Close to Home: Restoring lives through a different justice

For more than 15 years, I have been involved in projects and organizations that promote the use of restorative justice practices in Sonoma County, California and the United States.

Restorative justice is a theory to create a more peaceful, and I would submit a healthier, approach to problem solving when harm is inflicted or there has been a violation of legal and human rights. This concept is being utilized in the criminal justice system, schools, social services and in many communities throughout the world.

The theory is that individuals and communities are bound together by mutual support and obligation to one another, creating a wholeness through relationships. Restorative justice offers a collaborative, neutrally facilitated process by which the wrongdoer, victim(s) and community members can decide through direct dialogue how the wrongdoer can make things right. The goal is, to the extent possible, to have the wrongdoer restore the wholeness that existed before the harm occurred.

Through direct dialogue, the collaborative process is designed to address the following questions: What harm has been done and to whom?

What are the victim’s needs? Who has the obligation to address the needs, right the harm and restore the relationship?

This restorative process is not a substitute for the criminal justice system but works in tandem with it. The wrongdoer has to voluntarily take responsibility for his/her action and is directly accountable to the victim.

Another aspect of restorative justice is the direct community involvement in supporting the victim and the wrongdoer as he/she works to make things right with the victim and the community. If the wrongdoer succeeds, the community has an obligation to recognize the achievement and reintegrate the person back into the community.

Everyone has a voice in the process and must be heard and respected. Each participant has an opportunity to tell his or her own story. Unanswered questions can be asked and addressed by all participants. If the collaborative process fails because an agreement cannot be reached, the case is returned to the criminal justice system.

Restorative justice has a presence in Sonoma County. Both the Sonoma County Juvenile Court and criminal court have referred and continue to refer a limited number of cases for restorative justice processing. The criminal court has recently begun including young adults ages 18-25 for restorative justice resolution of their cases.

The Santa Rosa school district has started using restorative justice practices in place of previous expulsion and suspension hearings. The long-term goal is to create a restorative culture within the schools. Sonoma State University has initiated a restorative justice process for resolving violations of dormitory rules.

If we believe that we should strive to create a healthy community built on relationships and unity, then expanding the presence of restorative justice practices is a necessary component. Community participation and support is critical in achieving this goal.

Repairing the harm should be the focus of a just response to a large portion of cases rather than punishment only. Though other avenues are explored, incarceration can be agreed upon as part of a restorative resolution.

It makes common sense to encourage offenders to take responsibilities for their actions and be accountable directly to the victim. It makes common sense that if an offender makes things right, he or she earns an acknowledged re-entry into the community and regains the respect of the community members. It makes common sense to allow victims full participation in deciding the outcome of how their needs should be met.

Our community can make this happen.

Arnold D. Rosenfield is a retired Sonoma County Superior Court judge. He will be a panel of experts discussing restorative justice on Feb. 21 at 7 p.m. at Congregation Shomrei Torah. The event, which is free to the public, will include the screening of a local film on the program.