Restorative Justice

At the Restorative Justice Center we will focus on the use of the term “restorative justice” as it is used in the criminal justice system.  It is a theory of criminal justice that views crime as an act against an individual or community rather than the state.  Generally restorative justice is justice that emphasizes the harm caused by criminal behavior. According to the Center for Restorative Justice at Suffolk University, “Restorative solutions engage those who are harmed, wrongdoers and their affected communities in search of solutions that promote repair, reconciliation and the rebuilding of relationships.”  The goal is to repair harm to all involved – victim, community and offender, with a view to putting things as right as possible.  It is a response to crime that focuses on restoring the losses suffered by victims, including the community, holding offenders accountable for the harm they have caused and helping them to improve their lives so that they will be less likely to offend again.  Susan Sharp in Restorative Justice: A Vision for Healing and Change, 1998, said it very well,

“Restorative Justice is fundamentally different from retributive justice.  It is justice that puts energy into the future, not into what is past. It focuses on what needs to be healed, what needs to be repaid, what needs to be learned in the wake of crime.  It looks at what needs to be strengthened if such things are not to happen again.”

Problem Solving Courts

A part of the restorative justice movement is the emergence of problem solving courts, which use the authority of the judiciary in new ways to address difficult problems.  Some of the unique characteristics of problem solving courts are:

·        A shift from simply case processing to problem-solving

·        Assessing offenders needs and designing alternative sentencing programs

·        Intentional involvement of community

·        Collaboration and referral with other disciplines – health and social services

·        Cooperation between prosecutors and defenders in seeking solutions for defendants

·        Judicial monitoring – more proactive role for judges – inside and outside the court room

Atlanta’s Community Court as a Problem-Solving Court

Atlanta’s Community Court combines several kinds of problem-solving courts under one umbrella.  The treatment alternatives programs and the Women for Women program of the Court function much like drug courts and mental health courts in other court systems. Domestic violence cases are handled similarly to those in domestic violence courts. Other programs are like community courts elsewhere that have been established to address “quality of life” or “livability” crimes that negatively impact neighborhoods.

“Quality of life offenders” commit such crimes as public urination, aggressive panhandling, street level prostitution, and low level drug offenses.  In Community Court, it is sometimes possible to identify a person or persons who are victims of crime and involve them in the restorative process.  More often, however, the Court views the community as the victim of quality of life offenses.  Offenders participate in community service projects to repair the damage they have done, a form of restitution to the victim, in this case the community.  At the same time, defendants are offered help with the underlying causes that bring them back to court for these sorts of offenses.

These “problem-solving” courts all attempt to use the authority of the judiciary in new ways and are characterized by a number of unique elements: a problem-solving focus; team approach to decision-making; referrals to treatment and other social services; ongoing judicial monitoring; direct interaction between litigants and judge; community outreach; and a proactive role for the judge inside and outside of the courtroom.