Restorative justice expanding for juveniles

After more than a year in juvenile hall, 18-year-old Dante Green was given the chance of a lifetime: Join a Circle of Support and Accountability (COSA) and turn his life around. That was six months ago. Dante is now out of custody, attending college, and hoping to major in political science at UC Berkeley.

Dante was the first of 15 offenders to enter an ambitious pilot program in Oakland (Alameda County), California, which processes more than 6,000 juveniles through the juvenile justice system each year.

Restorative Justice for Oakland Youth, modeled on successful restorative justice projects in South Africa, New Zealand, Canada, and elsewhere, aims to rehabilitate miscreant youth by holding them accountable to their victims and their larger community rather than simply blaming and punishing them.


Each youth is surrounded by a personally tailored network, his Circle of Support and Accountability, which helps him accept responsibility and design a method to repair the harm he has caused.

Gail Bereola, the presiding juvenile judge, told a reporter she has been surprised at how many victims are more interested in seeing their victimizers rehabilitated rather than just punished: "They're interested in how the young person is going to improve themselves. They want to know what happens when they return to the community."

A Restorative Justice program in New Zealand is credited with a dramatic reduction in youth incarceration, and similar programs in an Oakland school and in Minnesota schools have been credited with reducing suspensions and expulsions, often the early warning signals of a life of alienation and crime.

I have been impressed with the success of the Circles of Support approach with hard-core serial sex offenders. Perhaps the longest-running program with sex offenders was begun by Mennonites in Ontario, Canada, back in 1994, and it has become world-renowned. Recently completed empirical research indicates that surrounding offenders with firm but caring adults makes them far less likely to reoffend as compared with matched controls. Based on the success of Canadian programs, similar Circles of Support are being initiated for paroling sex offenders elsewhere, including in England and, most recently, in the California Central Valley town of Fresno.

The moral: We know what works to rehabilitate criminals. Now we just have to find the resources and the compassion to implement it.

Related resources:

Graphics Credit: Extern, Northern Ireland

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Monday, June 22, 2009

Brave judge tosses sexual assault conviction

Jessica's Law: Cruel and unusual punishment?

Jurors in criminal cases are generally kept blind as to the punishment that will be imposed if they find someone guilty. For that reason, one juror was dismissed during deliberations in a trial in Sonoma County, California, when he learned the potential outcome. The juror said he could not sleep once he realized that his guilty vote on a sexual assault charge could send the young defendant to prison for life.

Apparently, the judge in the case was similarly troubled.

Instead of sentencing 24-year-old Jaime Hernandez Gonzalez to life in prison yesterday, Judge Gary Medvigy dismissed the jury's conviction of assault with the intent to commit a sex crime during a burglary. He replaced it with a lesser conviction, residential burglary, which carries a maximum of six years in prison.

But the judge -- a former prosecutor and an Army reserves brigadier general who was decorated for his service in Iraq -- didn't stop there. In tossing the conviction, he read a lengthy statement questioning prosecutors' commitment to justice in light of the facts of the case.

Sentencing a young man with no prior criminal record to spend the rest of his life in prison for a crime that involved no violence or completed assault is so "grossly disproportionate" that it constitutes cruel and unusual punishment, the judge ruled.

In the rather bizarre case, Gonzalez entered a home through an unlocked sliding door, stripped naked, and accosted two sleeping women, removing the pajama bottoms of one. When the women screamed and ran away, Gonzalez fled too. The women testified that Gonzales appeared "zombie-like" or "comatose" during the assault, even when they screamed at him.

The judge slammed the 2006 Jessica's Law expansion under which Gonzalez was convicted, which mandates life imprisonment for sexual assault during a burglary, as "poorly drafted." He said it may be so overly broad as to be unconstitutional, because it requires the same punishment for crimes "involving minimal misconduct" as those involving severe violence and danger.

The District Attorney’s Office expressed outrage and threatened an appeal.

Meanwhile, the legal community in sleepy Sonoma County was abuzz over the judge's highly unusual action, according to news reporter Lori Carter, who covered the trial for the Santa Rosa Press-Democrat. Carter quoted a veteran attorney as calling the decision "gutsy":

"A lot of judges wouldn't do that because of politics. They're worried about reelection," said defense attorney Walter Risse.

Medvigy's conscientious stance will definitely cost him. The public hysteria over sex offending is manifested in the online comments to the Press-Democrat coverage, with vitriolic attacks and calls for the judge's ouster far overshadowing the few attempts at rational discourse.

The Press-Democrat article and related background coverage is HERE.

Photo credit: Press-Democrat

Hat tip: Tim Derning

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Thursday, April 16, 2009

 
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