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.

When the Fear Returns

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The first time I saw a stabbing victim was my second day in prison. I heard screams coming from the hallway, and then an officer came into view, dragging a prisoner by his shirt. The victim was moaning in pain and the officer was asking him who “stuck” him. I stood holding the bars, watching the scene with a kind of detachment that made it surreal. I was terribly frightened.

Pondering the Tragic Story of Cristian Fernandez

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October is National Youth Justice Awareness Month (Y – Jam). Events in more than 20 states and Washington, D.C., many coordinated by Campaign for Youth Justice, are meant to highlight the plight of youth prosecuted as adults, and to raise awareness and the political will to bring about changes in the laws that permit this practice. In many ways the situation for kids involved in crime is improving. Recent decisions by the U.S. Supreme Court have outlawed the death penalty for juveniles and limited the situations when juveniles can be sentenced to life without parole. Overall there is a willingness to explore alternatives to incarceration, and the traditional split between juvenile and adult offenders has been reinforced.

In Prison, A Boy’s Horrible Life

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Rape is not sex. No matter how superficially similar the acts might seem, they are fundamentally different. Most reasonable people would agree, and in our society rape is considered a crime. There is one place where things are different though: prison. Somehow, at least to many people, rapes that take place in that context are somehow different.

Releasing Juvenile Records to Universities Unfairly Burdens Youth

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I joined the Army in 1984, at least in part because I hated high school. I couldn’t stand the drudgery of boring classes, which, at least to my adolescent mind, were a big waste of my time. Even though my parents encouraged me to attend college, I was having none of it. My idea of what school looked like was pretty entrenched, and it took going to prison to get me back in the classroom. At the time, 1986, I had been in for not quite a year, and a lot of people told me that going to college would look good to the parole board.

Repairing the Damage of Conflicts with Community Conferences

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There is that moment after a conflict, maybe it’s an argument or some harsh words, when we want to reconnect with the other person, but we don’t know exactly how. We are embarrassed sometimes, or maybe afraid to be rejected or hurt again. Maybe we are in pain or ashamed, but we want to repair the relationship. We desire to move forward. This impulse is at the heart of restorative justice, and it occurs in conflicts large and small.

For Kids in Detention, the Power of Agape

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I have an unshakeable faith in the human potential for growth. Over and over I have seen men change: through religion, education, friendship, and many other avenues. I have also learned not to write someone off because they appear (and are!) difficult to be with. It is literally impossible to say who will respond to help. In 2007, I was in a four-day program called Kairos, a Christian ministry that was focused on bringing agape, usually translated into English as “love,” to men serving time in prison.

Following a New Roadmap to Juvenile Justice

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These days are exciting ones for youth justice in the United States. Several factors have come together to influence the evolution of the field, including the economic downturn, a recognition that traditional models have failed, and a wide variety of new alternatives. David Muhammad, the former chief probation officer of Alameda County California, and the former deputy commissioner of probation in New York City, writes in an August 28, post for New America Media, A Roadmap to the Future of Juvenile Justice, about programs around the country that are working. He focuses on several interrelated approaches. The first, Positive Youth Development, flips the usual approach of criminal justice, which views kids involved with the system as problems to be fixed, on its head.

Restorative Circles and the Heart of Justice

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My first “live” Restorative Circle happened a few days ago, in Rochester, New York. The circle started with seven people, and it ended with more than 50. It had really started a few weeks before. My partner and I had been hurt by an email that I had received, an email that we perceived as judgmental and prejudiced. The author sat across from us, along with one of her friends.