Whitehead: Juvenile Justice, 7th Edition

1. What are some restorative justice options in this case?
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Correct Answer

One option would be victim-offender mediation. A mediator such as a probation officer or a trained volunteer could meet with Rob and the victim. The mediator would try to work out a settlement such as Rob doing some clean-up work (e.g., cutting the grass or raking leaves) at the Watson home. A second option is family conferencing. This is similar to mediation, but both Rob and the victim could bring in more family members to speak for each side.



2. What are the advantages of these restorative justice options?
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One advantage is that both sides have a chance to express their side of the story. This can help the offender see the harm he or she has done to the victim and also help the victim to see the offender as a person and not just a "delinquent" or a "criminal." A second advantage is that it involves both sides in working toward a solution. So the problem is just not handed over to a judge to decide.



3. Are there any problems with restorative justice programs such as victim-offender mediation or family conferencing?
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These programs are used most often with minor offenses. There is reluctance to use them with violent offenses. Another problem is that programs such as mediation cannot address serious problems, such as poverty and unemployment, that are deeper causes of delinquency and crime. Another criticism is net-widening. This is the charge that restorative justice programs are extended to youths who previously would have been left alone because their offenses were quite minor.

Case Study 2

Josh and Sean, ages 9 and 11, respectively, were brought to juvenile court on aggravated assault charges stemming from an incident in their neighborhood. The previous month they were caught threatening Tony, another 9-year-old boy in their neighborhood, with pocket knives and cigarette lighters. Tony had recently received a skateboard for his birthday and had been riding around the neighborhood on it. Josh and Sean weren't friends with Tony and decided to take it from him. They found the lighters and pocket knives in Josh's brother's room and walked down to Tony's house. When some other neighborhood boys saw Josh and Sean harassing Tony, they informed their parents, who then called the police.

Ms. Kelly, the Assistant District Attorney assigned to handle the case, is not certain what to do with the two boys. According to the precedent of that jurisdiction's juvenile court, Josh and Sean are too young to be placed on probation. However, Kelly feels the seriousness of the situation requires some type of action beyond just dismissing the charges because of their young ages. She has previously worked with a restorative justice facilitator on other charges with older juveniles and is considering whether this would be a suitable action in this case. She discusses the prospect of victim-offender mediation with the facilitator. After speaking, they both decide this case would be a good fit for this type of mediation.

Once Josh and Sean begin the mediation process, they show immediate remorse. They claim they did not really mean to scare Tony and had no intention of hurting him. That type of show of aggression is something they learned from their older brothers. Once Tony explained that his mother hadn't let him play outside since the incident occurred for fear that it would happen again, Josh and Sean showed even more remorse. Before that moment they never thought about what type of impact their actions would have on Tony beyond the initial harassment.

Questions

1. What is victim-offender mediation, and what are its goals?
Your Answer

Correct Answer

Victim-offender mediation is a type of restorative justice that involves the victim(s), offender(s), and others coming to a conclusion about how to fix the wrong that was committed.



2. If Josh and Sean had not been remorseful, would the victim-offender mediation have worked as well?
Your Answer

Correct Answer

Remorse is helpful to the process, but the offenders do not have to be initially remorseful to enter the mediation process.



3. What other types of restorative justice may have been appropriate?
Your Answer

Correct Answer

A family-group conference may also have been appropriate to address the issues brought up with regard to the influence of Josh and Sean's older brothers.

Case Study 3

You are the County Executive. The County Juvenile Court Probation Department runs a restorative justice program that does victim-offender mediation and family conferencing. You are receiving reports that the Probation Department does not seem very committed to the restorative justice program. They are not referring very many cases to victim–offender mediation or conferencing and the cases that are referred are having unreasonable delays. It looks like the department is not very open to restorative justice but wants to process almost all cases via Juvenile Court.

Questions

1. You are a believer in restorative justice. How might you get the Probation Department to commit more fully to restorative justice and start referring more cases to mediation and conferencing? What would be your first two steps to try and influence the Probation Department?
Your Answer

Correct Answer

First, you could discuss the matter with the Probation Director to find out why the Department is not using restorative justice very much. Second, you could then discuss types of restorative justice and the rationales behind it. Third, you could discuss the findings on the effectiveness of such programs.



2. The Probation Director informs you that the problem is the community rather than the Department. She claims that it is very difficult to get citizens to volunteer for the restorative justice program. As County Executive, how might you help the Director with this problem?
Your Answer

Correct Answer

As Chapter 14 notes, this can be a difficult problem. Putnam claims that community and volunteer organizations are having problems. However, Chapter 12 notes that there are successful restorative justice programs. So, with effort, it should be possible to find enough volunteers.



3. What are other problems that any restorative justice program might face?
Your Answer

Correct Answer

Some problems with restorative justice are the difficulty of facing complex social and economic problems related to delinquency. A second problem is possible coercion: There can be subtle or not-so-subtle pressure to influence youths to participate. Net-widening refers to the problem of expanding control over youths who would not normally be included in any program because their misbehavior would not be considered all that serious.

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