The Marin County Civil Grand Jury is calling for broader use of “restorative justice,” a law enforcement philosophy that emphasizes reconciliation over punitive retribution.
In a new report, “Restorative Justice: Its Time Has Come in Marin County,” the grand jury acknowledged that the practice strikes some as “soft on crime.”
But after studying its use elsewhere — in places such as New Zealand, Brazil, Vermont and major California cities — the grand jury said its expanded use in Marin could save the taxpayers money, reduce recidivism and ease the burden on courts, the county jail and Juvenile Hall.
“Expansion of restorative justice in Marin County — by schools, the adult and youth criminal justice systems, and neighborhoods and communities — must be undertaken,” said the grand jury, a 19-member investigative watchdog panel empowered by the judiciary.
Under the restorative justice approach, offenders meet with community facilitators and sometimes the victims, discuss the impact of their actions, and negotiate how to make appropriate amends.
The offender then has a chance to perform community service, make restitution or seek therapy for addiction or behavioral problems. If the offender meets the agreed-upon obligations, he or she can avoid prosecution.
“Proponents assert that this approach provides satisfaction to the victim as well as to the community affected by the crime and prepares the offender for a crime-free future in ways the traditional punitive justice system does not,” the grand jury said.
The report noted that some restorative justice programs have been instituted in Marin, with good results:
• Peer-to-peer “courts” and other initiatives at Del Mar Middle School in Tiburon, Davidson Middle School in San Rafael and the Novato Unified School District have reduced bullying and disruptive behavior, while keeping students in school rather than suspending or expelling them.
• The Marin County Youth Court, run by the YMCA with the backing of Marin Superior Court, puts misdemeanor offenders before lawyers and jurors of their own peers. Offenders who succeed with community service or counseling requirements can avoid having a criminal record.
• The Victim Offender Reconciliation Program, for offenders 12 to 17 years old, provides mediation between juveniles and crime victims, and lets the offender make direct amends.
• Adult drug court, family violence court and other special court programs, which seek to reduce offenders’ contact with the criminal justice system and keep families together.
But the grand jury said officials should do more. Among other recommendations, the report calls on the district attorney’s office to cut back on resource-consuming misdemeanor prosecutions in favor of diversion or citation hearings; the Board of Supervisors to provide funding for restorative justice programs and training; all Marin school districts to introduce restorative practices; and the sheriff’s department to initiate restorative justice programs at the county jail.
“Although the District Attorney’s Office provides mediation services and citation hearings for various civil and criminal disputes, it and the Sheriff’s Department appear to be significantly less supportive of expanded use of restorative justice techniques,” the report said.
Undersheriff Mike Ridgway disagreed, saying the county jail offers preparation for high school equivalency exams, English language instruction, addiction treatment, safe sex education and support groups.
“The sheriff’s office has long operated and supported programs within the Marin County Jail that attempt to address the reduction of prisoner recidivism and improve their chances for successful reintegration into the community,” Ridgway said.
The grand jury ordered formal responses from the sheriff, the district attorney, the public defender, the county superintendent of education, the Board of Supervisors, the county education department and the local school districts. They have 60 to 90 days to respond.
Defense attorney Charles Dresow, who handles many juvenile cases, said the grand jury “is absolutely right that the time for restorative justice has come to Marin.” He said the practice works, but even if an offender fails, prosecutors are still free to file charges.
“The filing of a criminal case can be catastrophic to a young adult’s job, education and future contribution to society,” Dresow said. “There is no need to derail a young individual’s future because they made a mistake in their youth.”
Defense attorney Tracy Barrett said the grand jury was correct to counter the notion that restorative justice is “soft on crime.”
“My experience is that there is actually far more accountability for defendants participating in those programs than there is for the defendant who is simply sentenced to jail time,” she said. “Ask any drug court graduate whether the program was easy. I’m sure you would get an earful.”
–This copyrighted story is reprinted with the permission of the Marin Independent Journal.