Restorative Justice: Healing Instead of Incarceration

Across the country, hospitals are embracing intensive intervention programs to help victims of violence — including those who have criminal histories — after they have been brought in for treatment of injuries. Such programs can help prevent retaliation, reduce the chance a patient will be violently injured again, and put people on track for success.

Health providers are well-positioned to identify and help those who have experienced domestic violence. Nepal is one of several countries training medical workers to identify abused patients and refer them to in-hospital crisis support services.

In Colorado, four communities are piloting a program that offers low-level drug or prostitution offenders an alternative to prison. This program, known as Law Enforcement Assisted Diversion, matches the offender with a case manager who in turn connects them with treatment and training resources.

From North Carolina to California, states and cities are taking a new approach to fines and fees – people are having their charges dismissed, warrants for minor offenses cleared, and many municipalities are actually saving money by spending less on collections. With a system that was built because it provided cities and states with revenue, there has been a realization that it disproportionately targets communities of color and often keeps people stuck in cycles of debt. With this national awakening, resources and networks are being created so other places can implement the same change.

The Law Enforcement Assisted Diversion (LEAD) program in Alamosa, Colorado, gives police officers the option of sending people to substance abuse treatment rather than straight into the criminal justice system. Used in non-violent cases, the diversion program is based on a harm-reduction model that uses a health-care approach rather than a punitive approach to address the underlying issues when a crime is committed. Some police officers object to the program's mission, but proponents say that forcing compliance would be counterproductive.

As an alternative to traditional courts, community courts provide resources to those experiencing homelessness. Fines and jail time are often the punishment in traditional courts for those charged with trespassing or loitering, but community courts provide services that help people find housing, jobs, health care, and even offer mobile showers, food stamp assistance, and mental health care. While the long-term data are lacking and don't offer a clear picture of recidivism rates, community courts do provide a better quality of life for those living on the streets.

The Violence Against Women Act was billed as a way to make a patriarchal society, and policing profession in particular, take domestic violence more seriously. It encouraged policies making arrest of alleged abusers mandatory, even to the point of punishing victims who refused to cooperate in prosecutions. This has backfired on many victims, especially women of color who distrust police and their punitive approaches to solving family problems. The law also prioritizes punitive approaches in its awarding of federal grants, thus denying victim aid to women who do not wish to cooperate with arrests.

The Wraparound Project at Zuckerman San Francisco General Hospital and Trauma Center turns gunshot victims' hospital stays into "a teachable moment," by providing them with services aimed at helping them avoid a repeat injury. Getting shot once is a key risk factor for a second injury, particularly for gun violence's most common victims, young Black men. Wraparound is one of the nation's oldest hospital-based violence intervention programs. It has helped about 850 clients, mostly with mental health counseling, housing, and jobs. The program is associated with a decreased reinjury rate in San Francisco.

Frustrated by a tight labor market, two locally owned Grand Rapids employers discovered the virtues – economic, not just moral – of hiring formerly incarcerated people, whose gratitude for an opportunity translated into excellent performance and less risk of adding to rapid turnover. The employers helped guarantee success by paying for support services that made post-prison transitions easier. The employers then talked hundreds of other local employers into doing the same. Besides providing a business advantage, the program changes lives and is evidently contributing to much lower rates of recidivism.

The Defender Association of Philadelphia practices community-oriented public defense — also known as "holistic defense" — to connect clients with support services and resources that help address the root causes of crimes. The association works with social workers, investigators, and paralegals to get clients access to housing, food, jobs, and healthcare, as well as mental health and substance use treatment, with more than 150 people referred to treatment providers between September 2016 and January 2017.