory infractions in a non punitive manner.
Criminal Legal System
In the Criminal Legal System to provide opportunities for better outcomes for victims and their families, accountability for those who did harm, and more stable communities by allowing those who did harm to atone and reintegrate fully into the community.
Restorative Justice in Florida Statutes
Section 985.155, Florida Statutes, allows the state attorney for each judicial circuit in Florida to establish a Neighborhood Justice Center for the purpose of operating a deferred prosecution program for first-time, nonviolent juvenile offenders.
The Ninth Judicial Circuit (Orange and Osceola Counties) has a Neighborhood Justice Center and the Twentieth Judicial Circuit (Charlotte, Collier, Glades, Hendry, Lee Counties) uses a Neighborhood Accountability Board based on this statute.
The Ninth Judicial Circuit (Orange and Osceola Counties) has a Neighborhood Justice Center and the Twentieth Judicial Circuit (Charlotte, Collier, Glades, Hendry, Lee Counties) uses a Neighborhood Accountability Board based on this statute.
Section 1006.13(1), Florida Statutes - Encourages schools to use alternate to expulsions or referral to law enforcement.
Rule 63E-7.016, Florida Administrative Code - Requires that a residential commitment program’s mission statement be consistent with the Department of Juvenile Justice’s mission and principles of restorative justice philosophy.
Rule 65H-2.005, Florida Administrative Code - Requires the Department of Juvenile Justice’s residential staff to be trained in restorative justice.
Rule 63H-2.006, Florida Administrative Code - Requires the Department of Juvenile Justice’s non-residential staff to be trained in restorative justice.
Rule 63H-2.007, Florida Administrative Code - Requires the Department of Juvenile Justice’s detention staff to be trained in restorative justice.
Restorative Justice in Florida Case Law
State v. VanBebber, 848 So.2d 1046 (Fla 2003), rehearing denied Aug. 25, 2003
In the VanBebber case, the Defendant was convicted of several counts of felony driving under the influence and given a downward departure sentence. The State appealed. The Second District Court of Appeal affirmed and certified conflict with a case from the Fourth District Court of Appeal. In that case, the Fourth District Court of Appeal did not uphold the downward departure sentence. Here, the Florida Supreme Court upheld the downward departure sentence. Justice Pariente, in a concurring opinion, discusses the a balanced and restorative approach to sentencing:
Justice Pariente states:
In the VanBebber case, the Defendant was convicted of several counts of felony driving under the influence and given a downward departure sentence. The State appealed. The Second District Court of Appeal affirmed and certified conflict with a case from the Fourth District Court of Appeal. In that case, the Fourth District Court of Appeal did not uphold the downward departure sentence. Here, the Florida Supreme Court upheld the downward departure sentence. Justice Pariente, in a concurring opinion, discusses the a balanced and restorative approach to sentencing:
Justice Pariente states:
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In this case, a lengthy prison term would satisfy only the goal of retribution. On the other hand, a balanced and restorative justice approach views crime as "more than a violation of criminal law" but also as a disruption "in a three-dimensional relationship of victim, community, and offender." See Leena Kurki, U.S. Department of Justice, Incorporating Restorative and Community Justice Into American Sentencing and Corrections (1999). It further recognizes that because crime “harms the victim and the community, the primary goals should be to repair the harm and heal the victim and the community. Id. The goal of any case disposition should be to promote public safety, competency development, and accountability. Further, sentencing that has been based on restorative justice principles has shown higher rates of compliance with payment of restitution amounts and in completion of community service. See generally Gordon Bazemore, A Vision of Community Juvenile Justice, 49 Juv. & Fam. Ct. J. 55 (Fall 1998).
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Dept. of Rev. v. Jackson, 846 So.2d 486 (Fla. 2003).
In the Jackson case, the Defendant was incarcerated and petitioned for modification (suspension or abatement) of his child support obligation until release from prison. The Fifth District Court of Appeal affirmed the suspension or abatement, and certified conflict with a case from the Fourth District Court of Appeal. Here, the Florida Supreme Court held that the trial court could hold the incarcerated parent’s petition for modification in abeyance pending release.
Justice Pariente, concurring in part and dissenting in part, states:
In the Jackson case, the Defendant was incarcerated and petitioned for modification (suspension or abatement) of his child support obligation until release from prison. The Fifth District Court of Appeal affirmed the suspension or abatement, and certified conflict with a case from the Fourth District Court of Appeal. Here, the Florida Supreme Court held that the trial court could hold the incarcerated parent’s petition for modification in abeyance pending release.
Justice Pariente, concurring in part and dissenting in part, states:
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Alternatives to incarceration could embrace a balanced and restorative approach to criminal justice. This approach requires the offender to be held accountable for his or her criminal actions by recognizing the harm done, including indirectly to his or her child, and by imposing a solution that would enable the offender to seek to repair the harm resulting from his or her criminal behavior, including the payment of child support.
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See also, Can Forgiveness Play a Role in Criminal Justice, where a restorative justice process was used during a pre-plea conference in the Second Judicial Circuit. This case is one of the only cases in the United States where a restorative justice process was used in a murder case. Here, the court accepted the pre-plea agreement crafted during a facilitated restorative justice conference by the victim’s family, the offender’s family, the offender, and a community member. This agreement included jail time of 20 years, and the offender will speak to local groups about teen dating violence during the 5 years of probation after his release.