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KNOW JUSTICE
KNOW PEACE
   Part 3
PO Box 73688, L.A., CA 90003 / www.youth4justice.org / freelanow@yahoo.com
Please use the
information here
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.”
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 andRestorative 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 5essential 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 5essential services for our work
continued :



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


                                                              THINK OUTSIDE THE CAGE
                                                                     Major Changes to System
                                                            YJC’s Mid-term Campaigns to Win Larger Changes
                                                                  and Contribute to Powerful Movement

                                                                    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.


                                                       Where We Are
                                                   What’s happening today.


                                          Modern Roots
                                           What We Lost, a.k.a.
 Where We StartedRoots               U.S. Lockdown - How We Got the
                                             Current System
 In Restorative Justice - What We
                Had

< 500 years            Last 500 years through 2002.        2003-2006        2007-2020      2020-?         RIP PIC
YJC’s Strategies for
Creating Change
                                                                   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 BuildYouth, 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
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.
Develop media                                    Put our
 and popular                                     stories
 education to      At the      of
                  Transformative                together
communicate                                     with data
 our vision to   Justice Is Telling             to build a local,
   different        Our Stories                   county and
                                                   statewide
  audiences.                                        analysis.

                 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.)
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 theLakota Medicine Wheel, Zulu symbol for
tribes/community and Adinkra symbols for strength,
intelligence and unityas 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 ZEALAND
              RJ 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 AFRICA
Following the end of Apartheid,
 South Africa’sTruth and
          Reconciliation
            Commission
       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.
BRAZIL
                          Brazil’s new constitution includes a
                           Child Rights Statute. The “statute
                                   written 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 to
significantly
challenge or
dismantle the
traditional
structures
of policing,
courts or prisons.
Problems with many RJ
models in theU.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
ordiverting 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 models
in 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                      Restorative Justice:
     Juvenile Court:                1. Who was harmed?
1. What law was broken?
                                    2. What are the needs and
2. Who broke it?
                                         responsibilities of those
3. What punishment is
warranted?
                                         involved?
4. Competition between lawyers      3. How do all affected parties
- assumes two opposing sides.            together address needs
5. Assumes guilty and innocent           and repair harm?
parties - victim and perpetrator.   4. Is non-adversarial. Seeks an
6. Not responsible for                   outcome all parties can
determining or addressing root           agree to.
causes of conflict.                                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                     Transformative Justice:
     Juvenile Court:                1. Who was harmed?
                                    2. What are the needs and
1. What law was broken?
                                          responsibilities of those
2. Who broke it?                          involved?
3. What punishment is               3. How do all affected parties together
warranted?                                address needs and repair harm?
4. Competition between lawyers      4. Is non-adversarial. Seeks an
- assumes two opposing sides.             outcome all parties can agree to.
5. Assumes guilty and innocent      4. What are the root causes of
                                          the conflict?
parties - victim and perpetrator.
                                    5. What community and/or
6. Not responsible for                    societal change is needed to
determining or addressing root            change relationships, conditions
causes of conflict.                       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
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 that




                                             1%
police and prison budgets are untouchable.




                                             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.
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
The costs to lock up one of these         youth in the state’s
youth for a year - arrest, court and      youth prison system.
incarceration costs - could provide       The failure rate
programming in this park for              (recidivism) of those
                                          systems is between
2,000 youth from 3pm - midnight,          70 and 81%.
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
“Big Mike” Cummings’ safe passage program to get      less than 30% .
youth safety to and from school saves hundreds of     Seventy percent of
thousands of dollars a year in hospital, police,      participants do
court and incarceration costs. When he is paid, Big   not cycle back into
Mike makes 1/3 what a rookie police officer makes.    the system.
Many years, he volunteers due to lack of funding.
Transformative Justice Circles
PRACTICING TRANSFORMATIVE JUSTICE CIRCLES
Use 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 freelanow@yahoo.com.
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 MODELS
Truth 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.aspx
Child Rights Statute, Brazil - http://www.unicef.org/sowc96/lbrazil.htm
Role of Youth in Creating Child Rights Statute, Brazil -
http://www.culturalsurvival.org/ourpublications/csq/article/childrens-involvement-making-a-new-constitution-
brazil
Oaxaca’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.org
Circles of Peace (Nogales, Arizona) - www.circlesofpeace.us
Office of Restorative Justice, Los Angeles Archdiocese -
http://www.archdiocese.la/ministry/justice/restorative/index.php
Community Conferencing (Baltimore) - www.communityconferencing.org
Loyola 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.org
Community 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.org
Transformative Justice Law Project of Illinois - www.yjlp.org
Youth Justice Coalition - www.youth4justice.org

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YJC Know Justice, Know Peace - Part 3

  • 1. KNOW JUSTICE KNOW PEACE Part 3 PO Box 73688, L.A., CA 90003 / www.youth4justice.org / freelanow@yahoo.com
  • 2. Please use the information here 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.”
  • 3. 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 andRestorative Justice. THIS IS PART 3.
  • 4.
  • 6.
  • 7. 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
  • 8. 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
  • 9. 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.
  • 10. the Youth Justice Coalition
  • 11. 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.
  • 12. 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.
  • 13. 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.
  • 14. 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.
  • 16. 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.
  • 17. We prioritized 5essential 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.
  • 18.
  • 19. We prioritized 5essential services for our work continued : 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.
  • 20. Abolition of Juvenile and Criminal Injustice Systems Ideal Becomes Reality THINK OUTSIDE THE CAGE Major Changes to System YJC’s Mid-term Campaigns to Win Larger Changes and Contribute to Powerful Movement 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. Where We Are What’s happening today. Modern Roots What We Lost, a.k.a. Where We StartedRoots U.S. Lockdown - How We Got the Current System In Restorative Justice - What We Had < 500 years Last 500 years through 2002. 2003-2006 2007-2020 2020-? RIP PIC
  • 21. YJC’s Strategies for Creating Change 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 BuildYouth, 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
  • 22. 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.
  • 23. Share and document our own stories. Our common experiences build peace and unity within our center, families and communities. Develop media Put our and popular stories education to At the of Transformative together communicate with data our vision to Justice Is Telling to build a local, different Our Stories county and statewide audiences. analysis. 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.)
  • 24. 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.
  • 25. Or how Henry Sandoval - a YJC Youth Leader - always reminds us of his favorite quote: “We just have to de-learn to re-learn.”
  • 26. We used theLakota Medicine Wheel, Zulu symbol for tribes/community and Adinkra symbols for strength, intelligence and unityas the inspiration for our organizational structure:
  • 27.
  • 29. 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.
  • 30. Internationally, Restorative Justice transforms relationships between individuals, but also radically transforms the roles of police, court and prisons.
  • 31. NEW ZEALAND RJ 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.
  • 32. OAXACA, MEXICO RJ programs - located in community- based centers - have replaced nearly all youth court transactions in the state of Oaxaca.
  • 33. 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.
  • 34. SOUTH AFRICA Following the end of Apartheid, South Africa’sTruth and Reconciliation Commission 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.
  • 35. BRAZIL Brazil’s new constitution includes a Child Rights Statute. The “statute written 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.
  • 36. With RJ as It Is Often Practiced in the U.S.
  • 37. 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.
  • 38. In the U.S., Restorative Justice usually does not seek to significantly challenge or dismantle the traditional structures of policing, courts or prisons.
  • 39. Problems with many RJ models in theU.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 ordiverting 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.
  • 40. Problems with many RJ models in 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.
  • 41. 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.
  • 42. In addition, we questioned the name RJ. We wondered, “How can we restore something we’ve never had?” (At least not for centuries.)
  • 44. 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.
  • 45. 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.
  • 46. GOALS OF TRADITIONAL COURT VS. RJ Criminal and Restorative Justice: Juvenile Court: 1. Who was harmed? 1. What law was broken? 2. What are the needs and 2. Who broke it? responsibilities of those 3. What punishment is warranted? involved? 4. Competition between lawyers 3. How do all affected parties - assumes two opposing sides. together address needs 5. Assumes guilty and innocent and repair harm? parties - victim and perpetrator. 4. Is non-adversarial. Seeks an 6. Not responsible for outcome all parties can determining or addressing root agree to. causes of conflict. From Alicia Virani, RJ In Schools
  • 47. 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
  • 48. FOR THE YJC: TRANSFORMATIVE JUSTICE (TJ) HAS SOME OF THE SAME GOALS AS RJ, BUT ADDS COMMUNITY AND SYSTEM ACCOUNTABILITY: Criminal and Transformative Justice: Juvenile Court: 1. Who was harmed? 2. What are the needs and 1. What law was broken? responsibilities of those 2. Who broke it? involved? 3. What punishment is 3. How do all affected parties together warranted? address needs and repair harm? 4. Competition between lawyers 4. Is non-adversarial. Seeks an - assumes two opposing sides. outcome all parties can agree to. 5. Assumes guilty and innocent 4. What are the root causes of the conflict? parties - victim and perpetrator. 5. What community and/or 6. Not responsible for societal change is needed to determining or addressing root change relationships, conditions causes of conflict. and power?
  • 49. 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
  • 50. 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.
  • 51. 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.
  • 52. 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.
  • 53. Job and Cost Comparisons Between Law Enforcement and Intervention
  • 54. How We See Each Other
  • 55. FROM VICTIM, OFFENDER, PREDATOR, JUVENILE, MINOR, DELINQUENT, WARD, PROBATIONER, ILLEGAL ALIEN/IMMIGRANT, CONVICT, MINORITY, HIGH RISK YOUTH, INMATE, PRISONER…
  • 56. TO HUMAN BEING: (PEOPLE/YOUTH IN PRISON, CONVICTED PEOPLE, YOUTH IN CONFLICT WITH THE LAW, UNDOCUMENTED PEOPLE.)
  • 59. FROM YOUTH ARE MONSTERS
  • 60. TO THE SYSTEM IS MONSTROUS
  • 62. TO TRANSFORMATIVE JUSTICE, INCLUDING TAKING REPONSIBILITY AND REPAIRING HARM
  • 63. FROM “DO ADULT CRIME, DO ADULT TIME.”
  • 64. TO NO YOUTH IN ADULT COURTS, JAILS OR PRISONS. AND FAIR AND HUMANE TREATMENT FOR BOTH YOUTH AND ADULTS.
  • 65. THIS INCLUDES ENDING OUR USE OF DEROGATORY TERMS FOR LAW ENFORCEMENT
  • 66.
  • 67. of both RJ and TJ
  • 68. 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.
  • 69. 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.
  • 70. 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.
  • 71. 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.
  • 72. 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.
  • 73. for Restorative and Transformative Justice
  • 74. 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.
  • 75.
  • 76. for Restorative and Transformative Justice
  • 77. Just 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 that 1% police and prison budgets are untouchable. 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.
  • 78. 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.
  • 79. 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 The costs to lock up one of these youth in the state’s youth for a year - arrest, court and youth prison system. incarceration costs - could provide The failure rate programming in this park for (recidivism) of those systems is between 2,000 youth from 3pm - midnight, 70 and 81%. year-around, including hiring 25 youth.
  • 80. 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 “Big Mike” Cummings’ safe passage program to get less than 30% . youth safety to and from school saves hundreds of Seventy percent of thousands of dollars a year in hospital, police, participants do court and incarceration costs. When he is paid, Big not cycle back into Mike makes 1/3 what a rookie police officer makes. the system. Many years, he volunteers due to lack of funding.
  • 82. PRACTICING TRANSFORMATIVE JUSTICE CIRCLES Use 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 freelanow@yahoo.com. 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.
  • 83. for Transformative and Restorative Justice
  • 84. INTERNATIONAL MODELS Truth 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.aspx Child Rights Statute, Brazil - http://www.unicef.org/sowc96/lbrazil.htm Role of Youth in Creating Child Rights Statute, Brazil - http://www.culturalsurvival.org/ourpublications/csq/article/childrens-involvement-making-a-new-constitution- brazil Oaxaca’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.org Circles of Peace (Nogales, Arizona) - www.circlesofpeace.us Office of Restorative Justice, Los Angeles Archdiocese - http://www.archdiocese.la/ministry/justice/restorative/index.php Community Conferencing (Baltimore) - www.communityconferencing.org Loyola 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.org Community 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.org Transformative Justice Law Project of Illinois - www.yjlp.org Youth Justice Coalition - www.youth4justice.org

Notes de l'éditeur

  1. Strengths based v. deficit basedIndividualized referrals instead of generic terms of probation that lead to probation violations
  2. Strengths based v. deficit basedIndividualized referrals instead of generic terms of probation that lead to probation violations
  3. Strengths based v. deficit basedIndividualized referrals instead of generic terms of probation that lead to probation violations