Restorative Justice Part 3: In Vermont, Restorative Justice Under Statute May Not Lead to Equitable Services

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.

An early-stage startup with big plans to change bicycling culture and commuting habits has notched one victory already, with its first secure-parking pods in New York City: Out of 60,000 times they've been used, the pods have only suffered one theft, at a time of rampant bike theft. Startup Oonee provides an alternative to locking up bikes and scooters on the street during work hours. Parking in an enclosed shelter is advertising-supported, so it's free to users. Ultimately, Oonee hopes to surround parking with a suite of services useful to two-wheeled commuters.

Although Eugene, Oregon's long-running, successful CAHOOTS program serves as one model for the new Portland Street Response, a more relevant model can be found in Denver's STAR program. Like CAHOOTS, STAR responds to mental-health and other crisis calls with medics and counselors rather than police officers. But Denver's size, demographics, and homelessness make it much more analogous to Portland. In STAR's first six months, it handled nearly 750 calls without a single arrest. Both STAR and PSR are starting small, so more resources are needed if the pilot projects succeed.

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.

Advance Peace mentors young people at risk of committing or suffering gun violence, guiding them through a "life map" process to exit street life and set goals for a safer, healthier future. The program, which started in Richmond and has expanded to other cities in California and beyond, contributed to a 22% decrease in gun homicides and assaults in an 18-month period. The decrease was 39% in the first targeted neighborhood. Mentoring includes linking youth to cognitive behavioral therapy, jobs, and field trips to expand their experiences. When they meet certain goals, they get paid a "life map allowance."

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.

The CAHOOTS program, which sends medics and counselors on certain 911 calls instead of the police, has become a national model in the wake of 2020's criminal-justice protests. But its roots reach back half a century, when a free medical clinic serving the hippie counterculture emerged as a public-health response to drug, mental health, and other non-violent emergencies. CAHOOTS has grown into a 24/7 service that saves Eugene millions in policing and medical spending, and saves many on the streets from unnecessarily punitive interactions with the police.

Violent clashes between farmers and cattle herders that have claimed thousands of lives have largely ceased in Otukpo, thanks to a peacekeeping process that resolves disputes and is based on a shared recognition of two groups' humanity. The process imposed rules in an otherwise unruly system in which Fulani herders' open-grazing cattle destroyed crops, leading to violence. Negotiated leases and dispute-resolution mechanisms, governed through monthly meetings, have resulted in only one death since 2018, while surrounding areas continue to suffer many casualties.