A Court of Restorative Justice

Source:

CHICAGO—In most courts in the Cook County district, a person accused of a crime will have their case decided in a courtroom, by a judge. There’s little attempt to tackle any issues underlying the crime, and few alternatives to incarceration if they’re found guilty.A new court opening this summer in Chicago’s North Lawndale neighborhood is looking to change that equation for some offenders. The Restorative Justice Community Court will offer select young people charged with non-violent felonies or misdemeanors another way to redress alleged wrongs. Backed by a Department of Justice grant, the court will test whether its more holistic approach to confronting crime—offering mediation between the accused and accuser, and restitution targeted at the local community—will result in fewer young adults going to jail.

“It seeks to really create a new way of looking at the harm from crime,” said Judge Colleen Sheehan, the court’s overseer, adding that its processes will emphasize crimes’ effects on the neighborhood and amplify victims’ voices. She’s been working since 2014 to integrate restorative justice into the circuit court, per a directive from its chief judge.

The Circuit Court of Cook County was one of 10 jurisdictions around the country chosen last year to receive two years of funding, or $200,000, to pilot a community court—the likes of which, the Justice Department played up in its announcement, “can reduce crime and substance use, increase services to victims, reduce unnecessary use of jail, save money, and improve public confidence in justice.” The North Lawndale grant is administered by the Center for Court Innovation, a public-private partnership between New York state’s court system and a community-development charity.

Chicago’s court is distinctive among the grantees because of its foundation in restorative justice: a philosophy for dealing with conflict that brings together the victim, the person who allegedly harmed them, and community members to settle on an agreement for making amends. While the techniques used in restorative-justice programs aren’t new—they are connected to peacemaking sessions long used by Native American and Aboriginal communities and their courts—they began to be more commonly employed during prison-reform movements in the 1970s. …

For now, the enrollment process will work like this: Offenders will be diverted to the court through a screening system already set up by the state’s attorney’s office. If prosecutors come across someone qualified to take part—North Lawndale resident, 18 to 26 years old, charged with a non-violent felony or misdemeanor that was committed in the neighborhood itself—they’ll offer the person a chance to visit the court and learn more about it. Then, at the defendant’s next court date, he or she can choose whether to continue the proceedings in the restorative-justice court instead. The court expects to see 100 offenders in each of its first two years—primarily for crimes like burglary, property damage, and theft.

There are open discussions on nearly every aspect of the court’s setup, from how an individual will be greeted when they arrive to where documents will be housed, Sheehan said. The board hasn’t confirmed a space for the court yet, but is considering using a closed school in the neighborhood. “When somebody comes through this court, it will look and feel different,” she said. “There is a real intention to be welcoming.”