How restorative justice could end mass incarceration | Shannon Sliva | TEDxMileHigh

TEDx Talks
18 Jul 201912:59
EducationalLearning
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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
  • 😔 People often desire genuine acknowledgment and apology from those who have hurt them, rather than revenge or punishment.
  • 🔍 Victims of crime typically seek answers to understand how they were harmed and how to protect themselves in the future.
  • 🏛 The current justice system often fails to provide victims with the opportunity for direct interaction or dialogue with offenders.
  • 🚫 Barriers in the justice system, such as the right to remain silent, prevent offenders from taking accountability for their actions.
  • 🏢 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.
  • 🌟 Restorative justice is an alternative approach that focuses on repairing harm through face-to-face dialogue between victims, offenders, and community members.
  • 🛠 Restorative justice can involve tangible actions like repaying damages or symbolic gestures like writing letters of apology to help repair the harm caused.
  • 📈 Studies show high satisfaction rates and lower recidivism rates among those who participate in restorative justice programs.
  • 🤔 Despite the potential benefits, restorative justice is not widely implemented due to skepticism or lack of understanding among justice professionals.
  • 💬 The speaker suggests that facing each other and engaging in difficult conversations is crucial for true justice reform and healing.
  • 🌐 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
00:00
🤔 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.

05:02
🛠 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.

10:04
🌟 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
💡Harm
Harm refers to damage or injury caused to someone, either physically or emotionally. In the context of the video, harm is central to understanding the need for restorative justice. The script discusses how traditional justice systems often fail to address the harm caused by crime, focusing instead on punishment. Restorative justice, on the other hand, aims to repair the harm by facilitating dialogue and accountability between the victim and the offender.
💡Accountability
Accountability is the responsibility one has for their actions, particularly when those actions have caused harm to others. The video emphasizes the importance of offenders taking accountability for their actions, which is a key component of restorative justice. It contrasts this with the traditional justice system where offenders are often shielded from direct interaction with victims, limiting their opportunity to acknowledge and address the harm they have caused.
💡Justice System
The justice system refers to the institutions and processes in place to administer justice, particularly in the context of criminal acts. The script critiques the current justice system for its focus on punishment and control, rather than healing and restoration. It suggests that restorative justice could offer a more effective approach by addressing the needs of victims and facilitating the offenders' understanding of the impact of their actions.
💡Restorative Justice
Restorative justice is a philosophy and approach to justice that emphasizes repairing the harm caused by criminal acts. It involves face-to-face dialogues between victims, offenders, and community members to agree on how to repair the harm. The video highlights restorative justice as a transformative approach that can lead to better outcomes for victims, offenders, and communities, as opposed to the traditional punitive justice system.
💡Apology
An apology is a formal expression of regret or remorse for wrongdoing. In the video, the speaker mentions that many victims desire an apology from the person who harmed them as a way to acknowledge the harm and begin the healing process. This is part of the restorative justice approach, where genuine apologies can help in repairing the harm caused by criminal acts.
💡Incarceration
Incarceration refers to the act of confining someone in prison as a form of punishment. The script discusses the high rates of recidivism among incarcerated individuals, suggesting that the current system of incarceration is not effectively preventing crime or helping offenders reintegrate into society. Restorative justice offers an alternative approach that focuses on healing and accountability rather than punishment.
💡Recidivism
Recidivism is the act of a convicted criminal returning to crime after being punished. The video points out that a significant percentage of individuals released from prison end up reoffending within three years. This highlights the failure of the current justice system to effectively rehabilitate offenders, and the potential benefits of restorative justice in reducing recidivism rates.
💡Dialogue
Dialogue in this context refers to a conversation or discussion between two or more parties. The video emphasizes the importance of face-to-face dialogue in restorative justice, allowing victims and offenders to communicate directly about the harm caused and the steps needed to repair it. This direct communication is crucial for understanding and empathy, which are key to healing and preventing future harm.
💡Community
Community in the video refers to the broader social group affected by criminal acts, including both victims and offenders. Restorative justice involves the community in the process of repairing harm, recognizing that crime impacts not just individuals but also the social fabric. The script mentions how restorative justice can help in healing not just the immediate victims but also the wider community.
💡Mass Incarceration
Mass incarceration is the practice of imprisoning a large number of people, often disproportionately affecting certain communities. The video criticizes mass incarceration as a symptom of a larger societal problem, where fear and avoidance of conflict lead to reliance on punitive measures rather than addressing the root causes of crime. Restorative justice is presented as a potential solution that could help break the cycle of mass incarceration.
💡Rehabilitation
Rehabilitation refers to the process of restoring someone to a healthy, normal, or improved state, often used in the context of criminal justice to describe efforts to help offenders reintegrate into society. The script suggests that the current justice system fails to effectively rehabilitate offenders, leading to high recidivism rates. Restorative justice, by focusing on repairing harm and facilitating understanding, offers a more holistic approach to 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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