CBA Record Feb-March 2018

How it Works in Practice In the school context, restorative justice programs seek to repair the harm by making the offender accountable to the victim and the community. Care must be taken by trained facilitators to gain the trust of all parties and establish dialogue that leads to the eventual healing of the episode for all. Using traditional circle ritual and structure to involve all interested parties, the restorative justice circle is a sacred space where absolute confidentiality is observed and respected–not unlike the approach used by Alcoholics Anonymous. Restorative justice goals might include teachers and students working together to devise classroom experiences that transcend the harm and promote long-term healing. The collective nature of restorative justice takes time, and requires an action plan to transcend the trauma for all and, ulti- mately, to find a way to bring the offender back into the community. No Child is Born Bad As recounted inThomas Cahill’s bestseller, A Saint on Death Row–The Story of Domi- nique Green , at-risk children are frequently victims of abuse or ignored by society and left to fend for themselves. Young Domi- nique was a street kid who protected his younger sibling as best he could–even if it meant spending the night together in a dumpster. Young Dominique’s mother was deeply disturbed, and meted out discipline to her children by putting cigarettes out in their palms or holding their little hands over a lit gas stove. When Dominique was 6 years old, two “friends” of his father broke into their house intending to kill Dominque and his younger brother; they also planned to rape his mother in retalia- tion for a drug deal gone bad. They did not succeed. The following year, Dominique endured another trauma—he was raped by a clergy member at the parochial school he attended. As life unfolded unhappily for Dominique, he, like other abused kids, viewed his life as valueless and became involved in on-going skirmishes with the law. At the age of 18, Dominique and 3 other boys were arrested for the shooting of a man outside of a convenience store. Dominique may have joined in the rob-

bery, but insisted that he was not the trig- german. Notwithstanding legal errors and protests from the victim’s family, Domi- nique spent the last 12 years of his life on death row, and was executed. During these 12 years, Dominique underwent a pro- found healing and grew from a neglected, abused teenager into a man of character. Beginning with other death row inmates, Dominique found his vocation. He taught them forgiveness, urging other inmates to forgive anyone who had harmed them, and if possible, seek forgiveness from those they had harmed. By his kindness and example, Dominique became a spiritual guide for other prisoners on Death Row. As a member of Dominque’s legal team, retired judge Sheila Murphy came to know Dominique well. In time, she earned his trust and Dominique poured out to her his life story–abuse by an alcoholic mother, an absentee Dad, a devoted grandmother who died when Dominique was only 9 years old. Yet, notwithstanding all the horror and abuse he endured, Dominque turned his life around in prison, educating himself and other prisoners while reaching out to the world. One of his lawyers gave Domi- nique a book by Archbishop Desmond Tutu, who spearheaded South Africa’s Truth and Reconciliation Commission, entitled “No FutureWithout Forgiveness.” Subsequently, a correspondence began between the two men. Archbishop Tutu came to see Dominique and later said, “Dominique is a good advertisement for God.”The “Arch”, as he is called, contacted the widow of the victim. She told Tutu that she was certain that Dominique did not shoot or kill her husband, and did not want him to be executed. In the words of Sheila Murphy, or “Mom” as he called her, “If only Domi- nique had the benefit of a restorative justice program in his early years. It was because of Dominique that I approached Professor Michael Seng with the idea of a Restorative Justice class at The John Marshall Law School. I vowed to continue the struggle and save others from the pain, sorrow, and death that Dominique suffered.”

Wan t t o know mo r e abou t restorative justice? Restorative Justice in Practice: A Holistic Approach, edited by Shelia M. Murphy and Michael P. Seng, is now available from Vandeplas Publishing.

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CBA RECORD 13

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