Restorative Justice Part 2: "There is no Champion”

It’s now common for youth to remain in foster care or residential treatment for years. For troubled or victimized children in need, assistance at home is often more effective than foster placement.

Philadelphia's criminal justice system is overwhelmed. New York is allowing judges to release low-risk defendants accused of non-violent crimes with the goal of saving money, reducing prison overcrowding, and cutting down on prison violence.

Juveniles who were placed on sex offender registries, some for crimes they committed before they were even teens, face a slew of life changing consequences that follows them for the rest of their life: “depression, addiction, suicidal thoughts, and other signs of post-traumatic stress.” Many will struggle to find a job, others will get targeted and harassed, some, overwhelmed by the pressure, have ended their life. Parents, legal scholars, and activists are pushing back against the notion that children, under the law, should be tried as mini adults.

A consent decree ensures juveniles are not held more than 21 days in a Jackson, Miss., facility that was the subject of a lawsuit over the number of children it held and the conditions they faced. But opponents, including a youth court judge, say this is not solving the underlying problems facing the young offenders and even the plaintiffs in the suit says the larger issue is the approach to juvenile justice in the state.

New Zealand introduced restorative justice practices for juveniles in their criminal justice system after incredibly high rates of child incarceration and an over-representation of minorities. The practice, in places since the late 80's, includes youth justice councils and limits police arrests. The "overall number of youth arrested, charged, and incarcerated" has fallen, but there is still disproportionate representation of minority groups in the system.

The 2020 social justice uprisings drew attention, and donations, to bail funds, which use donations to bail people out of jail while their criminal charges or immigration cases are pending. One fund that benefited from this trend is the LGBTQ Freedom Fund, which focuses its financial aid and related social and educational services on LGBTQ people, given their high risks for incarceration and mistreatment in the criminal justice system. Since its 2017 founding, the fund has helped post bail for people in 15 states and its fund has grown to several million dollars.

In his first months as the New Orleans district attorney, Jason Williams has pushed a prosecution-reform agenda that not only limits who gets sent to prison on the front end, but also takes a backward look at who should be let out of prison. Nearly two dozen people convicted by non-unanimous juries have been granted new trials. Some people have been granted early release from prison after conviction under unduly harsh sentencing laws that no longer will be enforced. Williams' ultimate goal is to restore community trust so that necessary prosecutions have community support.

New Hampshire's Rockinham County gives some people with extensive drug and criminal histories an offramp from the criminal legal system, in the form of housing at Cross Roads House and a drug court to emphasize treatment over punishment. But, while other cities in the state meet such needs with multiple programs, the second-most populous county in the state has a severe shortage of supportive housing and services. Such services can make the difference between prison and success, and even between life and death in a place with high rates of overdose deaths.

In 2017, New Jersey eliminated the cash bail system – meaning that potential offenders awaiting court could not be held in jail for money. Instead, judges use an algorithm that considers the individual’s criminal history, flight risk, and threat level to the community. As New York considers doing the same, it looks the impact it has made in New Jersey.

As part of a revamp of its juvenile justice system, Connecticut launched youth treatment centers where residents meet regularly with counselors and mental health professionals. The centers focus on providing individualized care and a more welcoming atmosphere than traditional juvenile detention programs.