1. BEYOND RESTORATIVE JUSTICE 5 th ANNUAL RESTORATIVE JUSTICE INITIATIVE CONFERENCE Marquette University November 11, 2008 David M. Kennedy Director Center for Crime Prevention and Control John Jay College of Criminal Justice dakennedy@jjay.cuny.edu 212 484-1323

2. RESTORATIVE JUSTICE Extraordinarily powerful and important ideas Extraordinarily powerful and important ideas Unnecessarily and unconsciously limited by (usually) implicit framework Unnecessarily and unconsciously limited by (usually) implicit framework If we take the strengths and discard the limits, we end up in a place that may be even more powerful and important If we take the strengths and discard the limits, we end up in a place that may be even more powerful and important

3. RJ CRITIQUE OF CRIMINAL JUSTICE “Formal social control” “Formal social control” Ineffective and damaging Ineffective and damaging Doesn’t work as well as we’d like Doesn’t work as well as we’d like Overutilizes punishment: brutalizing Overutilizes punishment: brutalizing Stigmatizes and excludes, often permanently Stigmatizes and excludes, often permanently Creates polarized “others” where there should be community Creates polarized “others” where there should be community “War on crime,” “war on drugs” “War on crime,” “war on drugs” Appropriates standing to state, disregards and weakens community Appropriates standing to state, disregards and weakens community

4. FOR EXAMPLE Baltimore: Baltimore: 60% black males 16-30 under criminal justice supervision 60% black males 16-30 under criminal justice supervision Lifetime chance of prison for black males 1:3 Lifetime chance of prison for black males 1:3 Crime down dramatically while prison population continues to grow Crime down dramatically while prison population continues to grow Growth of “stop snitching” movement Growth of “stop snitching” movement

5. RJ ALTERNATIVE “Informal social control” “Informal social control” Internal Internal Shame Shame Guilt Guilt Conscience Conscience External External The views of those we care about The views of those we care about Family Family Friends Friends Loved ones Loved ones Community Community

6. INFORMAL SOCIAL CONTROL More powerful than formal social control More powerful than formal social control Cops vs. grandmothers Cops vs. grandmothers Internal more powerful than external Internal more powerful than external Operates without state Operates without state (Somewhat less true than sometimes thought) (Somewhat less true than sometimes thought) Operates more or less constantly Operates more or less constantly Operates, usually, without permanent stigma and exclusion Operates, usually, without permanent stigma and exclusion Can lead to “reintegration” Can lead to “reintegration”

7. RESTORATIVE JUSTICE The deliberate activation and mobilization of informal social control The deliberate activation and mobilization of informal social control Techniques for activating shame, guilt, conscience Techniques for activating shame, guilt, conscience Contact with victims Contact with victims Moral engagement Moral engagement Challenging competing norms and narratives Challenging competing norms and narratives Mobilization of personal and community networks to set and enforce norms, narratives, expectations Mobilization of personal and community networks to set and enforce norms, narratives, expectations

8. RESTORATION AND RECONCILIATION Framing of offender as moral agent worthy of respect Framing of offender as moral agent worthy of respect Engagement with offender’s moral self Engagement with offender’s moral self Engagement with family, peers, community Engagement with family, peers, community Weakening negative connections, strengthening positive ones Weakening negative connections, strengthening positive ones Central goal of keeping offender in community, or reestablishing legitimacy and standing Central goal of keeping offender in community, or reestablishing legitimacy and standing Symbolic and actual reintegration Symbolic and actual reintegration

9. FRAMED AS FREESTANDING ALTERNATIVE Extremely powerful and attractive set of ideas Extremely powerful and attractive set of ideas Couched from beginning in conscious opposition to existing criminal justice system and its weaknesses and harms Couched from beginning in conscious opposition to existing criminal justice system and its weaknesses and harms Becomes in practice alternative case processing system, sidestepping criminal justice system, avoiding the damage it does and creating new benefits Becomes in practice alternative case processing system, sidestepping criminal justice system, avoiding the damage it does and creating new benefits

10. PROBLEMS WITH EXISTING RJ FRAMEWORK Unrealistic about actual role of coercive state power in restorative justice process Unrealistic about actual role of coercive state power in restorative justice process Disregards moral standing of state Disregards moral standing of state Disregards state interest in public safety and in securing a monopoly on criminal enforcement Disregards state interest in public safety and in securing a monopoly on criminal enforcement Disregards role of sanction and deterrence in underpinning good behavior and positive norms and narratives Disregards role of sanction and deterrence in underpinning good behavior and positive norms and narratives

11. PROBLEMS WITH ALTERNATIVE CASE PROCESSING FRAMEWORK Some cases not appropriate, even in principle, for classic restorative justice Some cases not appropriate, even in principle, for classic restorative justice Domestic violence Domestic violence Some cases too serious Some cases too serious Cannot accommodate need for incapacitation and/or formal punishment Cannot accommodate need for incapacitation and/or formal punishment

12. MORE PROBLEMS Handcuffs RJ to existing law and police practice Handcuffs RJ to existing law and police practice RJ new “back end,” but state and police still “front end” RJ new “back end,” but state and police still “front end” Focuses on individual incidents and individual offenders Focuses on individual incidents and individual offenders Well-established critique from, for example, problem-oriented policing Well-established critique from, for example, problem-oriented policing Fundamentally reactive Fundamentally reactive No strategic focus No strategic focus No attention to underlying problems No attention to underlying problems

13. EXTREMELY POWERFUL IDEAS: VERY LIMITED APPLICATION In practice, ends up restricted to relatively minor incidents, mostly involving juveniles In practice, ends up restricted to relatively minor incidents, mostly involving juveniles Sweeping critique and response; limited and low- level application Sweeping critique and response; limited and low- level application Restorative justice has been hobbled by an unconscious attachment to traditional criminal justice and by framing itself as an alternative case processing system Restorative justice has been hobbled by an unconscious attachment to traditional criminal justice and by framing itself as an alternative case processing system

14. RJ IDEAS TOO IMPORTANT FOR THIS Drop “alternative case processing” framework Drop “alternative case processing” framework Not about individual incidents and cases any longer Not about individual incidents and cases any longer Need not be about those under arrest Need not be about those under arrest Groups Groups “Problems” “Problems” Can accommodate serious offenses and offenders Can accommodate serious offenses and offenders Can involve state authority and deterrence, formal sanction Can involve state authority and deterrence, formal sanction

15. “FOCUSSED DETERRENCE” FRAMEWORK “Boston model,” “Ceasefire,” “High Point” “Boston model,” “Ceasefire,” “High Point” Strategic intervention aimed at specific problems Strategic intervention aimed at specific problems Group and gang violence Group and gang violence Overt drug markets Overt drug markets Three-pronged intervention Three-pronged intervention Certain formal sanction: effective formal deterrence Certain formal sanction: effective formal deterrence Help and services Help and services “Moral voice of community”: or restorative justice “Moral voice of community”: or restorative justice Going on in Milwaukee now, with Marquette: Safe Streets Going on in Milwaukee now, with Marquette: Safe Streets

16. CIRV – Network Analysis of Street Sets Red – Beef Green – Alliance Blue – Volatile

17. CRIMINAL HISTORIES OF CINCINNATI GROUP MEMBERS

18. GROUPS IN CINCINNATI HOMICIDES

20. VIOLENCE AS A GROUP/“STREET” DYNAMIC Much violence group-on-group “beefs” or vendettas Much violence group-on-group “beefs” or vendettas Powerful peer effects: not just an individual decision. Street code: this is all OK, no alternatives, not my fault, don’t mind dying, prison’s not a problem, violence is required Powerful peer effects: not just an individual decision. Street code: this is all OK, no alternatives, not my fault, don’t mind dying, prison’s not a problem, violence is required May not entirely believe this as individuals, but group dynamic dominates May not entirely believe this as individuals, but group dynamic dominates Seen as supported/tolerated by community: anger expressed at history, police, whites Seen as supported/tolerated by community: anger expressed at history, police, whites Why community “moral voice” so important Why community “moral voice” so important

21. MANY KEY PLAYERS KNOWN, EVEN WHEN NOT LEGALLY AVAILABLE Legal system needs legal predicate Legal system needs legal predicate Other ways of intervening do not Other ways of intervening do not RJ framework can often be applied RJ framework can often be applied

22. CONSEQUENCES Group accountability for homicide: group dynamic, group sanction Group accountability for homicide: group dynamic, group sanction Last resort Last resort Explained ahead of time Explained ahead of time By any legal means: “pulling levers” By any legal means: “pulling levers” Most serious sanctions on impact players Most serious sanctions on impact players Careful promise: sanction on next homicide; on most violent group Careful promise: sanction on next homicide; on most violent group Reversal of pro-violence peer pressure Reversal of pro-violence peer pressure “ Honorable exit” “ Honorable exit”

23. HELP Focused services Focused services Employment Employment Education Education Treatment Treatment Mentoring Mentoring Others Others

24. “COMMUNITY MORAL VOICE”: RJ IN A DIFFERENT SETTING Clear, direct, community stand Clear, direct, community stand Figures respected by offenders Figures respected by offenders Parents Parents Ministers, mothers, activists Ministers, mothers, activists Offenders and ex-offenders Offenders and ex-offenders Set community norms Set community norms Make offenders own what they do Make offenders own what they do Challenge street code Challenge street code Love the sinner but hate the sin: bring them back in Love the sinner but hate the sin: bring them back in

25. MORAL VOICE, CONT. Set community standard Set community standard “There is no excuse.” “There is no excuse.” “We need you, you’re better than this.” “We need you, you’re better than this.” Moral engagement Moral engagement “Who thinks it’s OK for little kids to get shot?” “Who thinks it’s OK for little kids to get shot?” “Do you want your mother standing here?” “Do you want your mother standing here?” Challenge street code/norms Challenge street code/norms “Shot any CIA agents lately?” “Shot any CIA agents lately?” “Who helped your mother last time you were locked up?” “Who helped your mother last time you were locked up?” “Do you think your friends won’t flip on you?” “Do you think your friends won’t flip on you?”

28. “HIGH POINT” STRATEGY Closes overt community drug markets Closes overt community drug markets Explicitly addresses racial conflict and unintended harms from ordinary drug enforcement Explicitly addresses racial conflict and unintended harms from ordinary drug enforcement Involves dealers’ families much more effectively than gang strategy: large lessons here Involves dealers’ families much more effectively than gang strategy: large lessons here Closed market largely sustained by new community standards Closed market largely sustained by new community standards

29. OTHER EXAMPLES Street robberies Street robberies Domestic violence Domestic violence Prison issues Prison issues ?? ??

30. SO: RESTORATIVE JUSTICE Is an even bigger set of ideas than many advocates suspect Is an even bigger set of ideas than many advocates suspect Works with serious offenders Works with serious offenders Can be adapted to core underlying problems Can be adapted to core underlying problems Need not wait for police or state to act Need not wait for police or state to act Need not focus on alternative case processing Need not focus on alternative case processing Engages – very effectively – with community standards and serious offenders’ consciences Engages – very effectively – with community standards and serious offenders’ consciences Can fit seamlessly with formal social control Can fit seamlessly with formal social control

31. TRANSFORMATIVE POSSIBILITIES Greatly increase public safety Greatly increase public safety Address racial conflict Address racial conflict Reduce incarceration Reduce incarceration Strengthen communities Strengthen communities Substitute deterrence for enforcement Substitute deterrence for enforcement Create pathways for seasoned offenders Create pathways for seasoned offenders