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WHAT IS RESTORATIVE JUSTICE?

One of the better known aspects of our judicial system that engages in forms of dialogic communication is restorative justice. Restorative justice in it's simplest terms is an approach to justice that strives to repair the harm done by the crime as opposed to merely punishing the offender. It emphasizes accountability, making amends, and — if they are interested — facilitated meetings between victims, offenders, and representatives of the wider community.

As one can imagine, this can be a very delicate situation with emotions running high on both sides of the fence.

RJMP

Ian Ragsdale is the Program Manager at The Restorative Justice Mediation Program (RJMP) in San Diego. RJMP is a non-profit, non-governmental, organization that works in partnership with local justice agencies and other non-profit organizations in San Diego County to provide programs and training that promote the values of respect, responsibility and relationships..

Before getting into the nitty-gritty I wondered what sort of qualifications not only he possessed, but also what qualifications were needed just to become a facilitator. Ian received his B.S. at San Diego Christian College (I know, me neither) and his J.D. from Trinity Law School in Santa Ana. I asked if he was an attorney and he admitted to taking the bar exam because "that's what you're supposed to do at the end of law school" but failed the first time taking it. Although he had a passion for law, he also had a passion for making it better, something he couldn't see happening by joining a law firm. He decided against taking the bar exam a second time and instead became a Certified Mediator in accordance with the Dispute Resolutions Programs Act.

It was then that Ian began what he calls a "juggling act of part-time and volunteer odds and ends". He began offering contract mediation services engaging in preventative law by foreseeing potential pitfalls in contracts and solving problems within before the need for an attorney down the road arose. It was around this time that he began volunteering for RJMP, first handling juvenile cases, then moving to facilitating criminal offenders and their victims. Three years ago, Ian was able to quit his contract side job as he took a supervisory position at Voices for Children, Inc. and an adjunct professor at his old alma mater, San Diego Christian College teaching Conflict Resolution and Negotiation. He continued volunteering at RJMP and in January 2019, replaced long standing Program Manager, Mary Acosta.

"I was floored that the board offered me the position" he told me. Mary Acosta had been with RJMP since before Ian began volunteering there and had been the face of the organization for years before she left to become the Victim's Assistance Coordinator for the San Diego Diocese. Hmmm...I started sensing a theme here, one I wasn't sure about how to tread. San Diego Christian College, Trinity Law, San Diego Diocese? So, I just asked..."Is there some special connection between restorative justice and Christianity?" "Most definitely," he replied "It's Christianity's way to take responsibility for it's part in the flaws in our modern legal system."

"Huh?" I blurted. He chuckled. "Think about what you know about biblical justice. Those who do wrong are committing a sin against God and God's laws. If someone breaks these laws God will judge and punish the sinner. Breaking the law must be avenged and punishment is deserved. Wrongdoers will burn in the fires of hell."

"Retributive justice" I say. "Well, the PC term is Divine Justice now" he replied. Sense of humor, this one. "You see how this mirrors our own criminal justice system?" he continued. "A stern judge presides over the whole affair while the system determines if a law was violated. If so, there is a predetermined punishment which fits the crime, wrongdoers go to prison."

The problem with both these scenarios, says Ian, is that no one really addresses the victim here. Sins are committed against God and crimes are committed against the State. My mind blown, he continued. The similarity of these two approaches to justice (secular and religious) is no mere coincidence. During the Middle Ages both the western legal system and Christian theology "came of age" mutually reinforcing one another. This new legal system needed both the support and justification from a powerful and influential group and so it turned to the Catholic church which dominated most of the Western world at the time. Unfortunately, at the time, the Catholic church was coming off the heels of the Roman Empire and was thusly influenced by imperial concepts of justice than biblical ones.

This interchange created a disconnect which has lasted well over 1,000 years. Ian provides an example of this exchange of religious and secular justice in such concepts like "an eye for an eye". Most in Western society take that in the punitive sense i.e. if someone takes out your eye, you take out theirs. That is, in fact, how the Christian faith has generally interpreted it. However, a more restorative interpretation would seem to suggest that if someone takes out your eye, they are responsible to give you an eye (although maybe not literally).

So as God became the victim of these sins the push increasingly became more towards asking for God's forgiveness than it did the victim's. So too in the secular world where those convicted would put themselves "to the mercy of the court", any restitution or apologies to the victim were forgotten about.

That is where restorative justice comes in. As reinterpretation of scriptures began to veer away from fire and brimstone to a more healing and helpful one, so too did the recognition of Christianity's role in shaping the modern western legal system and it's desire to make right what it had done wrong so many years before.

Every religion has a term that is used to describe the state of being in which the individual is in good standing with themselves, their higher power, and with others around them. The Hindu have the ever popular "namaste". Muslims have "salam", Buddhists "shanti", and Jews and Christians have "shalom". Atheists would probably use "equilibrium". In Divine Justice to be truly achieved, there must be a state of shalom. Asking for God's forgiveness and punishment are a necessity when a sin has been committed but legalism, harsh judgment and punishment are not the predominant themes of the Bible. Love, forgiveness, and a sense of community are. And in that sense, the edicts, the raw themes of Christianity (of all religions, really) should be applied to the legal system.

WHAT ABOUT THE REST?

I am not going to lie here... I was so blown away by the historical connection of Christianity and the modern legal system, I didn't get the opportunity to dig into a lot of the other questions I had. Gone were my questions regarding qualifications for facilitators or what the initial steps were to get the victim-offender mediation ball rolling. Instead, I thanked Ian and as I was about to end my call with him, I suddenly remembered. "Oh shit!" I exclaimed "A story, my Professor wanted a story!"

AND NOW, A STORY...

Jonathan Rasmussen was 23 years old and had just finished working the graveyard shift at his job. He stopped off at a local restaurant in the early morning hours to unwind after work before continuing home. He had a few beers and a burrito and made his way home on the freeway. His fatigue after working coupled with the amount of alcohol in his system impaired his reaction time just enough that by the time he noticed 75 year-old Carl Schneider and his passenger, wife Donna Schneider had moved over into his lane it was too late to avoid hitting into them. The Schneider's car went up into the air, bounced twice in the median and came to restfacing the wrong way in the opposite lanes.

Donna remembers the events vividly, even while her and her husband were being thrown through the air. When the car came to a halt she found her husband not breathing and unresponsive. Moments later a passing motorists hand reached through the driver's side window and tapped Carl on his shoulder. "What is your name?" the man asked. Carl came to and responded "Carl". It wasn't until weeks later that Carl discovered that the passing motorist was Jonathan Rasmussen.

The Schneider's, luckily, were not severely injured. Severe bruising and a hernia were the extent of their injuries although from looking at their totaled car, one would have expected more. The emotional damage done, however, was extensive. It was very difficult for Donna to get into a car again having vivid and continuous memory of the accident and the severalmoments trapped inside the car with her husband who she believed to be dead.

When Jonathan's probation officer approached him about the Restorative Justice Mediator Program he jumped at the opportunity. The court system is set up in such a way that normally not only discourages restorative justice but prohibits it with a "no-contact" order. Jonathan understood the reasoning behind this, but like most people who are truly repentant for their crimes, he felt the need to apologize to the victims face to face.

The Schneider's weren't so immediate in their willingness to participate in the program but after careful consideration decided it was in the best interests of everyone. They met and the dialogue between the two parties proved to be a success. Assigning a face to the victims and to the offender humanized the situation and made it possible for Donna to ride in a car again without the feeling of terror. Donna inquired after their first meeting when they would be able to see Jonathan again and they have remained in contact.

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