San Diego Focuses On Restorative Justice To Repair Harm And Prevent Crime

I am Tom Fudge. You are listening to Midday Edition. On Friday educators and mediation groups in San Diego will all take part in a restorative justice summit. What is restorative justice? That is the question we will try to answer during this part of Midday Edition. Joining me are two people taking part in Friday summit at the city's concourse. Michele Linley is deputy District Attorney and chief of the El Cajon division of the DA's office. Michele copied for coming and. And Mayor Faulconer -- Tran 14 -- Mack Jenkins is with us. Can you tell us who participated in restorative justice, what is this? I can't tell you a story, but I will preface the story first the part of restorative justice is repairing the harm. The story ALLTEL is about to victims actually who were victims of a truck driver who struck them when he was a young guy. It is story we hear all the time. Got off work had too much to drink didn't know he was impaired. Ran into a single -- an elderly couple and have them. As part of our system, he went through restorative process. They met with a guy who'd injured them, and it led to direct dialogue that the victims themselves said everyone should do this. What they said is after they met with him and heard his remorse and that he was willing to own up to his behavior, they said they felt like they could forgive them -- him. He said he felt like he could forgive himself. Michele, what does it mean to you? We have a program in juvenile that we work with a midcity, it's a to visionary program. One of the cases we had was resisting and delaying officer case. It was the officer who was our victim. In that program, the officer meets with the offender and members of the community. In that case the offender could understand what it's like and what happened from the officers lands. The officer can understand from the Vic Dems or the offenders lands and the whole community is there. Members of the community, and they can understand from each person's lands. After that they come together and make a plan so that the offender complete certain things. Once he completes that plan, then the case is dismissed. You know, transport -- Michele I was going to ask, you call it a diversionary program, right? Correct. That is one instance where this type of justices use. Mack, getting back to you you said restorative justice is making things right is that which he said right ? I said repairing the harm. Why is this a better choice very often than incarceration or some type of punishment. What it involves is its contract contrasted against contributive justice. When it was just punitive and punishing individuals that came into the system. Restorative justice is focused on trying to make things better both for the community who has suffered the far -- harm and the perpetrator. There are different practices that are part of restorative justice. Michelle and I just talked to those involved directly in offender meeting. It is better because it's not just again, punishment it's about trying to build back up, if you will, the community that suffer the harm and the perpetrator who contributed to the her in the community. Mack, in the situation you describe to us it sounds like the victims were satisfied that justice had been served? They were. And that is a very good question. Sometimes -- the anticipation is voluntary. One of the goals is to make sure they are satisfied. This senior couples said that they felt that this contributed to their healing. This summit that is coming up on Friday, what are you trying to achieve? Who would like to take that on? Michele Let me start by saying it's hosted by the city of San Diego in conjunction with the human relations commission and the commission on gang prevention and intervention. It has been put together by Daniel Scarborough who has done a wonderful job. We are hoping to bring together people who don't know anything about restorative justice, who do know things about restorative justice. And we want to start working towards making the city of San Diego of restorative city especially when you look at all the different things under the restorative practices, restorative justice, trauma, and care all fall under that umbrella. Mack, does this work for every case? That is also good question. But I will say no, it does not. It depends upon the cases and those willing and willingness to participate. Who manages this process when there is restorative justice? The parole officers? Well actually were probation not parole. It's always a collaboration. In the case with the perpetrator is under probation supervision clearly we are heavily involved. But we are heavily involved with the victims and providers that actually facilitate the engagement between the perpetrators of the victims. Usually restorative justice happens with trained facilitators. They have a lot of training before they begin. They work with the Vic ones ahead of time. They work with the offender ahead of time to make sure that no further harm can happen during the process. And if the victims don't want to, or if they feel that it's not going to be the healing process, then that conference does not go forward. So, Michele, you would agree if everybody is willing to do it? Correct. And by definition, it can't be done if a victim does not agree. Correct. See the case of the DA's office, what is the process of like? Is there a point where you say to the victims or the perpetrator, here are your options, go to jail, or you can try this? Is that the way works? The program that we use the most is in juvenile. And his is a diversionary program. The case can be referred by law enforcement, it can be referred by the DA's office when we are screening, it can be referred by the defense when they see it come into court. It can be any number of ways that it comes to our attention. And then and CRC is that provider. They contact all the providers to see if it's a case that that will actually be able to go to conference. The, -- the fact that its use so much suggests to me -- the thought is maybe that that's a better place to use it. Were using it as sort of an instruction to a young person. Mack, you want to respond to this? I do. It's the principles, I will come back to what he said already, restoring the harm. As Michelle mentioned, if there is someone who has been made a victim, they have to willingly participate. It is about restoring them, but also giving that perpetrator it adult or juvenile an opportunity to be -- to change their behavior and be a part of the healing process. We have had great success in the juvenile side. But we have also incorporated into working with some of the adult supervision. How do you judge success like a recidivism ask is that what it's about That is certainly one of them. And Michele -- and Michele can expound on this. It's also about healing. Particularly when we are talking about restorative justice talking about healing the Vic Dems, healing the greater community, and helping to facilitate behavior change. Michele, anything to add to that? I think the other thing about restorative justice is it can be used in all spots within the justice system. Of the program I am talking about is diversionary. But it can also give a level of comfort and closer to the terms when it is being done, when someone is on probation or even when they are in prison or having been released from prison. I am definitely looking at this as an alternative to incarceration meaning that incarceration is the rule and this is the exception, is the starting to catch on in San Diego law enforcement? I would say it's steadily catching on. And you are right that in certain applications it is an alternative in the diversion program. Michelle has described this. Sometimes this includes youth who are already on probation violation. Justice can be applicable, instead going to City Hall copyable go through that process. It's actually even bigger than juvenile justice. It is being used in the schools. When there is an issue when there is expulsion. It is being used when there is some polling. It's being used even in corporations and HR type situations. So to say it's only an alternative to incarceration sells a short. The San Diego restorative justice and restorative practice summit will be held this Friday, February 26, beginning at 7 AM at the community Concourse downtown. Links and information you can find on our website kpbs.org. I have been speaking with Michele Linley, deputy District Attorney , chief of the El Cajon division of the DA's office. Michele, think it very much . And also to Mack Jenkins, chief of probation for San Diego County. Thank you. Thank you.