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YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
YJC Know Justice, Know Peace - Part 3
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YJC Know Justice, Know Peace - Part 3

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The use of transformative justice to heal schools and communities; prevent violence and repair harm; hold ourselves, our communities, institutions and officials accountable; and to break America's …

The use of transformative justice to heal schools and communities; prevent violence and repair harm; hold ourselves, our communities, institutions and officials accountable; and to break America's addiction to incarceration. Part 3 describes the Youth Justice Coalition’s Transformative Justice Process and includes comparisons with the traditional U.S. court system and Restorative Justice.

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  • Strengths based v. deficit basedIndividualized referrals instead of generic terms of probation that lead to probation violations
  • Strengths based v. deficit basedIndividualized referrals instead of generic terms of probation that lead to probation violations
  • Strengths based v. deficit basedIndividualized referrals instead of generic terms of probation that lead to probation violations
  • Transcript

    • 1. KNOW JUSTICEKNOW PEACE Part 3PO Box 73688, L.A., CA 90003 / www.youth4justice.org / freelanow@yahoo.com
    • 2. Please use theinformation hereWITH CREDIT GIVEN TO: THE YOUTH AND FAMILIES OFTHE YOUTH JUSTICE COALITION WHOSE WISDOM ANDEXPERIENCES GAVE RISE TO THIS WORK; JUSTICEMOVEMENTS THROUGHOUT THE WORLD WHO HAVEINSPIRED AND GUIDED US; AND THE COMMUNITYELDERS AND ANCESTORS WHO LAID THEGROUNDWORK. AS THE YORUBA PROVERB SAYS,“If we stand tall, it’s because we stand on the backs ofthose who went before us.”
    • 3. KNOW JUSTICEKNOW PEACETHIS 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 transformativejustice was the only logical path for us to take towards peace. (2) ROOTSOF THE SCHOOL-TO-JAIL TRACK, YOUTH CRIMINALIZATION ANDMASS INCARCERATION covers some of the history that led to America’saddiction to prisons. (3) BUILDING A MOVEMENT FOR YOUTH JUSTICEdescribes the YJC’s Transformative Justice Process and includescomparisons with the traditional U.S. court system andRestorative Justice. THIS IS PART 3.
    • 4. Is Number One
    • 5. When police, politicians and the media talkabout 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 familiesThey 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
    • 6. L.A. LOCKDOWN#1 worldwide:Incarceration (Prison Spending and Prison Population); PornographyProduction/Export; Gangs Creation/Export; Meth Production/Export; Import/Export of 5Illegal Drugs; Hand Guns; White Supremacy Gangs and Orgs#1 nationwide:Gap between rich and poor, Homelessness, Youth in Foster Care - themajority were “orphaned” by the prison system, “Riots,” Children and People Living inPoverty, Immigration and Deportation
    • 7. 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.
    • 8. the Youth Justice Coalition
    • 9. THE YOUTH JUSTICE COALITIONis working to build a youth, family and prisoner-led movement to challengerace, gender and class inequality in Los Angeles County’s and California’sjuvenile injustice system. The YJC’s goal is to dismantle a system that hasensured the massive lock-up of people of color, widespread police violenceand corruption, consistent violation of youth and communities’Constitutional and human rights, the construction of a vicious school-to-jailtrack, and the build-up of the worlds largest network of jails and prisons.We use direct action organizing, advocacy, political education and activistarts to agitate, expose, and pressure the people in charge in order to upsetpower and bring about change.
    • 10. YJC members, ages 7 to 24, are the young people L.A. has labeled ascriminals, gangsters, thugs and hoodlums - in other words, we’redisregarded, dismissed, and generally dissed. To most people, we areinvisible and forgotten, locked away in dusty corners of LACounty, behind barbed wire and concrete - in juvenile halls, countyjails, Probation camps and youth authorities. We’ve been pushed outof the school system into Continuation and Probation Schools wherethe teachers are overworked and under-trained, the books andmaterials are in short supply, and there are more Probation Officersthan guidance counselors. We report to Probation and Parole on theregular, and have gotten use to routine police searches and peeing in acup on demand.
    • 11. The YJC has made a commitment to building youth leadership by promoting avoice, vision and action plan for community justice that is developed, led andstaffed at all levels by people who have experienced the justice system first-hand. The project represents one of the nations few organizing projects led byyoung people who have been, or are currently under arrest, on probation, indetention, in prison, on parole, who have been deported or face deportation, orwhose parents/guardians, brothers or sisters have been incarcerated for longperiods of their lives. Parent and family leaders as well as liberated lifers arealso active as organizational leaders.
    • 12. Organizing Campaigns:1.Impact conditions of confinement at juvenilehalls, camps, county jails and prisons, includingchallenging LIFE WITHOUT PAROLE and otherextreme sentences. (Assembly Bill 1270, Senate Bill9 and Welcome Home L.A.)2.End California’s War on Gangs including endingthe use of gang databases and gang injunctions.3.Reduce L.A. County’s over-reliance onincarceration and increase community basedalternatives to arrest, court, detention andincarceration, with a goal of reducing lock-up by75% in ten years, including closing CYA/DJJ youthprisons, and stopping the building of any additionalcells at all levels.4.Dollar for Dollar - Move law enforcement dollarsto youth jobs, peace/intervention workers and youthcenters. (In L.A., just 1% = 100 million a year.)5.End the school-to-jail track (no truancytickets/truancy sweeps, free metro passes, replacepolice in schools and school push-out withintervention workers and Transformative Justice.6.S.T.O.P. Police Violence.
    • 13. Engages in Transformative Justice
    • 14. LIKE MOST ORGANIZING GROUPS, WE WERE CAUGHT UP IN THE BATTLE -OVERWHELMED BY THE MASSIVE NUMBER OF YOUTH WHO WERE GETTINGCAUGHT UP IN THE STREETS AND THE SYSTEM - WE HARDLY HAD TIME TOBREATHE TRYING TO MONITOR CONDITIONS IN THE LOCK-UPS AND PUSHTO CLOSE YOUTH PRISONS. BUT, MORE AND MORE YOUTH WERE ALSOFACING REAL DRAMA IN THEIR LIVES - FIGHTS, NEAR DEATH EXPERIENCES,FAMILY MEMBERS MURDERED, AND EVERYONE WAS GETTING PUSHED OUTOF SCHOOL…IT WAS GOING TO TAKE A LIFETIME TO SEE THECHANGES WE NEEDED IN OUR COMMUNITIES. IN THEMEANTIME, WE HAD TO DO MORE TO IMPROVE YOUNGPEOPLE’S IMMEDIATE LIFE CHANCES.
    • 15. We prioritized 5essential services for our work:LEGAL EDUCATION INTERVENTION TO PREVENT ANDREDUCE CONFLICTS - ESPECIALLY BETWEEN NEIGHBORHOODSAND CREWS.COURT SUPPORT INTERVENTION TO PREVENT ANDREDUCE CONFLICTS - ESPECIALLY BETWEEN NEIGHBORHOODSAND CREWS.FREE L.A. HIGH SCHOOL TO PROVIDE STUDENTSRETURNING HOME FROM LOCK-UPS OR THOSE PUSHED OUT OFOTHER SCHOOLS AN OPPORTUNITY TO EARN THEIR HIGH SCHOOLDEGREE, PREPARE FOR COLLEGE AND A CAREER, AND LEARNORGANIZING.
    • 16. We prioritized 5essential services for our workcontinued :THE FAIR CHANCE PROJECT TO SUPPORT LIFERSWITH WRITS, APPEALS, SUPPORT IN RETURNING HOME, AND “WALKTHE YARD” - TO CONNECT YOUTH GOING INTO PRISON WITH LIFERSINSIDE TO MENTOR THEM IN AVOIDING POLITICS AND WRITE-UPS,RUNNING POSITIVE PROGRAMS, PREPARING FOR PAROLE, ANDSTAYING SAFE.&PEACEBUILDING - INTERVENTION ANDTRANSFORMATIVE JUSTICE TO PREVENT AND REDUCE CONFLICTSAND RETALIATION - ESPECIALLY HOMICIDES BETWEENNEIGHBORHOODS AND CREWS.
    • 17. 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
    • 18. YJC’s Strategies forCreating 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
    • 19. From the YJC’s start we partly practiced TransformativeJustice, but we didn’t know that’s what it was.We startedby telling stories in circles and small groups. As we toldour stories began to heal from the the shame andisolation that convicted people and our familiesexperience. We realized that we weren’t alone. Wewere - each of us - one of millions. We started to takeresponsibility for things we had done and tried to repairrelationships and make things right. We described harmthat had been done to us, and tried to find a way toforgive. We found that holding on to the hurt was killingus and pushing away everyone we cared about. And wealways used circles to make decisions and to hold eachother accountable.
    • 20. 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 togethercommunicate 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.)
    • 21. One of the spiritual leaders - Manny Lares of Barrios Unidos -observed the way the group was organizing itself. He remindedus that indigenous communities throughout the world are alwaysorganized in circles, and that this is a key reason why the moderncourt, government and corporate structures are so isolating forpoor communities and communities of color. Peacebuilding is partof our human nature and collective memory.
    • 22. Or how Henry Sandoval - a YJC Youth Leader - always reminds us of his favorite quote: “We just have to de-learn to re-learn.”
    • 23. We used theLakota Medicine Wheel, Zulu symbol fortribes/community and Adinkra symbols for strength,intelligence and unityas the inspirationfor our organizational structure:
    • 24. Restorative Justice
    • 25. RESTORATIVE JUSTICETHE MOST COMMON ALTERNATIVE TO COURT ANDINCARCERATION IS AN ANCIENT TRADITION ROOTEDIN ALL INDIGENOUS CULTURES WHERE DISPUTESWERE HANDLED THROUGH COMMUNITY CIRCLES.THROUGHOUT THE WORLD, FROM CANADA TO THEUNITED KINGDOM, FROM THE SOUTH PACIFIC TOSOUTH AFRICA, NATIONS ARE TURNING TORESTORATIVE JUSTICE TO DIVERT PEOPLE FROMTHEIR EXPENSIVE AND INEFFECTIVE COURT ANDINCARCERATION SYSTEMS.
    • 26. Internationally,Restorative Justicetransformsrelationshipsbetweenindividuals,but also radicallytransformsthe roles ofpolice, courtand prisons.
    • 27. 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 alloffenses except murder and manslaughter.
    • 28. OAXACA, MEXICORJ programs - located in community-based centers - have replaced nearlyall youth court transactions in the stateof Oaxaca.
    • 29. 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 thecommunity are chosen to facilitate mediations and to handle conflicts with the Mexican government and others outside Zapatista territory.
    • 30. SOUTH AFRICAFollowing 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.
    • 31. 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 regardinggovernment 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.
    • 32. With RJ as It Is Often Practiced in the U.S.
    • 33. There are many incredible organizations andindividuals 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.
    • 34. In the U.S.,RestorativeJusticeusually does notseek tosignificantlychallenge ordismantle thetraditionalstructuresof policing,courts or prisons.
    • 35. Problems with many RJmodels in theU.S.1. Usually tied to, directly supervised by,accountable to and/or a project oflaw enforcement or the traditionalcourt 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 wordsthey bring people into the system whowouldn’t normally be in court or custodyrather than pulling people out of the systemordiverting people from arrest, court or custody.3. Many mirror the traditional court process in language andpractice - from using terms such as “victim” and offender, juvenile,etc., to assuming a party who has caused harm or committed acrime and a party who is an innocent.
    • 36. Problems with many RJ modelsin the U.S. Continued7. Because RJ in the U.S. are primarilynon-profit or government-run programs,most require background checks andfingerprinting of volunteers and staffeliminating most people with a convictionhistory that are often in the best positionto reach youth in trouble as well as to usestreet-based relationships and trust to solvethe majority of community-based violence.8. Indigenous practices, language/song,materials and rituals are sometimes usedby people that are not from that group withoutpermission, significant knowledge and skill,or adequate or accurate credit given.9. Given all these factors, accountability is arguably not to thecommunity. And few programs are actually community-based, ownedand operated.
    • 37. Problems with many RJ modelsin the U.S. Continued4. The majority of programs requirea guilty plea in order to be acceptedinto the program. People who believethemselves to be wrongfully accusedor only partly responsible have norecourse but the traditional court process.5. Nearly all are funded by and/oraccept referrals from court and/orlaw enforcement. Files and informationis often shared. In most casespeople have even less due processrights - and no right to legal representation -as they have in traditional court.6. Most programs are designed andoperated by system professionals -defense attorneys, judges, Prosecutors,Probation officers, police officers,social workers, etc. - and do not oftenseek or reflect the problem solving andjustice approach envisioned by youthand other community members.
    • 38. In addition, we questioned the name RJ. We wondered, “How can we restore something we’ve never had?” (At least not for centuries.)
    • 39. Transformative Justice Process
    • 40. In order toavoid theproblemswe saw withRJ in the U.S.,the YJCdevelopeda processwe call “transformative”justice based on our ownexperiences, our visionfor community justiceand inspired by severalmovements and indigenouspractices throughout the world.
    • 41. There are other groups thatmay use this term orsimilar terms andconcepts. We want tobe clear that thispresentation onlyoutlines the YJC’spractice, and doesn’tmean to compete with orclaim superiority to anyother peacebuildingprocess. We encourageeveryone to use from thispresentation what makessense for your community.We also welcome anycritique of this work, andsee ourselves as life-longlearners.
    • 42. 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 and2. Who broke it? responsibilities of those3. What punishment iswarranted? involved?4. Competition between lawyers 3. How do all affected parties- assumes two opposing sides. together address needs5. Assumes guilty and innocent and repair harm?parties - victim and perpetrator. 4. Is non-adversarial. Seeks an6. Not responsible for outcome all parties candetermining or addressing root agree to.causes of conflict. From Alicia Virani, RJ In Schools
    • 43. 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
    • 44. FOR THE YJC: TRANSFORMATIVE JUSTICE (TJ) HAS SOME OF THE SAMEGOALS AS RJ, BUT ADDS COMMUNITY AND SYSTEM ACCOUNTABILITY: Criminal and Transformative Justice: Juvenile Court: 1. Who was harmed? 2. What are the needs and1. What law was broken? responsibilities of those2. Who broke it? involved?3. What punishment is 3. How do all affected parties togetherwarranted? 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/or6. Not responsible for societal change is needed todetermining or addressing root change relationships, conditionscauses of conflict. and power?
    • 45. TRANSFORMATIVE JUSTICEBuilds 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
    • 46. 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.
    • 47. 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.
    • 48. The YJC Also Promotes that Community Intervention/ Peacebuilding is a Key Component of Transformative JusticeCommunity 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.
    • 49. Job and Cost Comparisons Between Law Enforcement and Intervention
    • 50. How We See Each Other
    • 51. FROM VICTIM, OFFENDER, PREDATOR, JUVENILE, MINOR, DELINQUENT, WARD, PROBATIONER, ILLEGAL ALIEN/IMMIGRANT, CONVICT, MINORITY, HIGH RISK YOUTH, INMATE, PRISONER…
    • 52. TO HUMAN BEING: (PEOPLE/YOUTH IN PRISON, CONVICTED PEOPLE, YOUTH IN CONFLICT WITH THE LAW, UNDOCUMENTED PEOPLE.)
    • 53. FROM GANG MEMBERS
    • 54. TO CHILD SOLDIERS
    • 55. FROM YOUTH ARE MONSTERS
    • 56. TO THE SYSTEM IS MONSTROUS
    • 57. FROM PUNISHMENT WORKS
    • 58. TO TRANSFORMATIVE JUSTICE,INCLUDING TAKING REPONSIBILITY AND REPAIRING HARM
    • 59. FROM “DO ADULT CRIME, DO ADULT TIME.”
    • 60. TO NO YOUTH IN ADULT COURTS, JAILS OR PRISONS. AND FAIR AND HUMANE TREATMENT FOR BOTH YOUTH AND ADULTS.
    • 61. THIS INCLUDES ENDING OUR USE OF DEROGATORY TERMS FOR LAW ENFORCEMENT
    • 62. of both RJ and TJ
    • 63. 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.
    • 64. 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.
    • 65. 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.
    • 66. 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.
    • 67. 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.
    • 68. for Restorative and Transformative Justice
    • 69. 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.
    • 70. for Restorative and Transformative Justice
    • 71. JustEven as our states and countiesare in a fiscal crisis, we have enoughmoney for what we need. Across theU.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.
    • 72. Additional Savings: In Los Angeles, each murder costs $1 million toInvestigate and averages $16 million more in Jail, Court andIncarceration costs. With drastic decreases in homicide across thenation, the money saved should be reinvested in our schoolsand communities.
    • 73. 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 aThe costs to lock up one of these youth in the state’syouth for a year - arrest, court and youth prison system.incarceration costs - could provide The failure rateprogramming in this park for (recidivism) of those systems is between2,000 youth from 3pm - midnight, 70 and 81%.year-around, including hiring 25 youth.
    • 74. 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 ofthousands of dollars a year in hospital, police, participants docourt and incarceration costs. When he is paid, Big not cycle back intoMike makes 1/3 what a rookie police officer makes. the system.Many years, he volunteers due to lack of funding.
    • 75. Transformative Justice Circles
    • 76. PRACTICING TRANSFORMATIVE JUSTICE CIRCLESUse the YJC’s TJ Process Worksheets that outline several incidents, as well as thesteps 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. Wealso use the same process to address issues outside of school.1. Create a team or teams of 5 or more people. Give each team ascenario. Review the scenario and select roles. Remember you arerepresenting another person’s position. You want to make it as real aspossible 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 toconduct the circle from start to finish as though it is real.3. You will be practicing the Youth Justice Coalition’s TransformativeJustice process. But, there are many models and resources for circlefacilitation in the U.S. and throughout the world. Feel free to use theYJC’s process, add to it or shape your own.
    • 77. for Transformative and Restorative Justice
    • 78. INTERNATIONAL MODELSTruth and Reconciliation Commission, South Africa - http://www.justice.gov.za/trc/Zapatista Army of National Liberation - EZLN - http://www.ezln.org.mx/New Zealand - http://www.restorativejustice.org.nz/cms/default.aspxChild Rights Statute, Brazil - http://www.unicef.org/sowc96/lbrazil.htmRole of Youth in Creating Child Rights Statute, Brazil -http://www.culturalsurvival.org/ourpublications/csq/article/childrens-involvement-making-a-new-constitution-brazilOaxaca’s New Youth Justice - http://envisioningjustice.blogspot.com/2009/11/oaxacas-new-juvenile-justice-system.htmlRESTORATIVE JUSTICE - U.S.The California Conference for Equality and Justice - www.cacej.orgCircles of Peace (Nogales, Arizona) - www.circlesofpeace.usOffice of Restorative Justice, Los Angeles Archdiocese -http://www.archdiocese.la/ministry/justice/restorative/index.phpCommunity Conferencing (Baltimore) - www.communityconferencing.orgLoyola Law School, Center for Restorative Justice (L.A.) - http://www.lls.edu/crj/Community Justice for Youth Institute (Chicago) - http://cjyi.org/Restorative Justice for Oakland’s Youth / R-JOY - www.rjoyoakland.orgCommunity Justice Network for Youth (Nationwide) - http://www.cjny.org/Positive Behavior Intervention and Supports (Nationwide) - www.pbis.orgTRANSFORMATIVE JUSTICE - U.S.Generation Five - www.generationfive.orgTransformative Justice Law Project of Illinois - www.yjlp.orgYouth Justice Coalition - www.youth4justice.org

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