Restorative justice: changing the system By Christopher Schobert. Carlos Ortiz, Louis Acosta, Photo by Jim Bush. The following is part one of a two-part article on the restorative justice program, and its local application. The American justice system ain’t perfect—there’s no doubt about it. And any effort at changing this massive interconnected chain of law enforcement, judicial process, and penal action seems—and is—a superhuman task. But every so often, compassionate individuals seek ways to make a difference by looking closely at what’s not working, and making an effort at improvement. Occasionally, alternative methods of punishment and restitution spring forth, leading to brighter futures and a stronger sense of closure for offenders and victims. This is what restorative justice is all about. It is an attempt at finding alternatives to incarceration and new ways of rehabilitating youthful offenders, so they can make a positive impact on society. To some, it will likely sound clichéd, too “soft on crime,” and too reeking of “bleeding heart liberal” to really work. But the results prove otherwise. For many, accepting restorative justice involves challenging one’s beliefs in what works and what does not, in what constitutes a criminal, and, most importantly, in whether or not those who make mistakes can turn their lives around. It’s about working together to find common solutions, and it’s happening in Buffalo. The Centre for Justice & Reconciliation runs a website, Restorative Justice Online (www.restorativejustice.org), that summarizes what restorative justice is and how it works. According to the site, “Restorative justice is a theory of justice that emphasizes repairing the harm caused or revealed by criminal behavior. It is best accomplished through cooperative processes that include all stakeholders.” Restorative steps involved in responding to crime include identifying ways to repair harm and transforming traditional community and governmental responses to crime, while restorative justice programs include conferencing, victim assistance, victim offender mediation, restitution, and community service. The main principals outlined on the site are simple and sensible: “Justice requires that we work to restore those who have been injured. Those most directly involved and affected by crime should have the opportunity to participate fully in the response if they wish. Government’s role is to preserve a just public order, and the community’s is to build and maintain a just peace.” The benefits are clear. The organization found that 93 percent of crime victims and 94 percent of juvenile offenders were satisfied with the results; 95 percent of victims and 89 percent of juvenile offenders felt the negotiated agreement was fair to them; and 90 percent of victims felt the offender was held accountable in the restorative process. The word has begun to spread around the globe, and the city of Buffalo is no exception. One particular story of the program’s success involves the Massachusetts Avenue Project (MAP). The non-profit group was founded in 1992 to fight gang violence on Buffalo’s West Side. Today, the MAP has focused its efforts on food-based programs such as Food Ventures (profiled in Spree May/June 2006). The MAP’s programs are unique and admirable, finding ways to spread knowledge and good practices, as well as philosophies of cultural diversity and entrepreneurship. But tragedy struck in the summer of 2005, when an arson fire ripped through 382 Massachusetts Avenue. This was the MAP’s home base, and a hub of activity, a location where young people learned about nutrition and jobs in the food industry. For once, the story has a happy ending. The break-in and fire was committed by several kids and one young adult. All were caught, and while the kids were let go, the young adult, named Carlos Ortiz, was destined to be fully prosecuted as an adult for the arson. The MAP staff was disheartened to hear this; they had developed concern for Carlos, whose parents did not even show up in court to support him. It was clear to the staff that his had been a difficult life, and also that MAP’s participatory status as victim was not being properly respected by the court system. So they reached out to a restorative justice initiative known as “peace circles,” in which the victims and offenders of a crime meet for a mediated discussion. The purpose is to come up with a solution that restores balance and gives a voice to both sides, and, hopefully, prevents future offenses. The MAP staff felt that this was the best way to make a difference in the community, and that prosecuting Carlos was not the answer. Karima Amin. Photo by Jim Bush. Enter Louis Acosta, founder of the Urban Community Center (UCC). He and MAP representatives worked together to develop a proposal for Carlos, and brought it before a judge. It mandated that Carlos perform 1,000 hours of community service, continue in school, and work at the UCC. He and the other kids involved in the arson actually began working on the Massachusetts Avenue building itself. As the work progressed, Acosta began seeing positive changes in Carlos. “We started seeing that Carlos was becoming very responsive,” says Acosta, especially in his work at the UCC workshop at Buffalo State. “Now, Carlos is at the point where he’s a site manager. He can learn by rehabbing these buildings and then become an entrepreneur on his own.” Carlos is learning to read blueprints and teach other kids entering the program, all in addition to his schoolwork. He has become a tremendous UCC asset, so much so that he’s been featured on the program’s posters. Carlos demonstrates the innate possibilities of restorative justice. “This is a far better outcome than we would have received without restorative justice,” says Harvey Garrett, executive director of the West Side Community Collaborative. “We need to be looking at solutions.” There are other Western New Yorkers who are looking for alternative paths in the justice system. One example is Prisoners Are People Too!, a monthly documentary film and speakers series that meets at the Pratt-Willert Community Center on Pratt Street in Buffalo. The program was created to enhance the general public’s awareness of prison issues, but has grown to include networking, referrals, community building, and education. Films, speakers, and discussions are held to promote the knowledge and understanding of the plight of prisoners and prison families. Karima Amin is the founder and director of the program, which, she says, “operates on the premise that prisoners are people too; to deny their humanity is to deny our own.” Amin says the main thrust of the program is community education. “I want people to become more knowledgeable about the prison industrial complex, more aware of what happens to men, women, and children who are incarcerated, and more sensitive to the challenges of reentry,” she says. “When people come to a PRP2! meeting, I want them to walk away having learned something that will aid them in confronting and possibly changing a criminal justice system that too frequently operates as a criminal injustice system.” So restorative justice is not the only example of Western New Yorkers becoming more aware and active in the criminal justice process. But it is certainly one of the most intriguing, and in Buffalo, the use of restorative justice has already begun. And if the stories that have already come out are any indication, it won’t be fading away anytime soon. Why? Because, says Louis Acosta, “It makes much more sense.” Christopher Schobert is assistant editor at Buffalo Spree. Back to the Table of Contents Back to Top