How restorative justice could end mass incarceration | Shannon Sliva | TEDxMileHigh
TLDRThe speaker explores the emotional needs of crime victims, highlighting the desire for acknowledgment and genuine apology rather than retribution. They critique the traditional justice system for failing to provide these needs and advocate for restorative justice, which involves face-to-face dialogue to repair harm. The speaker shares evidence of its effectiveness, with high satisfaction rates and low recidivism, and emphasizes the need for systemic and personal change to embrace this transformative approach.
Takeaways
- π People often desire genuine acknowledgment and apology from those who have hurt them, rather than revenge or punishment.
- π Victims of crime typically seek answers to understand how they were harmed and how to protect themselves in the future.
- π The current justice system often fails to provide victims with the opportunity for direct interaction or dialogue with offenders.
- π« Barriers in the justice system, such as the right to remain silent, prevent offenders from taking accountability for their actions.
- π’ Incarceration is not an effective solution to crime, as it often leads to re-offending and does not address the root causes of criminal behavior.
- π Restorative justice is an alternative approach that focuses on repairing harm through face-to-face dialogue between victims, offenders, and community members.
- π Restorative justice can involve tangible actions like repaying damages or symbolic gestures like writing letters of apology to help repair the harm caused.
- π Studies show high satisfaction rates and lower recidivism rates among those who participate in restorative justice programs.
- π€ Despite the potential benefits, restorative justice is not widely implemented due to skepticism or lack of understanding among justice professionals.
- π¬ The speaker suggests that facing each other and engaging in difficult conversations is crucial for true justice reform and healing.
- π Restorative justice requires collective effort and understanding from all members of society, not just those within the justice system.
Q & A
What is the common desire of victims after being hurt by someone?
-The common desire of victims is for the person who hurt them to acknowledge what happened, possibly offer a genuine apology, and to understand the impact they've had on the victim's life. They also seek answers to questions that help them make sense of the event and assess trustworthiness.
What are some barriers that prevent offenders from being accountable to their victims within the current justice system?
-Barriers include the right to remain silent, which discourages offenders from apologizing or taking accountability due to potential legal repercussions. Additionally, there are often restrictions on contact between offenders and victims, even if both parties request it.
Why does the current justice system often fail to meet the needs of crime victims?
-The justice system fails because it does not offer the acknowledgment, apology, or understanding that victims seek. It also does not facilitate a process where victims can get answers to their questions or where offenders are held accountable in a meaningful way.
What is the recidivism rate among offenders who go through restorative justice programs in Colorado's diversion programs?
-The recidivism rate among offenders who participate in restorative justice programs in Colorado's diversion programs is just 8%.
What is the general satisfaction rate among both victims and offenders who participate in restorative justice programs in Colorado?
-95% of both victims and offenders are satisfied with the restorative justice process as implemented in Colorado's diversion programs.
What is the restorative justice approach and how does it differ from the traditional justice system?
-Restorative justice is an approach that focuses on repairing harm through face-to-face dialogues between victims, offenders, and affected community members. It aims to meet the needs created by the crime and facilitate direct accountability, which is different from the traditional justice system that often focuses on punishment and control.
Why is restorative justice not more widely practiced despite its success in certain cases?
-Restorative justice is not widely practiced because many prosecutors, judges, and correctional officials are either skeptical about its effectiveness or do not understand how it fits within their roles. Additionally, it requires difficult face-to-face dialogues that many people, including justice professionals, may be inclined to avoid.
What role does fear play in the perpetuation of the current justice system?
-Fear plays a significant role as it leads to isolation and avoidance of difficult conversations. People tend to overuse incarceration not because it makes things better, but because they are afraid of being hurt and do not know how else to respond.
What is the role of face-to-face dialogue in restorative justice?
-Face-to-face dialogue in restorative justice is crucial as it allows for the exchange of perspectives, the expression of remorse, the understanding of impacts, and the creation of agreements to repair the harm caused by the crime.
How does the speaker suggest we can transform the criminal justice system?
-The speaker suggests that transformation of the criminal justice system requires facing each other, taking responsibility for our roles in mass incarceration, and engaging in restorative dialogues to repair harm. It involves coming together, listening to those most impacted, and designing solutions collaboratively.
What is the significance of the story shared at the end of the script involving a victim's family and the person who caused them harm?
-The story signifies the power of restorative justice in enabling healing and understanding. It shows that with the right preparation and approach, even in the most difficult of circumstances, meaningful dialogue can occur, providing a platform for expression, healing, and potentially transformation.
Outlines
π€ The Desire for Genuine Acknowledgment in Justice
The speaker begins by asking the audience to recall a time when they were hurt by someone, whether physically, emotionally, or through betrayal. They inquire about what would have made them feel better after such incidents, finding that most people desire acknowledgment, a genuine apology, and the chance to express how the incident affected them. The speaker points out that the current justice system often fails to provide these emotional resolutions, focusing instead on legal procedures that can hinder genuine accountability. They introduce the concept of restorative justice as a more human approach to justice that focuses on repairing harm through dialogue.
π Restorative Justice: A Transformative Approach
The second paragraph delves into the concept of restorative justice, explaining it as a philosophy aimed at repairing harm caused by crime through face-to-face dialogue between victims, offenders, and affected community members. The speaker provides examples from Colorado, where restorative conferences are used to divert cases from courts, leading to agreements that repair the harm done. They note that while restorative justice is not a panacea for every criminal case, it is a transformative approach that has shown high satisfaction rates and low recidivism among participants. The speaker also discusses the barriers to implementing restorative justice, including skepticism and lack of understanding among justice professionals.
π Embracing Restorative Justice for Collective Healing
In the final paragraph, the speaker shares personal experiences and observations about the power of restorative justice in facilitating healing and transformation. They emphasize the importance of facing each other, taking responsibility, and engaging in difficult conversations as part of the process. The speaker highlights the role of various stakeholders, including prosecutors, correctional administrators, legislators, and researchers, in coming together to create solutions that address the root causes of crime and incarceration. They conclude by urging everyone to tap into their innate wisdom and compassion to restore themselves and their communities through connection rather than isolation.
Mindmap
Keywords
π‘Harm
π‘Accountability
π‘Justice System
π‘Restorative Justice
π‘Apology
π‘Incarceration
π‘Recidivism
π‘Dialogue
π‘Community
π‘Mass Incarceration
π‘Rehabilitation
Highlights
The desire for genuine acknowledgment and apology from those who have caused harm is a common need among victims.
Most victims want answers and a chance to explain the impact of the crime on their lives.
The justice system often fails to provide victims with the opportunity for genuine interaction with offenders.
Incarcerated individuals are frequently denied contact with victims, even if both parties request it.
The justice system is criticized for not effectively keeping communities safe or reforming inmates.
Restorative justice is presented as an alternative approach that focuses on repairing harm through dialogue.
Restorative justice involves face-to-face meetings between victims, offenders, and community members to agree on reparations.
In Colorado, restorative conferences have diverted hundreds of cases from courts, leading to tangible reparations like repainting vandalized walls.
Restorative justice aims to meet the needs created by the crime and facilitate direct accountability.
Studies show high satisfaction rates and low recidivism among participants in restorative justice programs.
Despite legislative support, restorative justice practices are rarely implemented due to skepticism or lack of understanding among professionals.
The speaker suggests that the reluctance to engage in restorative justice stems from a fear of conflict and a preference for isolation.
Isolation is identified as a default response to crime, which contributes to the overuse of prisons.
The speaker argues that policy problems are fundamentally people problems, requiring face-to-face engagement to solve.
Restorative justice is seen as a people solution that teaches accountability and amends through direct interaction.
The speaker calls for a collective effort in embracing restorative justice to transform the criminal justice system.
Real criminal justice reform will require facing our fear of facing each other and engaging in difficult conversations.
The speaker shares a personal story of a restorative justice dialogue in a prison, highlighting the power of direct communication.
The wisdom and compassion inherent in restorative justice are emphasized as tools for healing individuals and communities.
Transcripts
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