1. Economic & Restorative Justice Reparations
Chapter 10
Economic & Restorative Justice Reparations

2. Introduction
Community justice: a philosophy that uses community stakeholders to control & reduce crime & rebuild community relationships through community policing, community courts & restorative justice
Restorative justice: a sentencing philosophy that emphasizes the offender taking responsibility to repair the harm done to the victim & the surrounding community

3. Restorative Justice Principles
RJ is community-based & combines mainstream American criminal justice with indigenous justice practiced by Native Americans
RJ focuses on the victim, the offender, & the community, rather than just punishing the offender
RJ uses reintegrative shaming rather than stigmatization
Reintegrative shaming allows the victim & community to disapprove of the criminal behavior but seeks to repair the weakened social bonds caused by the crime

4. Restorative Justice Principles
All forms of RJ share 6 commonalities:
At least 1 session is held in the community, with the goal of allowing victims to communicate how the crime affected them
A reparative plan is developed & accepted by the victim & the offender
Victim & offenders volunteer to participate
Parties rely on community partners & volunteers for help
Offenders accept responsibility for their crime, admit guilt, & agree to comply with the reparation plan
While RJ can take place in jails & prisons, most forms are community-based & are an alternative to traditional court processing or as part of diversion

5. Victim & Offender Mediation (VOM)
VOM has existed in U.S. since early 1980s; there are thousands of programs worldwide
Victims agree to participate in order to seek restitution, oversee punishment, & share their grief with the offender
Many victims report satisfaction with case outcomes, are more likely to get restitution, & are less fearful of being revictimized
There are concerns VOM gives victims’ perspective more free reign & offenders’ perspective is not addressed enough
No strong evidence that VOM reduces recidivism
Between 40 to 60% of victims refuse to participate in VOM

6. Reparation Boards
Reparation boards have existed in the juvenile justice system since 1920s
Boards mediate between the court & the offender and may or may not involve the victim
They meet after the offender is convicted to decide how offender will repair harm & reform their conduct
Volunteers agree to mentor & supervise the offender
Board reports to the court on offender’s compliance & recommend sanctions if the offender violates reparation plan

7. Family Group Conferencing
Used primarily when the victim & offender come from the same family or close-knit group, the goal is to strengthen families
Conference includes not only the victim & offender, but also family members
Typically used in juvenile cases
Requires offender to take responsibility
Participation is voluntary for all involved

8. Sentencing Circles
Circles are based on tribal justice & rely on reintegrative shaming
Circles consist of offender, victim, family, friends, coworkers, social service personnel, & interested community members
Purpose is to arrive at consensus of how justice can be achieved
Of all RJ programs, circles involve largest number of participants & are most organized
Most effective in smaller communities

9. Effectiveness of Restorative Justice Methods
Measures of RJ include:
Satisfaction with the outcome/process
Payment of restitution
Cost savings
Studies show restitution more likely to actually happen as part of an RJ program than tradition court processing
RJ is less likely to be accepted by victims of violent crimes than victims of property crimes

10. Effectiveness of Restorative Justice Methods, Cont’d.
Victims’ concerns about RJ are:
Some victim’s groups find RJ focused on offenders
Some criticize RJ for its emphasis on reintegrative shaming, rather than retribution & stigmatization
Many victims find it difficult to advocate on their own and RJ is additional pressure
Evaluations of RJ:
Positive impact on recidivism of juvenile offenders
Less successful in reducing recidivism of adult offenders

11. Restitution
Restitution: court-ordered payment by the offender to the victim (or the victim’s family) to cover the tangible losses that occurred during or following the crime
Restitution has a long history around the world
The victim rights movement in the 1960s put the spotlight on the need for judges to order restitution

12. Restitution, Cont’d.
Congress passed 3 statutes in the 1990s to increase the collection of restitution
Losses by victims available for compensation include:
Lost income, medical expenses, transportation to court, child care, counseling sessions, sexual assault exams, HIV testing, moving expenses, travel & meal expenses, & burial expenses
Eligible parties include: victims, the victim’s family, & organizations that provide care, shelter, or counseling
Victims typically apply for restitution through prosecutor’s office, press charges, & agree to testify

13. Restitution Problems Problems associated with restitution are:
Underutilization
restitution is ordered in only 10% of felony convictions & 22% of misdemeanors
The lack of victim participation in the system & general lack of knowledge about restitution
Defendant’s indigence
Determining the proper amount
Collecting restitution

14. Indigent Offenders
An indigent defendant who cannot pay restitution cannot be cited for contempt or sent to prison
If a defendant can afford but refuses to pay restitution, he or she may be incarcerated depending on the jurisdiction’s laws
Declaring bankruptcy does not excuse offenders from paying restitution

15. Determining the Restitution Amount
In RJ cases, it is determined at the mediation session
In traditional court cases, the judge sets the amount
Officers can suggest an amount in a PSI report
Amount based on:
offender’s financial obligations & ability to pay
whether the victim was insured or was partially at fault
expenses the victim incurred because of the crime (prosecutor must establish the amount of harm beyond a preponderance of the evidence)
the harms & costs that qualify for restitution
the effect of a plea agreement

16. Collecting Restitution
Probation offices, day reporting centers, & restitution centers collect restitution, determine the installment payment schedule & get the funds to the victim
Only about a third to half of felony offenders pay full restitution before end of their sentence
Some systems will not an incarcerated offender if restitution is not paid

17. Community Service
Community Service: unpaid service to the public to compensate for harm done by the offender
Typically ordered by judge as part of probation
Most frequent types of community service: picking up roadside litter, doing landscape maintenance, removing litter or graffiti, painting buildings
Community service began in the U.S. in 1966 in Alameda County, California
In the U.S., it has developed as an alternative to fines or a condition of probation

18. Probationers who were ordered to community service, restitution, and treatment

19. Community Service, Cont’d.
The U.S. does not follow the English model of allowing community service to serve as an acceptable alternative to imprisonment
Community service is both punitive and rehabilitative
Good alternative for indigent offenders who cannot afford monetary sanctions & wealthy offenders where such sanctions are not meaningful
States differ in how often community service is mandated, & is seldom used as a sole sanction
The offender’s employment status must be considered in determining their schedule

20. Effectiveness of Community Service
Many nonprofit organizations benefit from the labor provided by offenders
Completion rates vary, in part depending on strength of enforcement
While little research has been done regarding effectiveness, community service has wide public support
Important questions about community service:
What is its purpose: diversion, reduce recidivism, both?
Should it be used instead of or with other sanctions?
Should it be expanded for prison-bound offenders?
How is its value calculated compared to days in jail or fines?

21. Fines
Fine: a monetary sanction imposed by the judge, the amount depending on the severity of the offense
Two types of fines: fixed fines & day fines
90% of fines go to victim/witness assistance programs or victim compensation funds.
A fine is viewed as a punishment & can be imposed as sole penalty or one of other penalties
Fines in U.S. are underused & their collection is not well enforced

22. Fines, Cont’d.
Fines are ordered in 25% of state felony cases & 13% of federal cases
Seldom used in the U.S. as the sole penalty, but are used as primary penalty for organizational or corporate defendants
In Bearden v. Georgia (1983), the Supreme Court held that probation cannot be revoked solely due to an offender’s inability to pay a fine or restitution
Unwillingness to pay may result in revocation

23. Day Fines
Day fines, or structured fines: court fines figured as multiples of the offender’s daily income & provide the same percentage of financial hardship to each offender
A low income offender & a wealthy offender convicted of the same offense, with the same criminal history & risk factors, would pay different amounts because their earning are different
Day fines impose the same degree of financial hardship on each offender

24. Fees
Fee: a court-imposed reimbursement that the offender pays for the administration of the criminal justice system
Acquitted defendants do not pay fees
Fees are not considered punitive & indigent defendants cannot be required to pay them
Typical fees or “costs” are assessed for:
DNA, drug, & alcohol testing
Diagnostic testing
Inpatient & outpatient treatment
Prosecution/court costs
Repayment of fees for appointed counsel
Community supervision fees
EM/GPS

25. Forfeitures
Forfeiture: a government seizure of illegally obtained property or used in connection with illegal activity, & can be either criminal or civil
In criminal cases, it occurs after conviction
In civil cases, the burden of proof is by preponderance of evidence
Purpose is to make sure offenders cannot keep illegal property & discourage the use of homes & businesses to conduct crimes
Not considered punishment, but (per 8th Amendment’s ban on excessive fines) cannot be grossly disproportionate to the seriousness of the offense

26. Residential Community Facility
An AWOL soldier, Derik Hembree, pled guilty in to violating a custody order after absconding with his 1 month old baby. He left the baby unharmed at an Oklahoma fire station. Hembree is a combat veteran, and, according to his attorney, may have been suffering from PTSD at the time of his offense. Hembree was sentenced to 2 years in a community corrections facility.
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27. Celebrity Doing Community Service
Rap artist Snoop Dog was sentenced to 800 hours of community service & 5 years probation in 2007 for felony gun possession & marijuana charges. Later that year he was sentenced to another 160 hours of community service & a $10,000 donation to charity for felony possession of a dangerous weapon.