Silver City Daily Press
January 3, 2007

"Restorative Justice program might help cut crime in region"

People are constantly looking for ways to cut down on crime and the cost of law enforcement, and yet it seems to be an uphill battle. Restorative justice may be the closest anyone has gotten to a solution.

The Restorative Justice Community Center of Southwestern New Mexico in Silver City states on its Web site, "Restorative justice combines new and old approaches to creating and building the common link that bonds a community. The practices provide balance so that all voices may be heard, and open the way for empowerment, transformation and restoration."

According to the Web site Restorative Justice Online, three principles form the foundation of restorative justice. First, justice requires working to restore those who have been injured. Second, those most directly involved and affected by the crime should be able to participate in the response if they wish to do so. Third, the role of the government is to preserve a just public order, while the role of the community is to build and maintain a just peace.

Richard Mansbach, program manager for the Restorative Justice Center, explained it a little more simply: "We’re about deep listening."

Mansbach said the center’s goal is to offer mediation, giving a voice to the parties involved in an offense. Offenders have to face their victims, and the victims a chance to explain how they were affected by the situation. In a traditional court setting, Mansbach said, victims remain faceless and silent, and offenders are painted as bullies.

In a restorative justice setting, victims can get answers to questions like, "Why did you do it?" and "Did you pick me out on purpose?" For the offender, the victim gets a "human face, and suddenly it’s not so cool," Mansbach said.

Three basic types of restorative justice practices are used at the center, all of which are completely voluntary. The first is mediation, when there is a very clearcut event, one victim, and one offender. In such a situation, the goal is to facilitate a conversation between the parties, Mansbach explained.

The first step is to have a mediator meet separately with the victim and the offender, so that the mediator can hear both points of view, establish trust, and help both parties prepare for mediation.

The second practice is a justice circle, in which there may be more than one victim or offender, and the community also gets involved. Again, each party meets with the facilitator. The circle then meets, allowing all parties to express their points of view.

"I set up a space that’s conducive to listening," Mansbach said. As a "circle keeper," it is his job to establish a safe space and take a neutral stance. A "talking piece" is used, he explained, to ensure that everyone can have a voice, and also a chance to listen.

"That’s an honoring of what people have to say," Mansbach said. "You tell your truth." Community members also participate, which helps offenders better understand the impact their actions have not only on the victim but also the community at large.

"Having community members there helps hold the offender accountable to the community in a meaningful way," Stephane Luchini, executive director of the Rstorative Justice Community Center, said.

"We’ve had just some incredible things come out of these circles," he said. "Transformation and miracles happen."

Community conferences are the third type of restorative justice practice, though the center in Silver City has not yet made use of it. This type of mediation is used when there is a problem in the community itself, and functions as a sort of town hall, bringing people together to work through issues.

According to a fact sheet provided by the Restorative Justice Center, studies show that using these restorative justice techniques consistently results in a reduction of repeat offenses. By giving the offender and the victim voices and providing a chance for them to understand each other, there is the opportunity for learning and personal growth. It is no longer just a law that has been broken, but a person who has been affected.

"We’re here trying to go beyond mediation," Luchini said. "These are all forms of dialogue."

Luchini explained that dialogue means deep listening, rather than debate; each party tries to really listen to the other and understand the other’s needs.

The center works with the Juvenile Probation and Parole Office and Teen Court, but would like to expand. Mansbach said that additional services would include working with adult criminal referrals, civil court referrals, law enforcement referrals and inmate reintegration.

The center handled more than 50 cases during 2006, with $21,276 contributed inkind volunteer cost savings, as well as an additional 1,900 hours of community inkind involvement and investment.

While a court preliminary hearing, requiring a judge, two attorneys, and various staff and police officers, costs around $500, the restorative justice circle process comes in at around $125 and 20 hours of community inkind investment.

Volunteers with the center are seeking more funding to support expanded services. They would like to start by doubling the number of cases handled each year.

"We don’t have consistent funding," Luchini explained. He said the center has been running on shortterm contracts that have allowed it to boost its presence in the community, as well as a small amount of ongoing funding from the Children, Youth and Families Department, but that steadier funding is needed to continue to expand.

"We really need to get real resources to do this right," he said.

During this year’s legislative seesion, a bill will be introduced to finance the center as a priority initiative under the 6th Judicial District unified budget. Funds would allow staff to implement and support appropriate restorative justice practices. It would also support research and evaluation to incorporate the best practices and also monitor their effectiveness.

Luchini said that he feels comfortable asking for the funding, because it’s an investment in a practice that helps "really repair harm."