CBA Record Feb-March 2018

RESTORATIVE JUSTICE IN CHICAGO Helping Communities Heal

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By Rosemary Thompson Editorial Board Member A s the stats below from the Criminal Justice Factsheet show, the status quo of law enforcement has been unsuccessful in stemming the tide of violent crime–especially with youngsters in the inner cities. A new venture in the application of restorative justice has united CBA members, teachers, clergy, cops, law students, and other volunteers to seek a solution to violence in too many of Chicago’s streets. Spearheading this effort, The John Marshall Law School has developed a Restorative Justice Project, headed by Professor Michael P. Seng and Judge Sheila Murphy (Ret.). Working as a team, all volunteers commit to implement restorative justice programs in some of Chicago’s at-risk middle schools. By influ- encing troubled kids before they become involved in gangs or fall head-first into the criminal justice system, the restorative

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justice programs offer kids an alternative to violence when it comes to problem-solving. Restorative Justice vs. Traditional Justice In modern society, there is a role for both types, depending upon the perpetrator and the gravity of the offense. Restorative justice may be most effective when used with pre-teen kids, but has also succeeded behind prison walls. An alternative to retribution, restorative justice programs endeavor to heal the perpetrator, the victim, and the community–in body, mind, and spirit–and forge healthy solutions when future conflicts arise. The theory behind restorative justice is that crime is an offense against the person and the com- munity–rather than the State. According to Professor Seng, “Restorative justice is harmony among people, restored after a time of discord.”

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In his book, Changing Lenses–A New Focus for Crime and Justice, author Howard Zehr observed that both approaches to seeking justice can be distilled as follows: Restorative justice asks: Who has been hurt? What are their needs? Whose obliga- tions are these? What are the causes? Who has a stake in this situation? How can we involve stakeholders to address causes and put things right? In contrast, traditional jus- tice asks:What laws have been broken?Who did it? What do the offender(s) deserve? Restorative justice is hardly a fuzzy, feel- good, new age concept. In ancient Sumer, approximately 2060 b.c.e., a legal code required restitution for violent offenses. Circa 1700 b.c.e., the Code of Hammurabi required payment for property damage. In biblical times, Exodus 22:1-14 specified restitution for property crimes. Under the Brehon Laws in Ireland during the 7th and 8th centuries, compensation was used as just recompense for most crimes. Here in America, the Mennonite, Quaker, and Amish faiths used restorative justice prin- ciples to heal their communities after crime when possible. Espousing a principled pacifism, these faith traditions viewed restorative justice intervention as a more humane alternative to harsh, State-imposed juvenile and criminal justice systems.

Criminal Justice Fact Sheet • From 1980-2015, prison population increased from roughly 500,000 to over 2.2 million. • Blacks and Hispanics made up about 32% of the U.S. population and 56% of prisoners in 2015. • The U.S. is about 5% of the world’s population, yet holds 21% of the world’s prisoners. • Black kids represent 32% of children arrested, 42% of children detained, and 52% of children whose cases end up in criminal court. • One in every 37 U.S. adults, or 2.7% of the population, is under correctional supervision . • 35% of black students in grades 7-12 have been suspended or expelled compared to 20% of Hispanics and 15% of whites.

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