From Paradigm to Policy: Transforming Accountability and Public Safety with Restorative Justice
Thursday, Jan 25, 2024 — Friday, Jan 26, 2024

The Reshaping Prosecution Collaborative Justice Network hosted From Paradigm to Policy: Transforming Accountability and Public Safety with Restorative Justice, a two-day virtual symposium on the touchpoints and tensions of restorative justice (RJ) and the criminal legal system. Panels and workshops explored how restorative justice is practiced and implemented in diversion programs across the nation. The symposium was cosponsored by the Center for Racial and Economic Justice (CREJ) at the University of California College of the Law, San Francisco; the American Bar Association (ABA) Alternative Dispute Resolution and Restorative Justice Committee; and the National Association of Community and Restorative Justice (NACRJ).

The symposium convened diverse stakeholders and workshop participants from across government and nongovernment institutions and communities.

• 1,600+ registrants worldwide
• 68 percent of attendees from criminal justice agencies and court systems
• 49 states represented by attendees
• 40+ institutions: district attorney offices, community-based organizations, universities
• 40+ restorative justice practitioners spoke on panels and facilitated workshops
• Over 500 participants engaged in four immersive virtual workshops, including currently incarcerated individuals from prisons in three different states

Panels were open to the public and recorded. View the symposium program and resource guide.

Day 1 Discussions

Panel 1: Restorative Justice: The Movement, The Legal System, The Future

Panelists provided an overview of the restorative justice movement landscape and described transformational impacts of restorative justice, as well as the tensions of implementing restorative justice diversion programs in a criminal legal system context. The discussion uplifted restorative justice as an effective, survivor-centered approach to accountability that can improve public safety instead of defaulting to punitive responses. These leaders of cutting-edge restorative justice programs cited evidence that restorative justice decreases chances of recidivism, increases survivor satisfaction, and can be highly effective in serious cases of harm.

Speakers:

• Danielle Sered, Common Justice, NY
• Seema Gajwani, formerly of the Office of the Attorney General for the District of Columbia
• Mike Milton, Freedom Community Center, MO

Moderator: Professor Thalia González, University of California College of the Law, San Francisco, CA

Panel 2: Why Choose RJ?

This conversation took the form of a circle process, allowing the audience to experience the format of a restorative dialogue. The panel examined restorative justice through the perspectives of those with lived experiences—either as a survivor, a person who has caused harm, a restorative justice practitioner, or a system actor (prosecutor, defense attorney, or judge) choosing restorative justice.

The speakers included parties who had participated in a restorative justice process after a father was killed by his son. Their district attorney had offered the family a restorative justice approach. What emerged was a tapestry of stories highlighting accountability, healing, and inspirational examples of justice.

Speakers:

• Judge Wesley Saint Clair, King County, WA
• Rev. Annette C. Love, Restorative Justice Durham, NC
• Elder Alex Fields, Durham, NC
• Tristen Edwards, Public Defender of Marion County, OR
• James Herbert, Department of Justice Assistant United States Attorney, MA
• Richard Cruz, Ahimsa Collective, CA

Circle-Keepers:

• Javon Lomax, We Build the Block, NY
• Prophet Pride, Vera Institute of Justice

Panel 3: Brass Tacks: Implementing Restorative Justice as Diversion Policy

Panelists discussed implementing restorative justice diversion policies in district attorneys’ offices in partnership with community-based organizations. Panelists shared stories of why choosing a restorative justice approach would be a more ideal outcome for victims, communities, and people who have caused harm. Speakers shared considerations for stakeholder buy-in and program design, strategies for piloting and sustainability, as well as challenges and lessons learned.

Speakers:

• County Attorney Reese Fredrickson, Pine County, MN
• District Attorney Sherry Boston, DeKalb County, GA
• District Attorney Dalia Racine, Douglas County, GA
• Cymone Fuller, Equal Justice USA
• Belinda Dulin, Dispute Resolution Center, Washtenaw, MI
• Jonathan Scharrer, University of Wisconsin Law School, WI

Moderator: Meghan Nayak, Vera Institute of Justice

Panel 3 Presenter: Mona Sahaf, Vera Institute of Justice

Symposium Emcee: Amy Dallas, Vera Institute of Justice

Day 2 Workshops

Participants engaged in multiple virtual workshops. These workshops were not recorded and were designed for restorative justice practitioners, system stakeholders, and survivors to hold candid discussions. Topics included implementing restorative justice diversion programs, restorative victim advocacy, and a space for criminal legal system stakeholders to ask the hard questions about restorative justice. Workshops were co-facilitated by practitioners from around the country allowing participants to learn from experts, and one another. The symposium concluded with four simultaneous virtual restorative circles where participants discussed themes of accountability and safety.

The workshops brought together practitioners, advocates, and survivors to explore the transformative potential of restorative justice. The discussions revealed deep insights into the practice and future of restorative approaches.

Key takeaways:

Center Survivors' Voices

Participants emphasized the critical importance of tailoring RJ processes to center survivors' individual needs:

• Asking survivors directly about their needs can lead to more meaningful outcomes than following rigid scripts
• Healing is a multi-layered, personal journey unique to each individual
• Creating spaces for survivors to be heard and understand the context of harm is crucial
• Developing healing opportunities outside the traditional legal system is imperative
• Expanding the use of restorative justice can address complex cases like family-related harm and child abuse

Reframe Accountability and Healing

Discussions challenged traditional notions of justice:

• Understanding that true accountability comes from within, not by external force
• Exploring and emphasizing the human capacity for positive change in program design and implementation
• Shifting from a victim-offender binary to a trauma-healing paradigm which includes addressing individual, systemic, and social harms

Build Stronger Communities

The power of community emerged as a central theme:

• System partners fostering strong partnerships with community organizations and advocates is key for successful RJ implementation
• Prioritizing education and raising awareness among legal partners and communities can improve understanding of RJ
• Conducting thorough front-end conversations with system stakeholders and participants and their supporters can set clear expectations
• Recognizing and upholding circle-keeping and other community-based practices rooted in Indigenous ways of engaging with conflict and strengthening community ties acknowledges people's innate desire for connection, belonging, and relational accountability

Navigate Implementation Challenges

These discussions reflected the complexity of implementing RJ diversion programs, the paramount importance of centering survivors' needs, and the ongoing work required to integrate restorative principles into our justice systems and communities. Participants shared valuable insights and emphasized the importance of patience, persistence, and collaboration in overcoming these challenges.

The following strategies are highlighted to ensure program success:

Implementation Strategies

• Engage stakeholders in building relationships and buy-in at all stages of implementation
• Strive to balance restorative approaches with existing punitive frameworks
• Develop practices to ensure timely restorative justice processes within systemic constraints while allowing for flexible timelines to accommodate healing and transformation processes
• Center survivor needs throughout program development
• Design programs to address underlying needs of all parties involved
• Implement careful preparation and safety mechanisms to prevent revictimization
• Prioritize considerations of race, income, and other equity implications in eligibility requirements

Data Collection and Evaluation

• Address limitations of existing case management systems
• Implement comprehensive demographic data collection practices
• Develop evaluation methods that balance short-term metrics with long-term impact assessments
• Create and utilize participant satisfaction surveys and holistic evaluation tools

Funding and Resource Allocation

• Explore local grant opportunities and build relationships with potential funders
• Consider repurposing funds from traditional systems to support RJ initiatives
• Develop strategies to navigate the complexities of grant reporting
• Secure dedicated funding for thorough program evaluation

Stakeholder Engagement

• Build bridges between RJ providers and law enforcement and judicial representatives to foster cooperation, and conduct educational outreach on alternatives to incarceration
• Actively involve diverse community partners, including faith-based groups
• Identify and cultivate allies within potentially resistant agencies

Community Engagement Strategies

• Conduct community surveys to understand local values and needs
• Build public support through targeted outreach and media engagement
• Develop educational initiatives on RJ principles and benefits for the broader community
• Promote collaboration across jurisdictions and institutions

Narrative and Impact Communication

• Employ ethical storytelling techniques to demonstrate program impact
• Establish protocols to protect participant privacy while sharing success stories
• Frame RJ initiatives within the broader context of justice reform efforts

Address Systemic Challenges

• Continuously assess and address equity implications in program design and implementation
• Proactively develop strategies to navigate systems that may not fully align with RJ principles
• Advocate for broader systemic change while implementing RJ programs

Ensuring Long-Term Sustainability

• Develop plans for program continuity that can withstand political changes
• Build and maintain a robust network of supportive stakeholders
• Foster strategic partnerships to enhance long-term program viability

We're grateful to all participants for their candid sharing and commitment to this transformative work. Together, we're building a more just and healing-centered future.