June 1, 2006

Restorative Justice for Juveniles

Watch the evening news or read the morning paper. Crime is the topic of many lead stories and the hype of several headlines. What do politicians and citizens so often cry out for in response? Get tougher on crime!

As the Western criminal justice system continues in this vein—getting tougher and tougher—what is the actual outcome? Crime continues. Taxpayers fund increasing costs. Vengeance rules, and too few people ask, “What are the victim’s needs?”

The very definition of crime in this retributive system helps beget such results. Crime is viewed as a violation of the state instead of the actual victim. And the state determines what will be done about it.

On the other hand, with restorative justice, the victim takes the central position. Offenders are encouraged to accept responsibility for the harm they have caused. Community involvement is highly important.

Practitioners do not typically tout restorative justice as an immediate and complete replacement for the West’s current system, but would like to see things continually move in that direction. There has been an especially deliberate push for incorporating restorative justice options when dealing with juveniles.

In a book written by 2006 Community of Christ International Peace Award recipient Howard Zehr, Changing Lenses: A New Focus for Crime and Justice, he discusses Family Group Conferences (FGCs) that emerged in the late 1980s in New Zealand. The indigenous Maori people had voiced concerns that the Western legal response did not fit their cultural values. Zehr wrote: “The system was oriented toward punishment rather than solutions, was imposed rather than negotiated, and left family and community out of the process.”

New Zealand created a new juvenile system in 1989 that handled nearly all juvenile cases through FGCs. Continued adaptation has occurred and the approach has been considered successful. FGCs have been adopted in certain areas of other countries as well.

Balanced Approach

Psychologist Dennis Romig, PhD, (New Braunfels congregation, Texas) was involved with pioneering work in restorative justice in the United States during the 1970s. His work with at-risk youth and juvenile delinquents led him to co-author The Balanced Approach to Juvenile Justice (1988). Romig reports that almost 20 U.S. states have adopted this approach for juvenile justice.

Romig advocates for offenders to receive education, life skills training, and work competency development, and for interested church members to get trained to meet such needs. “A ‘balanced approach’ is not just locking up the offender and paying restitution to the victim. Something needs to happen to change the offender’s life.” Another key is that the approach seeks to take care of the victim’s needs.

Judge Ann Mesle, who handles juvenile dockets for Missouri Family Court, said, “We require many of our juveniles to participate in programs in which they learn how their behavior harms the victim.” Restitution payments are often required as well. Judge Mesle’s greatest joy is seeing an individual who has gone through this process and made positive changes. “That is a great feeling,” she said.

Judge Mesle’s belief in the dignity of human beings undergirds her work. “We only make a difference in the lives of juveniles and their families when we treat them with respect, hold them accountable, recognize the obstacles to their becoming productive citizens, and aid them in overcoming those obstacles.”

Taking Responsibility

Community Mediation Center director Diane Kyser (Ridgewood congregation, Missouri) shared a success story surrounding one youth’s situation addressed through her center. An elementary student damaged school property. Diane reported, “Based on the belief that kids can and should take responsibility for their own actions, a referral for mediation was made.”

A mediator sat down with the student and assistant principal. They shared their thoughts and the student took responsibility. As restitution, he apologized and agreed to pay for half the damages and do community service with the school janitorial staff. It worked so well that the assistant principal waived part of the financial payments in favor of additional service to the school, saying, “The difference in him is amazing.”

—Kendra Friend reporting

The 2006 Peace Colloquy will focus on restorative justice.

June 2006 Community of Christ Herald Vol. 153 No. 6