yjc know justice, know peace - part 3
DESCRIPTION
The use of transformative justice to heal schools and communities; prevent violence and repair harm; hold ourselves, our communities, institutions and officials accountable; and to break America's addiction to incarceration. Part 3 describes the Youth Justice Coalition’s Transformative Justice Process and includes comparisons with the traditional U.S. court system and Restorative Justice.TRANSCRIPT
KNOW JUSTICE KNOW PEACE
Part 3PO Box 73688, L.A., CA 90003 / www.youth4justice.org / [email protected]
WITH CREDIT GIVEN TO: THE YOUTH AND FAMILIES OF THE YOUTH JUSTICE COALITION WHOSE WISDOM AND EXPERIENCES GAVE RISE TO THIS WORK; JUSTICE MOVEMENTS THROUGHOUT THE WORLD WHO HAVE INSPIRED AND GUIDED US; AND THE COMMUNITY ELDERS AND ANCESTORS WHO LAID THE GROUNDWORK. AS THE YORUBA PROVERB SAYS, “If we stand tall, it’s because we stand on the backs of those who went before us.”
Please use the information here
KNOW JUSTICE KNOW PEACE
THIS PRESENTATION IS DIVIDED INTO THREE PARTS: (1) CITY OF LOST ANGELS explains why the Youth Justice Coalition (YJC) was forced to address violence and crime, and why transformative justice was the only logical path for us to take towards peace. (2) ROOTS OF THE SCHOOL-TO-JAIL TRACK, YOUTH CRIMINALIZATION AND MASS INCARCERATION covers some of the history that led to America’s addiction to prisons. (3) BUILDING A MOVEMENT FOR YOUTH JUSTICE describes the YJC’s Transformative Justice Process and includes
comparisons with the traditional U.S. court system and Restorative Justice.
THIS IS PART 3.
Is Number One
When police, politicians and the media talk about violence in L.A., they describe:• 100,000 gang members in L.A. County;
in L.A. City - over 700 gangs with over 50,000 members
• 250,000 people on Cal Gang (statewide) Database• Fault of youth and families
They don’t talk about:• The fact that these numbers refer to alleged gang
members. And that even the police admit that less then 5% are committing violence.
• L.A. is #1 nationally and worldwide to many things that harm young people
• The historical roots of L.A.’s Violence
• The failure of suppression to solve violence
L.A. LOCKDOWN
#1 worldwide: Incarceration (Prison Spending and Prison Population); Pornography Production/Export; Gangs Creation/Export; Meth Production/Export; Import/Export of 5 Illegal Drugs; Hand Guns; White Supremacy Gangs and Orgs
#1 nationwide: Gap between rich and poor, Homelessness, Youth in Foster Care - the majority were “orphaned” by the prison system, “Riots,” Children and People Living in Poverty, Immigration and Deportation
L.A. is home to:• The world’s largest county jail system
with as many as 180,000 people a year cycling through as many as 8 county jails.
• The world’s largest juvenile halls - Eastlake, Barry J. Nidorf and Los Padrinos - with as many as 20,000 youth a year detained.
• The world’s largest Probation Department - with over 20,000 youth and 40,000 adults on Probation.
• The world’s largest youth prison system - L.A. has nearly as many Probation “camps” - 19 - as community colleges (20).
• The United States has 5% of the world’s population but 25% of the world’s prison population. The U.S. is #1 in prisons, China with 1/3 of the world’s population is #2.
• California leads the nation in the number of people locked up: (over 200,000 a day in state prisons, youth prisons, youth camps and ranches, jails, juvenile halls and those held in detention with ICE - Immigration and Customs Enforcement - holds.
the Youth Justice
Coalition
THE YOUTH JUSTICE COALITION is working to build a youth, family and prisoner-led movement to challenge
race, gender and class inequality in Los Angeles County’s and California’s
juvenile injustice system. The YJC’s goal is to dismantle a system that has
ensured the massive lock-up of people of color, widespread police violence
and corruption, consistent violation of youth and communities’
Constitutional and human rights, the construction of a vicious school-to-jail
track, and the build-up of the world's largest network of jails and prisons.
We use direct action organizing, advocacy, political education and activist
arts to agitate, expose, and pressure the people in charge in order to upset
power and bring about change.
YJC members, ages 7 to 24, are the young people L.A. has labeled as
criminals, gangsters, thugs and hoodlums - in other words, we’re
disregarded, dismissed, and generally dissed. To most people, we are
invisible and forgotten, locked away in dusty corners of LA County,
behind barbed wire and concrete - in juvenile halls, county jails,
Probation camps and youth authorities. We’ve been pushed out of the
school system into Continuation and Probation Schools where the
teachers are overworked and under-trained, the books and materials
are in short supply, and there are more Probation Officers than
guidance counselors. We report to Probation and Parole on the
regular, and have gotten use to routine police searches and peeing in a
cup on demand.
The YJC has made a commitment to building youth leadership by promoting a voice, vision and action plan for community justice that is developed, led and staffed at all levels by people who have experienced the justice system first-hand. The project represents one of the nation's few organizing projects led by young people who have been, or are currently under arrest, on probation, in detention, in prison, on parole, who have been deported or face deportation, or whose parents/guardians, brothers or sisters have been incarcerated for long periods of their lives. Parent and family leaders as well as liberated lifers are also active as organizational leaders.
Organizing Campaigns: 1. Impact conditions of confinement at juvenile halls, camps, county jails and prisons, including challenging LIFE WITHOUT PAROLE and other extreme sentences. (Assembly Bill 1270, Senate Bill 9 and Welcome Home L.A.) 2. End California’s War on Gangs including ending the use of gang databases and gang injunctions. 3. Reduce L.A. County’s over-reliance on incarceration and increase community based alternatives to arrest, court, detention and incarceration, with a goal of reducing lock-up by 75% in ten years, including closing CYA/DJJ youth prisons, and stopping the building of any additional cells at all levels. 4. Dollar for Dollar - Move law enforcement dollars to youth jobs, peace/intervention workers and youth centers. (In L.A., just 1% = 100 million a year.) 5. End the school-to-jail track (no truancy tickets/truancy sweeps, free metro passes, replace police in schools and school push-out with intervention workers and Transformative Justice.6. S.T.O.P. Police Violence.
Engages in Transformative
Justice
LIKE MOST ORGANIZING GROUPS, WE WERE CAUGHT UP IN THE BATTLE - OVERWHELMED BY THE MASSIVE NUMBER OF YOUTH WHO WERE GETTING CAUGHT UP IN THE STREETS AND THE SYSTEM - WE HARDLY HAD TIME TO BREATHE TRYING TO MONITOR CONDITIONS IN THE LOCK-UPS AND PUSH TO CLOSE YOUTH PRISONS. BUT, MORE AND MORE YOUTH WERE ALSO FACING REAL DRAMA IN THEIR LIVES - FIGHTS, NEAR DEATH EXPERIENCES, FAMILY MEMBERS MURDERED, AND EVERYONE WAS GETTING PUSHED OUT
OF SCHOOL… IT WAS GOING TO TAKE A LIFETIME TO SEE THE CHANGES WE NEEDED IN OUR COMMUNITIES. IN THE MEANTIME, WE HAD TO DO MORE TO IMPROVE YOUNG PEOPLE’S IMMEDIATE LIFE CHANCES.
We prioritized 5 essential services for our work:
LEGAL EDUCATION INTERVENTION TO PREVENT AND REDUCE CONFLICTS - ESPECIALLY BETWEEN NEIGHBORHOODS AND CREWS.
COURT SUPPORT INTERVENTION TO PREVENT AND REDUCE CONFLICTS - ESPECIALLY BETWEEN NEIGHBORHOODS AND CREWS.
FREE L.A. HIGH SCHOOL TO PROVIDE STUDENTS RETURNING HOME FROM LOCK-UPS OR THOSE PUSHED OUT OF OTHER SCHOOLS AN OPPORTUNITY TO EARN THEIR HIGH SCHOOL DEGREE, PREPARE FOR COLLEGE AND A CAREER, AND LEARN ORGANIZING.
We prioritized 5 essential services for our workcontinued :
THE FAIR CHANCE PROJECT TO SUPPORT LIFERS WITH WRITS, APPEALS, SUPPORT IN RETURNING HOME, AND “WALK THE YARD” - TO CONNECT YOUTH GOING INTO PRISON WITH LIFERS INSIDE TO MENTOR THEM IN AVOIDING POLITICS AND WRITE-UPS, RUNNING POSITIVE PROGRAMS, PREPARING FOR PAROLE, AND STAYING SAFE.
& PEACEBUILDING - INTERVENTION AND TRANSFORMATIVE JUSTICE TO PREVENT AND REDUCE CONFLICTS AND RETALIATION - ESPECIALLY HOMICIDES BETWEEN NEIGHBORHOODS AND CREWS.
Abolition of Juvenile and Criminal Injustice Systems
Ideal Becomes Reality
STARVE THE BEAST What we can change with today’s realities & YJC’s current
power. Campaigns for short-term systems change, transformative justice and triage (emergency services) to
save lives, pull people out of the system and keep them out.
THINK OUTSIDE THE CAGEMajor Changes to System
YJC’s Mid-term Campaigns to Win Larger Changes and Contribute to Powerful Movement
Where We Are What’s happening today.
Modern Roots
What We Lost, a.k.a. U.S. Lockdown - How We Got the
Current SystemWhere We Started Roots In Restorative Justice - What We
Had
< 500 years Last 500 years through 2002. 2003-2006 2007-2020 2020-? RIP PIC
Campaign Development, Implementation and Evaluation
Leadership Development(Transformative Justice - Political) Troublemakers, Street University,
legal education and court support delivered to people inside lock-ups and out, LOBOS, Fair Chance Project,
YJC’s FREE L.A. High School
Leadership Development (Transformative Justice - Personal) Healing ourselves, our families and communities. Taking responsibility for and repairing the harm we have caused. Replacing the
code of the streets and/or our reliance on police and courts to solve conflict.
Base Building Legal Education, Radio and Video, Public Ed Materials and Events, Community Outreach/Surveys to Build Youth, Family and Prison Membership and
Vision for Change, and to Build Allies
Movement Building
Chuco’s Justice Center + Local, State and National Coalition Work
Infrastructure/Organization Building
YJC’s Strategies for Creating Change
From the YJC’s start we partly practiced Transformative Justice, but we didn’t know that’s what it was. We started by telling stories in circles and small groups. As we told our stories began to heal from the the shame and isolation that convicted people and our families experience. We realized that we weren’t alone. We were - each of us - one of millions. We started to take responsibility for things we had done and tried to repair relationships and make things right. We described harm that had been done to us, and tried to find a way to forgive. We found that holding on to the hurt was killing us and pushing away everyone we cared about. And we always used circles to make decisions
and to hold each other accountable.
Share and document our own stories. Our common experiences build peace and unity
within our center, families and
communities. Put our stories
together with data
to build a local, county
and statewide analysis.
Develop media and popular education to
communicate our vision to
different audiences.
Create visions for the type of justice
system we want. Research where our
vision is at work in the world. (e.g. Brazil, South Africa, Chiapas, Canada, the U.K., New Zealand.)
At the of Transformative Justice Is Telling
Our Stories
One of the spiritual leaders - Manny Lares of Barrios Unidos - observed the way the group was organizing itself. He reminded us that indigenous communities throughout the world are always organized in circles, and that this is a key reason why the modern court, government and corporate structures are so isolating for poor communities and communities of color. Peacebuilding is part of our human nature and collective
memory.
Or how Henry Sandoval - a YJC Youth Leader - always reminds us of his favorite quote:
“We just have to de-learn to re-
learn.”
We used the Lakota Medicine Wheel, Zulu symbol for tribes/community and Adinkra symbols for strength, intelligence and unity as the inspiration for our organizational structure:
Restorative Justice
RESTORATIVE JUSTICE
THE MOST COMMON ALTERNATIVE TO COURT AND INCARCERATION IS AN ANCIENT TRADITION ROOTED IN ALL INDIGENOUS CULTURES WHERE DISPUTES WERE HANDLED THROUGH COMMUNITY CIRCLES.
THROUGHOUT THE WORLD, FROM CANADA TO THE UNITED KINGDOM, FROM THE SOUTH PACIFIC TO SOUTH AFRICA, NATIONS ARE TURNING TO RESTORATIVE JUSTICE TO DIVERT PEOPLE FROM THEIR EXPENSIVE AND INEFFECTIVE COURT AND INCARCERATION SYSTEMS.
Internationally, Restorative Justice transforms relationships between individuals, but also radically transforms the roles of police, court and prisons.
NEW ZEALANDRJ developed as a response
to the over-incarceration of people of color, particularly
the indigenous Maori community.
RJ implemented nationwide
for youth and practices reflect Maori
principles of justice.
RJ used for all offenses except murder and manslaughter.
OAXACA,
MEXICO
RJ programs - located in community-based centers - have replaced nearly all youth court transactions in the state of Oaxaca.
CHIAPAS:
ZAPATISTA TERRITORY
Community circles - “caracoles” are central to what Zapatistas
refer to as “good government,” and are used for all community and
territory-wide decision making. This includes the setting of laws,
resolving of disputes, and determination of accountability. Legal “promoters” from the
community are chosen to facilitate mediations and to handle conflicts with the Mexican government
and others outside Zapatista territory.
SOUTH AFRICAFollowing the end of Apartheid, South Africa’s Truth and
ReconciliationCommission
heard over 10,000 cases in which people responsible
for extreme violence sought amnesty in exchange
for complete disclosure and accountability,
performing restitution and apologizing for their acts. Similar commissions are being
established in the Congo, Liberia and Rwanda.
BRAZILBrazil’s new constitution includes a
Child Rights Statute. The “statutewritten by a thousand hands”
was created by thousands of youth, organizers, advocates, street workers
and teachers - including the Movement of the Little Landless
and the Street Children’s Movement.It creates a separate court system for
community members to bring complaints regarding government wrongdoing such as police violence. No youth
can serve more than 3 years in custody regardless of the charges. It is considered the responsibility of the system to
rehabilitate any youth behavior and prepare a young person for work and educational success within 3 years.
With RJ as It Is Often Practiced in the
U.S.
There are many incredible organizations and individuals engaged in RJ in the U.S. We included a list of resources at the end of this presentation that
includes just a few of them. However, we had several concerns about RJ as it was often
practiced in the U.S.
In the U.S., Restorative Justice usually does not seek tosignificantlychallenge ordismantle the traditional structuresof policing,courts or prisons.
Problems with many RJmodels in the U.S.
1. Usually tied to, directly supervised by, accountable to and/or a project of law enforcement or the traditional court system. In most cases the “stick” for someone who “fails to comply” with program is return to court and/or custody.2. Studies indicate that the majority of U.S. RJ models as well as other “diversions” actually “widen the net.” In other words they bring people into the system who wouldn’t normally be in court or custody rather than pulling people out of the system or diverting people from arrest, court or custody.3. Many mirror the traditional court process in language and practice - from using terms such as “victim” and offender, juvenile, etc., to assuming a party who has caused harm or committed a crime and a party who is an innocent.
Problems with many RJ modelsin the U.S. Continued
7. Because RJ in the U.S. are primarily non-profit or government-run programs, most require background checks and fingerprinting of volunteers and staff eliminating most people with a conviction history that are often in the best position to reach youth in trouble as well as to use street-based relationships and trust to solve the majority of community-based violence. 8. Indigenous practices, language/song, materials and rituals are sometimes used by people that are not from that group without permission, significant knowledge and skill, or adequate or accurate credit given. 9. Given all these factors, accountability is arguably not to the community. And few programs are actually community-based, owned and operated.
Problems with many RJ models in the U.S. Continued
4. The majority of programs require a guilty plea in order to be accepted into the program. People who believe themselves to be wrongfully accused or only partly responsible have no recourse but the traditional court process. 5. Nearly all are funded by and/or accept referrals from court and/or law enforcement. Files and information is often shared. In most cases people have even less due process rights - and no right to legal representation - as they have in traditional court. 6. Most programs are designed and operated by system professionals - defense attorneys, judges, Prosecutors, Probation officers, police officers, social workers, etc. - and do not often seek or reflect the problem solving and justice approach envisioned by youth and other community members.
In addition, we questioned the name RJ. We wondered, “How can we restore
something we’ve never had?” (At least not for centuries.)
Transformative Justice
Process
In order to avoid the problems we saw with RJ in the U.S., the YJC developed a process we call “transformative” justice based on our own experiences, our vision for community justice and inspired by several movements and indigenous
practices throughout the world.
There are other groups that may use this term or similar terms and concepts. We want to be clear that this presentation only outlines the YJC’s practice, and doesn’t mean to compete with or claim superiority to any other peacebuilding process. We encourage everyone to use from this presentation what makes sense for your community. We also welcome any critique of this work, and see ourselves as life-long learners.
GOALS OF TRADITIONAL COURT VS. RJ
Criminal and Juvenile Court:
1. What law was broken?2. Who broke it?3. What punishment is
warranted?4. Competition between lawyers
- assumes two opposing sides.
5. Assumes guilty and innocent parties - victim and perpetrator.
6. Not responsible for determining or addressing root causes of conflict.
Restorative Justice:
1. Who was harmed?2. What are the needs and
responsibilities of those involved?
3. How do all affected parties together address needs and repair harm?
4. Is non-adversarial. Seeks an outcome all parties can agree to.
From Alicia Virani, RJ In Schools
Most Common RJ Models in U.S.• “Victim-Offender” Mediation
– The person accused and the “victim” are worked with first separately and then brought together
– Generally utilized when the youth is already adjudicated and may be in detention
– Almost always requires a guilty plea
• Family Group Conferencing– Family members play an important role– Often a family caucus is called during the process to think of a
proposal for the plan, which is then brought back to the “victim”
• Sometimes Builds on Indigenous Practices of Peacemaking Circles– Community and family members are essential– Often a talking piece is passed around, and each person takes a turn
to speak while holding the talking piece– Not always in response to a “crime” From Alicia Virani,
RJ In Schools
FOR THE YJC: TRANSFORMATIVE JUSTICE (TJ) HAS SOME OF THE SAME
GOALS AS RJ, BUT ADDS COMMUNITY AND SYSTEM ACCOUNTABILITY:
Criminal and Juvenile Court:
1. What law was broken?2. Who broke it?3. What punishment is
warranted?4. Competition between lawyers
- assumes two opposing sides.
5. Assumes guilty and innocent parties - victim and perpetrator.
6. Not responsible for determining or addressing root causes of conflict.
Transformative Justice:1. Who was harmed?2. What are the needs and
responsibilities of those involved?
3. How do all affected parties together address needs and repair harm?
4. Is non-adversarial. Seeks an outcome all parties can agree to.
4. What are the root causes of the conflict?
5. What community and/orsocietal change is needed to change relationships, conditions and power?
TRANSFORMATIVE JUSTICE
Builds Further on Indigenous Practices of Peacemaking Circles
– Is conscious and appreciative of the historical roots of the practice and does not engage in cultural customs or rituals without permission and guidance/mentorship.
– Representatives from the indigenous community are in leadership– Community and family members are essential, but the circle also
holds larger community, institutions and system accountable– Trusts that all members of the community can serve as
peacebuilders; enables opportunities for many people to be circle keepers or facilitators
– Responsibility for repairing harm includes community responsibility to address injustice
TRANSFORMATIVE JUSTICE ALSO -
• Addresses the harm caused to all parties involved, as well as the community at large.
• Also addresses root causes; challenges and seeks to end injustice and inequality that leads to violence and crime.
• Focuses on improving existing relationships and building new relationships in order to prevent future conflict/harm.
• Replaces prosecution, punishment and incarceration. Serves as a true diversion from the system - does not use return to police, court or custody as a threat for participation.
• Transfers problem solving skills to individuals and community - trusts that families and communities have the skills to solve most disputes, and offers opportunities for all people to be trained and to use peacebuilding skills.
• Similarly, recognizes that all of us can and do harm others, and allows for all people to be held accountable regardless of their status, position, authority, age, race or wealth.
ADDITIONALLY, TJ -
• Does not assume there are wholly “innocent” and “responsible” parties and rejects language such as victim and offender that assumes guilt and innocence.
• Similarly, does not use “labels” for anyone involved, and seeks to recognize the humanity in all people - does not use disempowering terms such as ward, juvenile, minor, inmate, offender, victim, convict, gang/gang member, pregnant teen, addict, or derogatory terms for law enforcement.
• Gives people an opportunity to address if they were wrongfully accused. Does not require that people plead guilty or accept responsibility in order to participate.
• Is a strengths based approach rather than deficit based. (Focuses on youth/people as assets rather than on identifying a person’s pathologies and “fixing” them.
The YJC Also Promotes that Community Intervention/ Peacebuilding is a Key Component of Transformative Justice
Community Intervention/Peace Workers:• Have a “license to operate” - the community permission, trust and
relationships necessary to prevent and address violence. Often have histories as former shot callers in the community, giving them additional respect and influence among those most engaged in violence.
• Provide rumor control.• Intervene to prevent/stop/solve bullying, conflict and fights.• Serve as first responders at the scenes of violence and provide
life-saving care, safe entry for emergency medical personnel, crowd control, calming of emotions, and prevention of retaliation.
• Build truces and cease fires between rival neighborhoods and crews.
• Build with people most involved and impacted by violence, and support, mentor and train them to reduce harm.
• Support people who want to leave neighborhoods to exit safety.• Provide safe passage to and from school.
Job and Cost Comparisons Between Law Enforcement and Intervention
How We See Each
Other
FROM VICTIM, OFFENDER, PREDATOR, JUVENILE, MINOR, DELINQUENT, WARD, PROBATIONER,
ILLEGAL ALIEN/IMMIGRANT, CONVICT, MINORITY,HIGH RISK YOUTH, INMATE, PRISONER…
TO HUMAN BEING: (PEOPLE/YOUTH IN PRISON, CONVICTED PEOPLE, YOUTH IN CONFLICT WITH THE LAW, UNDOCUMENTED PEOPLE.)
FROM GANG MEMBERS
TO CHILD SOLDIERS
FROM YOUTH ARE MONSTERS
TO THE SYSTEM IS MONSTROUS
FROM PUNISHMENT WORKS
TO TRANSFORMATIVE JUSTICE,INCLUDING TAKING REPONSIBILITY AND REPAIRING HARM
FROM “DO ADULT CRIME, DO ADULT TIME.”
TO NO YOUTH IN ADULT COURTS, JAILS OR PRISONS. AND FAIR AND HUMANE TREATMENT FOR BOTH
YOUTH AND ADULTS.
THIS INCLUDES ENDING OUR USE OF DEROGATORY TERMS FOR LAW ENFORCEMENT
of both RJ and TJ
RJ and TJ GIVES PEOPLE A VOICE AND THE CENTRAL ROLE IN DECISION MAKING
• People most hurt by violence and other crime usually have no say in whether they wish to pursue criminal charges or not.
• Similarly, impacted people also have no say in the sentence– For example, some DV survivors request anger
management classes instead of prison time
• The person impacted by a crime can be subjected to a harsh “blaming the victim” style of questioning by the defense.
RJ and TJ GIVES PEOPLE A VOICE - Continued
• Lawyers fully dominate the debate and both the defendant and the person seen as the victim in the case have no opportunity to speak except through very controlled testimony from the stand.
• The argument is about winning not about discovering core truths. Thus the root causes of conflict are rarely solved, resulting in a continuation - and often an escalation - of the tension and harm.
• During the police investigation and throughout the court process, no contact is allowed between “sides.” In fact, the person labeled the “perpetrator” or anyone from their family or community can be charged with “tampering with a witness” or “terrorist threats” for any attempt to communicate. It is rare for either of the impacted parties to have their questions answered or to feel that “justice” is served.
Preventing Permanent Labeling and
Further Criminalization • TJ and RJ can replace suspension, expulsions and arrests in
schools and can also build safer learning environments for everyone.
• “Adjudications” in juvenile court are not convictions for immigration purposes but can provide conduct-based grounds for transfer to ICE custody and deportation. For people age 18 and over, any system contact - no matter how small - can lead to deportation.
• In some districts, youth may be suspended or expelled from school for a “delinquency” adjudication in juvenile court. For all youth, involvement in juvenile court dramatically impacts the way they are seen and treated at school, by their family, and in their community.
• Adjudications of “delinquent” in juvenile court and convictions in adult court can eliminate or severely reduce a person’s access to employment, education, financial aid, housing, and military enlistment.
Preventing Permanent Labeling and
Further Criminalization Continued • Even an arrest without adjudication or conviction in court can lead to an
individual’s - and in many cases an entire family’s eviction from public housing or Section 8.
• Youth adjudicated “delinquent” and adults convicted for many minor charges (such as public urination or “statutory rape” where the “offender” is only 1 to a few years older than their partner in a consensual relationship) can be labeled as “sex offenders,” and entered onto a statewide “sex offender database” and lose numerous job and housing options.
• If a person is ordered to pay a fee for a traffic citation, they cannot get their driver’s license until they pay the fee.
• Courts can require that people register as “gang” members as part of their sentence or adjudication. This also adds them to the statewide gang database (Cal Gangs) permanently labeling them as a “gang member,” and also subjects them to further gang enhancements in court.
Preventing Permanent Labeling and
Further Criminalization Continued • Youth adjudicated “delinquent” for a felony offense are
required to submit a sample to the California State DNA database.
• People serving time for a felony and those on parole in California can not vote. Even people 18 and over in camps and jails serving time for a misdemeanor, and people over 18 detained in juvenile hall or jail while going back and forth to court on either misdemeanor or felony convictions are not told about their right to vote and are often denied access to registration forms and absentee ballots. In some states, a felony conviction permanently eliminates your right to vote.
• Sealing or expunging a criminal record can often be a confusing and burdensome process. The criminal label is often something that people endure for the entire lifetime.
for Restorative and Transformative
Justice
SUCCESSES OF RJ and TJ
• A study of six “victim-offender mediation” programs in California found that five out of six programs decreased recidivism;
• All six programs increased restitution actually paid;• And all six programs reported over 90% of youth and
affected people were satisfied with the process.• In one year, Restorative Justice for Oakland’s Youth
(RJOY), working in an Oakland Middle School decreased the suspension rate by 87%.
• For every $1 spent on Restorative Justice, $8 is saved in the long-run.
for Restorative and Transformative
Justice
Just
1%
of L.A.’s Courts, LAPD, Sheriffs’ District Attorney’s, Probation’s and City Attorney’s Budgets = $100 Million and would pay for: 500 full-time peacebuilders/ intervention workers; 50 youth centers open from 3pm - midnight, 365 days a year; and 25,000 youth jobs.
Even as our states and counties are in a fiscal crisis, we have enough money for what we need. Across the U.S., we must challenge the notion thatpolice and prison budgets are untouchable.
Additional Savings: In Los Angeles, each murder costs $1 million to Investigate and averages $16 million more in Jail, Court and Incarceration costs. With drastic decreases in homicide across the nation, the money saved should be reinvested in our schools
and communities.
The cost of incarceration in California is $50,000 a year, per person in state prison - and more than $100,000 a year for people who are elderly, disabled or seriously ill; $120,000 a year in juvenile hall or Probation camp; and as high as $261,000 a year for a youth in the state’s youth prison system.
The failure rate (recidivism) of those systems is between 70 and 81%.
The costs to lock up one of theseyouth for a year - arrest, court and incarceration costs - could provide programming in this park for2,000 youth from 3pm - midnight, year-around, including hiring 25 youth.
The cost of RJ/Tj and other community and school-based alternatives to arrest, court, detention and incarceration is between $1,000 and $30,000 (residential treatment) a year, per person - and has a recidivism rate less than 30% . Seventy percent of participants donot cycle back into the system.
“Big Mike” Cummings’ safe passage program to get youth safety to and from school saves hundreds of thousands of dollars a year in hospital, police, court and incarceration costs. When he is paid, Big Mike makes 1/3 what a rookie police officer makes. Many years, he volunteers due to lack of funding.
Transformative Justice Circles
PRACTICING TRANSFORMATIVE JUSTICE CIRCLESUse the YJC’s TJ Process Worksheets that outline several incidents, as well as the steps to facilitating a circle. Contact the YJC for a copy at [email protected]. Each scenario is based on true events within the YJC’s FREE L.A. High School. We also use the same process to address issues outside of school.
1. Create a team or teams of 5 or more people. Give each team a scenario. Review the scenario and select roles. Remember you are representing another person’s position. You want to make it as real as possible without stereotyping or dehumanizing the person you are playing. Quotes indicate statements made by characters.
2. The facilitator will also be playing a role within your school. Try to conduct the circle from start to finish as though it is real.
3. You will be practicing the Youth Justice Coalition’s Transformative Justice process. But, there are many models and resources for circle facilitation in the U.S. and throughout the world. Feel free to use the YJC’s process, add to it or shape your own.
for Transformative and Restorative
Justice
INTERNATIONAL MODELSTruth and Reconciliation Commission, South Africa - http://www.justice.gov.za/trc/Zapatista Army of National Liberation - EZLN - http://www.ezln.org.mx/New Zealand - http://www.restorativejustice.org.nz/cms/default.aspxChild Rights Statute, Brazil - http://www.unicef.org/sowc96/lbrazil.htmRole of Youth in Creating Child Rights Statute, Brazil - http://www.culturalsurvival.org/ourpublications/csq/article/childrens-involvement-making-a-new-constitution-brazilOaxaca’s New Youth Justice -
http://envisioningjustice.blogspot.com/2009/11/oaxacas-new-juvenile-justice-system.html
RESTORATIVE JUSTICE - U.S.The California Conference for Equality and Justice - www.cacej.orgCircles of Peace (Nogales, Arizona) - www.circlesofpeace.usOffice of Restorative Justice, Los Angeles Archdiocese - http://www.archdiocese.la/ministry/justice/restorative/index.phpCommunity Conferencing (Baltimore) - www.communityconferencing.orgLoyola Law School, Center for Restorative Justice (L.A.) - http://www.lls.edu/crj/Community Justice for Youth Institute (Chicago) - http://cjyi.org/Restorative Justice for Oakland’s Youth / R-JOY - www.rjoyoakland.orgCommunity Justice Network for Youth (Nationwide) - http://www.cjny.org/Positive Behavior Intervention and Supports (Nationwide) - www.pbis.org
TRANSFORMATIVE JUSTICE - U.S.Generation Five - www.generationfive.orgTransformative Justice Law Project of Illinois - www.yjlp.orgYouth Justice Coalition - www.youth4justice.org