Milwaukee Homicide Review Commission Restorative Justice Conference Marquette University
BEYOND RESTORATIVE JUSTICE 5 th ANNUAL RESTORATIVE JUSTICE INITIATIVE CONFERENCE Marquette...
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Transcript of BEYOND RESTORATIVE JUSTICE 5 th ANNUAL RESTORATIVE JUSTICE INITIATIVE CONFERENCE Marquette...
BEYOND RESTORATIVE BEYOND RESTORATIVE JUSTICEJUSTICE
55thth ANNUAL RESTORATIVE JUSTICE ANNUAL RESTORATIVE JUSTICE INITIATIVE CONFERENCEINITIATIVE CONFERENCE
Marquette UniversityMarquette UniversityNovember 11, 2008November 11, 2008
David M. KennedyDavid M. KennedyDirectorDirector
Center for Crime Prevention and ControlCenter for Crime Prevention and ControlJohn Jay College of Criminal JusticeJohn Jay College of Criminal Justice
[email protected] 484-1323212 484-1323
RESTORATIVE JUSTICERESTORATIVE JUSTICE
Extraordinarily powerful and Extraordinarily powerful and important ideasimportant ideas
Unnecessarily and unconsciously Unnecessarily and unconsciously limited by (usually) implicit limited by (usually) implicit frameworkframework
If we take the strengths and discard If we take the strengths and discard the limits, we end up in a place that the limits, we end up in a place that may be even more powerful and may be even more powerful and importantimportant
RJ CRITIQUE OF RJ CRITIQUE OF CRIMINAL JUSTICECRIMINAL JUSTICE
““Formal social control”Formal social control” Ineffective and damagingIneffective and damaging
Doesn’t work as well as we’d likeDoesn’t work as well as we’d like Overutilizes punishment: brutalizingOverutilizes punishment: brutalizing Stigmatizes and excludes, often permanentlyStigmatizes and excludes, often permanently Creates polarized “others” where there Creates polarized “others” where there
should be communityshould be community ““War on crime,” “war on drugs”War on crime,” “war on drugs”
Appropriates standing to state, disregards Appropriates standing to state, disregards and weakens communityand weakens community
FOR EXAMPLEFOR EXAMPLE
Baltimore:Baltimore: 60% black males 16-30 under criminal 60% black males 16-30 under criminal
justice supervisionjustice supervision Lifetime chance of prison for black Lifetime chance of prison for black
males 1:3males 1:3 Crime down dramatically while prison Crime down dramatically while prison
population continues to growpopulation continues to grow Growth of “stop snitching” movementGrowth of “stop snitching” movement
RJ ALTERNATIVERJ ALTERNATIVE
““Informal social control”Informal social control” InternalInternal
ShameShame GuiltGuilt ConscienceConscience
ExternalExternal The views of those we care aboutThe views of those we care about
FamilyFamily FriendsFriends Loved onesLoved ones CommunityCommunity
INFORMAL SOCIAL INFORMAL SOCIAL CONTROLCONTROL
More powerful than formal social controlMore powerful than formal social control Cops vs. grandmothersCops vs. grandmothers
Internal more powerful than externalInternal more powerful than external Operates without stateOperates without state
(Somewhat less true than sometimes thought)(Somewhat less true than sometimes thought) Operates more or less constantlyOperates more or less constantly Operates, usually, without permanent Operates, usually, without permanent
stigma and exclusionstigma and exclusion Can lead to “reintegration”Can lead to “reintegration”
RESTORATIVE JUSTICERESTORATIVE JUSTICE
The deliberate activation and mobilization The deliberate activation and mobilization of informal social controlof informal social control
Techniques for activating shame, guilt, Techniques for activating shame, guilt, conscienceconscience Contact with victimsContact with victims Moral engagementMoral engagement Challenging competing norms and narrativesChallenging competing norms and narratives
Mobilization of personal and community Mobilization of personal and community networks to set and enforce norms, networks to set and enforce norms, narratives, expectationsnarratives, expectations
RESTORATION AND RESTORATION AND RECONCILIATIONRECONCILIATION
Framing of offender as moral agent worthy Framing of offender as moral agent worthy of respectof respect Engagement with offender’s moral selfEngagement with offender’s moral self
Engagement with family, peers, communityEngagement with family, peers, community Weakening negative connections, Weakening negative connections,
strengthening positive onesstrengthening positive ones Central goal of keeping offender in Central goal of keeping offender in
community, or reestablishing legitimacy community, or reestablishing legitimacy and standingand standing
Symbolic and actual reintegrationSymbolic and actual reintegration
FRAMED AS FRAMED AS FREESTANDING FREESTANDING ALTERNATIVEALTERNATIVE
Extremely powerful and attractive set of Extremely powerful and attractive set of ideasideas
Couched from beginning in conscious Couched from beginning in conscious opposition to existing criminal justice opposition to existing criminal justice system and its weaknesses and harmssystem and its weaknesses and harms
Becomes in practice Becomes in practice alternative case alternative case processing system, processing system, sidestepping criminal sidestepping criminal justice system, avoiding the damage it justice system, avoiding the damage it does and creating new benefitsdoes and creating new benefits
PROBLEMS WITH PROBLEMS WITH EXISTING RJ EXISTING RJ FRAMEWORKFRAMEWORK
Unrealistic about actual role of coercive Unrealistic about actual role of coercive state power in restorative justice processstate power in restorative justice process
Disregards moral standing of stateDisregards moral standing of state Disregards state interest in public safety Disregards state interest in public safety
and in securing a monopoly on criminal and in securing a monopoly on criminal enforcementenforcement
Disregards role of sanction and Disregards role of sanction and deterrence in underpinning good deterrence in underpinning good behavior and positive norms and behavior and positive norms and narrativesnarratives
PROBLEMS WITH PROBLEMS WITH ALTERNATIVE CASE ALTERNATIVE CASE
PROCESSING FRAMEWORKPROCESSING FRAMEWORK Some cases not appropriate, even in Some cases not appropriate, even in
principle, for classic restorative principle, for classic restorative justicejustice Domestic violenceDomestic violence
Some cases too seriousSome cases too serious Cannot accommodate need for Cannot accommodate need for
incapacitation and/or formal incapacitation and/or formal punishmentpunishment
MORE PROBLEMSMORE PROBLEMS
Handcuffs RJ to existing law and police Handcuffs RJ to existing law and police practicepractice RJ new “back end,” but state and police still RJ new “back end,” but state and police still
“front end”“front end” Focuses on Focuses on individual incidents individual incidents and and
individual offendersindividual offenders Well-established critique from, for example, Well-established critique from, for example,
problem-oriented policingproblem-oriented policing Fundamentally reactiveFundamentally reactive No strategic focusNo strategic focus No attention to underlying problemsNo attention to underlying problems
EXTREMELY POWERFUL EXTREMELY POWERFUL IDEAS: VERY LIMITED IDEAS: VERY LIMITED
APPLICATIONAPPLICATION In practice, ends up restricted to In practice, ends up restricted to
relatively minor incidents, mostly relatively minor incidents, mostly involving juvenilesinvolving juveniles Sweeping critique and response; limited Sweeping critique and response; limited
and low-level applicationand low-level application Restorative justice has been hobbled by Restorative justice has been hobbled by
an unconscious attachment to an unconscious attachment to traditional criminal justice and by traditional criminal justice and by framing itself as an alternative case framing itself as an alternative case processing systemprocessing system
RJ IDEAS TOO RJ IDEAS TOO IMPORTANT FOR THISIMPORTANT FOR THIS
Drop “alternative case processing” frameworkDrop “alternative case processing” framework Not about individual incidents and cases any Not about individual incidents and cases any
longerlonger Need not be about those under arrestNeed not be about those under arrest GroupsGroups ““Problems”Problems”
Can accommodate serious offenses and Can accommodate serious offenses and offendersoffenders
Can involve state authority and deterrence, Can involve state authority and deterrence, formal sanctionformal sanction
““FOCUSSED FOCUSSED DETERRENCE” DETERRENCE” FRAMEWORKFRAMEWORK
““Boston model,” “Ceasefire,” “High Point”Boston model,” “Ceasefire,” “High Point” Strategic intervention aimed at specific Strategic intervention aimed at specific
problemsproblems Group and gang violenceGroup and gang violence Overt drug marketsOvert drug markets
Three-pronged interventionThree-pronged intervention Certain formal sanction: effective formal deterrenceCertain formal sanction: effective formal deterrence Help and servicesHelp and services ““Moral voice of community”: or restorative justiceMoral voice of community”: or restorative justice
Going on in Milwaukee now, with Marquette: Going on in Milwaukee now, with Marquette: Safe StreetsSafe Streets
CIRV – Network Analysis of CIRV – Network Analysis of Street SetsStreet Sets
Red – Red – BeefBeef
Green – Green – AllianceAlliance
Blue – VolatileBlue – Volatile
CRIMINAL HISTORIES OF CRIMINAL HISTORIES OF CINCINNATI GROUP CINCINNATI GROUP
MEMBERSMEMBERS
GROUPS IN CINCINNATI GROUPS IN CINCINNATI HOMICIDESHOMICIDES
VIOLENCE AS A VIOLENCE AS A GROUP/“STREET” DYNAMICGROUP/“STREET” DYNAMIC
Much violence group-on-group “beefs” or Much violence group-on-group “beefs” or vendettasvendettas
Powerful peer effects: not just an individual Powerful peer effects: not just an individual decision. Street code: this is all OK, no decision. Street code: this is all OK, no alternatives, not my fault, don’t mind dying, alternatives, not my fault, don’t mind dying, prison’s not a problem, violence is requiredprison’s not a problem, violence is required
May not entirely believe this as individuals, May not entirely believe this as individuals, but group dynamic dominatesbut group dynamic dominates
Seen as supported/tolerated by community: Seen as supported/tolerated by community: anger expressed at history, police, whitesanger expressed at history, police, whites Why community “moral voice” so importantWhy community “moral voice” so important
MANY KEY PLAYERS KNOWN, MANY KEY PLAYERS KNOWN, EVEN WHEN NOT LEGALLY EVEN WHEN NOT LEGALLY
AVAILABLEAVAILABLE
Legal system needs legal predicateLegal system needs legal predicate Other ways of intervening do notOther ways of intervening do not RJ framework can often be appliedRJ framework can often be applied
CONSEQUENCESCONSEQUENCES Group accountability for homicide: Group accountability for homicide:
group dynamic, group sanctiongroup dynamic, group sanction Last resortLast resort Explained ahead of timeExplained ahead of time By any legal means: “pulling levers”By any legal means: “pulling levers” Most serious sanctions on impact playersMost serious sanctions on impact players
Careful promise: sanction on next Careful promise: sanction on next homicide; on most violent grouphomicide; on most violent group
Reversal of pro-violence peer Reversal of pro-violence peer pressurepressure
““Honorable exit”Honorable exit”
HELPHELP
Focused servicesFocused servicesEmployment Employment EducationEducationTreatmentTreatmentMentoringMentoringOthersOthers
““COMMUNITY MORAL COMMUNITY MORAL VOICE”: RJ IN A VOICE”: RJ IN A
DIFFERENT SETTINGDIFFERENT SETTING Clear, direct, community standClear, direct, community stand Figures respected by offendersFigures respected by offenders
ParentsParents Ministers, mothers, activistsMinisters, mothers, activists Offenders and ex-offendersOffenders and ex-offenders
Set community normsSet community norms Make offenders own what they doMake offenders own what they do Challenge street codeChallenge street code Love the sinner but hate the sin: Love the sinner but hate the sin:
bring them back inbring them back in
MORAL VOICE, CONT.MORAL VOICE, CONT. Set community standardSet community standard
““There is no excuse.”There is no excuse.” ““We need you, you’re better than this.”We need you, you’re better than this.”
Moral engagementMoral engagement ““Who thinks it’s OK for little kids to get shot?”Who thinks it’s OK for little kids to get shot?” ““Do you want your mother standing here?”Do you want your mother standing here?”
Challenge street code/normsChallenge street code/norms ““Shot any CIA agents lately?”Shot any CIA agents lately?” ““Who helped your mother last time you were Who helped your mother last time you were
locked up?”locked up?” ““Do you think your friends won’t flip on you?”Do you think your friends won’t flip on you?”
Group Member Involved (GMI) Homicides in Cincinnati July 2006 - March 2008
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Likely GMI Homicide Non-GMI Homicide
Call-in sessions 7/31
Call-in sessions 10/03
““HIGH POINT” HIGH POINT” STRATEGYSTRATEGY
Closes overt community drug marketsCloses overt community drug markets Explicitly addresses racial conflict and Explicitly addresses racial conflict and
unintended harms from ordinary drug unintended harms from ordinary drug enforcementenforcement
Involves dealers’ families much more Involves dealers’ families much more effectively than gang strategy: large effectively than gang strategy: large lessons herelessons here
Closed market largely sustained by Closed market largely sustained by new community standardsnew community standards
OTHER EXAMPLESOTHER EXAMPLES
Street robberiesStreet robberies Domestic violenceDomestic violence Prison issuesPrison issues ????
SO: RESTORATIVE SO: RESTORATIVE JUSTICEJUSTICE
Is an even bigger set of ideas than many Is an even bigger set of ideas than many advocates suspectadvocates suspect
Works with serious offendersWorks with serious offenders Can be adapted to core underlying problemsCan be adapted to core underlying problems Need not wait for police or state to actNeed not wait for police or state to act Need not focus on alternative case Need not focus on alternative case
processingprocessing Engages – very effectively – with community Engages – very effectively – with community
standards and serious offenders’ consciencesstandards and serious offenders’ consciences Can fit seamlessly with formal social controlCan fit seamlessly with formal social control
TRANSFORMATIVE TRANSFORMATIVE POSSIBILITIESPOSSIBILITIES
Greatly increase public safetyGreatly increase public safety Address racial conflictAddress racial conflict Reduce incarcerationReduce incarceration Strengthen communitiesStrengthen communities Substitute deterrence for Substitute deterrence for
enforcementenforcement Create pathways for seasoned Create pathways for seasoned
offendersoffenders