Restorative Justice is gaining popularity in the national court system. It focuses on repairing the harm the offender causes to victims and community, rather than focusing on punishment for the law that was broken. Sentences might include paying for damages
Restorative Justice is gaining popularity in the national court system. It focuses on repairing the harm the offender causes to victims and community, rather than focusing on punishment for the law that was broken. Sentences might include paying for damages or medical bills, apologizing, working for the company which was stolen from, cleaning graffiti or repairing vandalism
An offender might also have to take classes in anger management or substance abuse, or learn how to have more empathy for others. In some cases, a victim-offender mediation is scheduled so the victim gets to directly tell the offender the pain, suffering and quality of life that has been lost as a result of the offense.
They might ask for compensation for expenses incurred. Some people would rather have their losses restored and an offender learn better behavior than have them spend a long time in jail, which is also costly. But it isn’t for everyone.
Not only does restorative justice strengthen the relationship between the offenders and the victim; it gives the offender the chance to make it right and regain some dignity that was lost due to his bad choice of behavior. This restores his place in the community.
Restorative justice begins before court. It begins in the home when a child learns to take responsibility for any harm that he causes. Items (s)he breaks or takes are re-placed.
(S)He admits mistakes, asks how things can be made right, and does what needs to be done. The child learns to imagine how the other person feels who suffered from his/her actions. We all make mistakes, and you can bet that if I break something in a store, I’ll be expected to pay for it.
It is incredibly demanding to be a parent. No other job would expect someone to work 24 hours a day, seven days a week for no pay, and instead have to pay out constantly. Parents have to compete with media, social groups, and peers, and their own exhaustion to keep guiding their children on the path to success and happiness. This is where The Kaua’i Family Guidance Center can be a support. And sadly, if a child needs to be removed from the home for awhile,this is where DHS Child Welfare services may step in. Hale ‘Opio also offers emergency shelter.
Special education or counseling services may be required. It is a child’s right to be educated.
How can a child be successful if (s)he is not able to read, do math, understand others, or learn a job? Keeping a child out of school is educational neglect on the part of the parent, and it may require the deputy attorney general to get involved.
We know that adolescents are going to test what they’ve been taught, and sometimes make the wrong choices. They break a law and get caught. The Kaua’i Police Department has to step in and detain the child. They turn their police reports over to the county prosecutor’s office. If the violation is not a felony and it is the first time a child offends, the prosecutor refers the child to Hale ‘Opio Kaua’i Teen Court.
Using the Restorative Justice model, the respondents are asked: Who was harmed? Who is responsible to repair the harm? What needs to be done to make it right?
They write their answers down. Each respondent has a peer defense attorney, and will be prosecuted by a peer state’s Attorney.
Adult volunteer judges who are actually Kaua’i judges and lawyers preside over the hearing.
Peer juries listen carefully to the cases, and come up with sentences that focus on repairing the harm and helping the respondent make better choices.
The juries do a great job in deciding good sentencing requirements, which often include paying for damages, writing apology letters, and attending substance abuse, anger management or victim impact classes, receiving counseling, and/or doing community service.
When they complete their sentencing requirements, Hale ‘Opio notifies the prosecutor’s office, and the child’s record is cleared.
If the child does not complete the requirements, or if his/her case is a felony, the child will be prosecuted.
If the offense is drug-related, it is a first-time offense and the child admits guilt, he or she may be able to use Drug Court, which uses the Restorative Justice model as well.
If a child needs to go to court, and he or she can’t afford an attorney, there is a public defender who will represent him or her during the court process.
This is why we have all of these wonderful people “In Your Corner” for our youth.
Contact Annaleah Atkinson with your questions or comments at aatkinson@haleopio.org.
