Victims’ Rights and Restorative Justice: Is There a Common Ground?

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Frequently writing and speaking about youth justice issues, especially restorative justice, has at times seemingly put me at odds with those who advocate for victims’ rights. Earlier this year I was in Washington, D.C., and met with members of a well-known group that lobbies for juvenile justice reform. They have opposed juvenile life without parole, harsh sentences, and adult transfer, while advocating for community based approaches and rehabilitation efforts to youth who have committed crimes. As we were discussing my own interest in restorative justice, one of them expressed to me his doubts that those working for victims’ rights could ever work together with those seeking reform of the justice system. I was surprised, since one of the foundations of restorative justice is supposed to be that it is victim centered, and that harm to the victim is what must be addressed first in any attempt to respond to crime.

Juveniles with Mandatory Life Sentences Should be Resentenced

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The recent decision (reported here by the L.A. Times) by the U.S. Supreme Court to ban mandatory juvenile life without parole has been rightly celebrated as a victory by activists and others interested in progressive policies. The ruling has left many scratching their heads in its wake though, mostly because the court ruled the sentences unconstitutional, but did not directly assign a process for revisiting the cases, many of which are decades old. A few opponents to the ruling are even contending that it cannot be applied retroactively. Youth Radio interviewed Jennifer Bishop, the President of the National Organization of Victims of Juvenile Lifers. Ms. Bishop, who has previously written for JJIE, is a victims’ rights advocate whose group focuses on those most affected by juvenile murderers: families.

Appeals Accepted in First Miller Cases

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Less than three weeks after a Supreme Court ruling mandated it, an Iowa court gives two inmates the right to appeal the life without parole sentences they were given years ago when they were 17 years old. “We’re thrilled to see these concrete steps being made,” said Jody Kent Lavy, director of the Campaign for the Fair Sentencing of Youth. “They are obviously required to do so,” she added. The Iowa cases may be the first nationwide re-opened under Miller v. Alabama. The Supreme Court said in Miller that sentencing judges must consider mitigating factors in dealing with juvenile homicide cases.