Community Justice Panels October 28, 2011 Presenters: Brett Taylor, Center for Court Innovation Lenore Anderson, San Francisco District Attorney’s Office
Community Justice Panels Vermont Reparative Boards use community members trained in restorative justice techniques to hear low-level cases For respondents/defendants to take advantage of this forum they must admit their offending behavior before appearing before the board
Community Justice Panels Vermont has many different ways that a person can end up before a Reparative Board: Police diversion Prosecutor referral Judge ’ s sentence Probation condition
Community Justice Panels Respondents/Defendants who appear before a Reparative Board must: Demonstrate an understanding of the harm (e.g. reflective essay, Victim Impact Panel) Make amends to the victim (e.g. letter of apology, or if no direct damages, perform community service to a site that the victim agrees with) Repair the harm caused to the community Learn ways to avoid reoffense (e.g. attend AA meetings)
Community Justice Panels Community Justice Panels should not be confused with community conferencing or sentencing circles Community conferencing and sentencing circles use people directly affected by the criminal behavior, sometimes including a victim
www.courti w.courtinnovation.or nnovation.org ta taylorb@courtinnovation lorb@courtinnovation.o .org rg
Background on Crime Issues in San Francisco Quality of life crimes: a major issue for residents and merchants (petty theft, vandalism, graffiti, loitering, panhandling, prostitution, disorderly conduct, etc) Impact of low level crime on communities does not always translate in the traditional courtroom Many case dismissals, drawn out process, judges and juries often reluctant to punish offenders Strong community sentiment that “ nothing is ever done ” about low level crime Fiscal crisis means shrinking resources for criminal justice system agencies, especially courts Average cost to prosecute just one misdemeanor: $1,500
History of Community Justice Panels in SF Started in 1999 Purpose: to create an alternative venue for responding to low level crime, the goal is to use community-led restorative justice processes instead of criminal court Structure : Volunteers “hear” cases in community setting and issue “directives” Over the years, 12 courts created in different neighborhoods throughout the city In May 2011, SF DA George Gascón revamped the initiative to expand its use, increase accountability, and align it with best practices
Neighborhood Courts Neighborhood Prosecutor in District Police Station Same day/next day review of all non- traffic infractions and nonviolent misdemeanors Resident Panels meet weekly Database tracks all cases, DA files on failures Expanded volunteer training Goal: funnel as many non-traffic infraction and nonviolent misdemeanor cases as possible through this venue Benefits: involve community, save resources, address drivers of low level crime
Distinction Between Neighborhood Courts and the “Community Court“ Model Not a courtroom, not a charged case Participants enter Neighborhood Court in lieu of the DA’s Office charging the case Not a case management or treatment model Goal is to keep appropriate cases out of the traditional justice system entirely and quickly resolve matters with practical solutions that hold offender accountable and restore victim Community Court model is a collaborative court model that uses formal court proceedings to supervise offenders, often offenders are chronic and in need of case management and treatment. The cases are charged, the court engagement is a central component and supervision takes place in a formal court setting.
How Neighborhood Court Works Police send citation to NP Step 1: Police send citations to neighborhood prosecutor (NP) at police station NP quickly reviews case, Step 2: NP immediately makes assess eligibility charging decision, meets with offender and if offender agrees to neighborhood court, person must Referred for appear within one week Neighborhood traditional Court hears case prosecution Stage 3: Participant appears at neighborhood court, resident panel hears case, deliberates, decides Participant restores Stage 4: Participant begins victim/community restorative justice directive within one week of the incident
What is restorative justice? Goal is to “repair the harm” caused by crime and give communities most impacted by crime actively involved in doing justice Comparison with traditional court: Restorative Justice Approach Adversarial Justice Approach Wrong vs. Community State vs. Offender How has the victim and community What law has been broken and been harmed? How can we who broke it? How much involve the offender in repairing punishment should law breaker the harm? get? Process is guided by dialogue Process is guided by evidentiary among all parties to understand rules and statutory mandates harm, uncover drivers, and make parties whole
The Police Role in Neighborhood Courts Give “orange cards” with citation and give citations to neighborhood prosecutor District stations can send representatives to the hearings to support/observe but they do not play a role in decision-making Neighborhood rhood Courts ts May Work for You IN INSTANT ANT HEARIN RING QUICK RESOLUTION , NO CONVICTION You may be eligible to resolve this case without going to Criminal or Traffic Court. If you are eligible and you participate, your case will be discharged. YOU MUST ST GO TO THE DISTRIC STRICT T STATIO TION N WITH THIN 3 DAYS (Mon n – Fri) ri) to determ rmine ne your eli ligi gibil bility. The Mission District Police Station is at: 630 Valencia St. YOU MUST APPEAR BETWEEN THE HOURS OF 9 AM – 12 PM ONLY. Ask for the Neighborhood Prosecutor when you arrive. You MUST appear at the court date on your citation if you do NOT participate in neighborhood court. For more information, call: 415-551-9565
The Neighborhood Prosecutor Role Review citations to determine eligibility (no other pending cases, not on probation or parole, no violent cases) Meet with interested offenders to explain program and enlist in the program if applicable (this is a voluntary program, offenders are given information on their legal rights, NP does not inquire about case details or guilt or innocence) Track cases in shared database to ensure compliance and file on failures (either FTA or failure to complete) Meet with residents and merchants to track and address neighborhood problems Form partnerships with other city agencies to proactively address neighborhood blight problems (liquor store problems, prostitution, etc)
Typical citations that go to Neighborhood Court Police give orange cards to all nonviolent misdemeanors citations and non-traffic infractions District Attorney reviews and makes final eligibility determination Typical cases include: – Petty theft – Vandalism/graffiti – Trespassing – Prostitution – Disorderly conduct/Loitering – Some drug possession or paraphernalia – Fighting (no major injuries), noise disturbances – Drinking or urinating in public – Receipt of stolen property
Neighborhood Court Volunteer Role The voice of the community Trained in restorative justice (25 hours) Dialogues with participant and victim to understand incident and discusses case with other panelists to decide case outcome Issues “directives” to the participant. Directives include: – Community service – Victim restitution or community restitution – Letter of apology – Mediation, treatment, therapy, anything creative that repairs the harm Volunteer panel can also dismiss the case if they feels that is the best solution Non-profit partner agencies are in the community room with the volunteer panelists to administer the procedures
Residents Resolving Problems Held in a community room (places of worship or nonprofit service centers) 3 to 5 panelists Non-profit partners, California Community Dispute Services and Pre- Trial Diversion, administer the hearings Case examples
The Neighborhood Courts Agencies Partnership District Attorney: review and refer cases, recruit volunteers CA Community Pre-trial Diversion: Dispute Services Community service, (CCDS): facilitate referrals/tracking of neighborhood courts, participants train volunteers
Challenges The number of offenders who take advantage of the “orange cards” is low. Many do not understand what it means and others do not show up at all. The panelists’ skill level is inconsistent. Some people volunteer because they want to have their “own” court and they do not practice restorative justice. The panelists are not as diverse as the community. Panels happen during the day so many retired people make up the volunteer pool. While we have a comparatively resource rich community, there are not enough treatment beds or case management programs to address the full scope of need. We launched a big operation quickly and there are a variety of administrative hiccups along the way.
Recommend
More recommend
