For juvenile offenders, a measure of justice that heals
teens go not to court, but to a program with the victim to sort the problem out
By Sally Heaney, Globe Correspondent | August 3, 2006

When Sam Zucker of Concord was 13, he was part of a group of middle school kids who spray-painted graffiti on the sides of buildings around town. The police caught him, and he had to do a number of things to make up for his crimes, including painting over some of the graffiti and working for two days for free at one of the vandalized businesses.

But the incident did not leave Zucker, now 19, with a criminal record, even a juvenile one. He was not involved with the court system at all. And he has not been in legal trouble since.
Instead of appearing before a judge, Zucker faced the owners of the businesses he vandalized through a program called the Concord Restorative Circle, which is run by volunteers in conjunction with the Concord Police Department.

The 2001 case involving Zucker was the first one the Restorative Circle handled. The program is an alternative to the court system for young offenders whose crimes involve property damage or alcohol abuse, but not personal injury. The Carlisle Restorative Circle, a replication of the Concord program, began in 2003.

The two town programs joined forces last month to create Communities for Restorative Justice, with the goal of expanding to other towns. The organization's leaders have a vision of a much more established, public, and broadly supported effort.
``It's going to be a whole community effort to get this rolling," said Barbara Chase, president of the board of the organization.

Middlesex District Attorney Martha Coakley said the restorative justice program is ``an additional resource" and ``an alternative and supplement to the traditional legal system" which is appropriate for some cases and in some communities. ``It is a very community-based model," she said. The program, which is ``very time and labor intensive," has been successful in Concord, a small, close-knit community where it has been closely monitored, she said.

Coakley said her office and the Middlesex Juvenile Court are planning to expand their own Diversion Alternatives Program for first-time juvenile offenders into Lowell this fall. The court-based program, now in Framingham, differs from the restorative justice program in that the offender appears before a judge in court. But it is similar in that the offender is never arraigned, and, if the offender does everything required by the court , the case is dismissed without a mark on the juvenile's record.

The Concord program has completed 21 cases involving offenders ages 12 to 20, Chase said. The Carlisle group has handled 10 cases. Many of the cases involved multiple victims and offenders. There are also a few ongoing cases in each town.

In Concord, the offenses have included a bomb scare at the library, computer theft from the elementary school, shoplifting, vandalism, breaking and entering at a home, and a drive-by shooting with a cap gun , Chase said. In Carlisle, one of the cases involved graffiti at the school campus. Cases of underage drinking, but not of driving under the influence, have also been referred to each of the programs.

In Zucker's case, soon after the graffiti incident, the owner of one of the vandalized businesses gave Zucker a job. Zucker said the job, which he kept for five years, was among the most positive influences on his life.

``I gained a lot of responsibility before my friends," Zucker said. ``I went to work after school instead of hanging out, had money, and started relationships with my co-workers."

After participating in the Restorative Circle and having Zucker work for free for the two days, Maynard Forbes, owner of the West Concord 5 & 10, told his stepson, Chris Curtis, to offer Zucker a job at the store because, Forbes said, he felt that Zucker could use some help and guidance.

Zucker, now a college student, kept the job until this summer, when he quit to take a different job. His sister has worked at the store for about a year.
His mother is in the process of becoming a volunteer for Communities for Restorative Justice.

``I have seen what a great effect the program has had, particularly on my own child," Robin Zucker said. ``He saw he was treated with worth and dignity and had to treat other people that way."

Jean Bell and Joan Turner, founders and coordinators of the Concord Restorative Circle, retired last month as a board of directors for the new Communities for Restorative Justice was elected, Turner said. The new organization has just hired its first paid executive director, who is expected to start work part time this fall, Chase said.

The Concord-Carlisle Community Chest provided $2,500 in funding this year for the restorative justice effort, and the Social Action Committee of Concord's First Parish Church gave $1,000. Third Sector New England, a nonprofit organization, has agreed to provide administrative assistance and nonprofit status, Chase said.

Chase said that under the program the offender, the offender's parents, the crime victim, a police officer, a volunteer assisting the offender, a volunteer assisting the victim, a case coordinator, and a meeting moderator all meet to discuss what happened, the harm done, and how the harm can be rectified.

The group sits in a circle. To ensure that each person has a chance to speak without interruption, a round gray stone engraved with the word ``courage" is passed around the circle. Only the person holding the stone can talk
.
``The process of going around the circle and speaking about it so openly and honestly and emotionally creates an atmosphere of healing that makes everyone want to do what's right," Chase said.

The circle is convened twice. The first time, the group agrees on the restitution that the offender must make. In cases involving alcohol abuse, the offender is frequently referred to professionals for evaluation, education, and therapy. The circle is convened again after the agreed upon tasks have been completed.

It is up to the police whether a case goes to court or is handed to the restorative justice program. Concord Police Chief Leonard Wetherbee, who has been involved with the Concord program since the beginning, said it makes his job easier to have an additional tool for dealing with young offenders and he is eager for it to spread to other towns.
``It has exceeded my wildest expectations," he said. ``We have had a tremendous amount of success. It's not a way to circumvent or eliminate court. It's a complement to the traditional system. In certain situations, we can handle it without putting it in the formal system and having a permanent mark on the offender's record and with the victim made whole."

The police offer the restorative justice option only once.
Wetherbee said the recidivism rate for participants of the restorative justice program in Concord is about 10 percent . Acquiring more complete data is one of the tasks of the program as it moves to its more formal and widespread phase, Chase said.
Wetherbee said that although he doesn't have comparative statistics, anecdotally the police have fewer subsequent problems with offenders who go to a restorative justice circle than to court. He said the program is worth it if even one offender is helped, and it also benefits victims, who have an opportunity to confront the offender in a timely manner.
``We deal with a very small percentage of the population," Wetherbee said. ``Usually, we have the same faces over and over again." With the restorative justice program, the police are seeing ``less of the same faces," he said.
Carlisle Police Chief John Sullivan said he, too, sees value to the program. Sullivan said he didn't think the program is ``stopping everyone 100 percent" but it is a ``great technique" for educating first offenders who commit minor crimes,
In Zucker's case, the program appears to have worked for all involved.
It was years before Zucker's co-workers learned how he came to work at the store, Curtis, the manager, said. By then, ``It wasn't `that person,' " Curtis said. ``It was Sam, who was part of the family."

Sally Heaney can be reached at heaney@globe.com.

Getting personal about crime

by Christy Barbee appearing in the Carlisle Mosquito April 13, 2007

The Restorative Justice Circle has been a well-kept secret in Concord and Carlisle for years now. Secrecy wasn't the intention; it's just that what goes on in a circle must be confidential. That doesn't lend itself to a lot of press coverage or rave reviews.

Often, when the criminal justice system grinds into gear, the victims are effectively abandoned. They get some sympathy but little explanation that might lead to healing. Offenders are punished and humiliated; they are not literally called to account.

Restorative justice stems from the desire to make the response to crime more personal and meaningful. Restorative justice helps victims come to terms with what has happened to them and enables offenders to face their victims and understand the harm they have done.

In our towns, the police may refer cases to a circle of trained volunteers. To date, all of our cases have involved teenagers. A facilitator is assigned to help the victim and another is paired with an offender and his or her parents. All parties come together in a circle. The idea is that all in the circle are equal and will have a voice; all will listen.

What ensues is always emotional. The victim tells what the incident, say the damage of property, has meant to them. Maybe it's dismay, maybe fear, deep anger, or all of these. Usually, the victim wants to know "why me?" Then the offender, who has already admitted to the crime, relates what happened, what he was thinking. He responds to the questions and statements offered by the victim and others in the circle.

Young offenders may be defensive or contrite. Some are articulate about their feelings; often they're not sure why they did what they did. Parent emotions run the gamut, from defiant protectiveness to profound disappointment.

During the course of this meeting, victims seem to relax a little. If they've been angry, they soften as they listen to the offender. Some even joke with the offender, as if to signal, "It's okay. I don't want to see you harmed." Offenders and their parents relax, too. Offenders express regrets; most are eager to make amends.

All participants then brainstorm ideas about how to do that. The victim may have something specific in mind, like a chore or other compensating act. The restorative justice volunteers usually suggest some kind of reflection about decision making, like an essay or a journal. They also try to suggest community service they believe will engage the teen. So often kids get into trouble because they are not involved in anything that motivates them positively.

The teen then has a specific amount of time to complete the acts all circle members have agreed to, after which the circle is convened again for a closing, a kind of review and usually a celebration.

Kids and adults make mistakes, usually more than one per lifetime. Restorative justice takes that into account; the power of the process is the window into the consequence of the mistake. Recently, circles have been held for "victimless" crimes, such as marijuana and alcohol violations. Ours is just one model. Similar programs exist elsewhere in Massachusetts and Vermont. Some Native American peoples use peace circles to address violations in their societies. Some countries employ restorative justice for serious crimes, murder even. I'm not sure we're ready for that here, but I hope our homegrown approach to justice will someday be embraced more broadly. When the response to crime is more personal, the result is more truly just.