Justice Won’t Work Without This Crucial Piece

12/10/21, 3:04 PM Restorative Justice Won’t Work Without This Crucial Piece – Mother Jones
https://www.motherjones.com/politics/2021/08/restorative-justice-illinois-privilege-criminal/?utm_source=facebook&utm_campaign=naytev&utm_medium=social&f… 1/4
Martin Barraud/Getty Images
Fight disinformation. Get a daily recap of the facts that matter. Sign up for the free Mother Jones
Cook County Associate Judge Stuart Katz wanted to try something completely different. The Illinois juvenile court judge was sick of the
usual options: locking up young people or sentencing them to community service. More “creative” approaches, like mentoring or drug
treatment programs, helped the kids who had been prosecuted, but they did little for the people those kids hurt, Katz says. “You also want
to give back to the community,” he explains, “and back to the victim.”
So in 2011, he launched a program to give convicted youth the option to participate in a restorative justice process, in which people who
cause harm, and those affected by their actions, are brought together for a facilitated dialogue. Together, they reach an agreement about
how to repair whatever damage has been done. For a hungry child who stole a bag of Cheetos from a Target, such an agreement might
involve a community nonprofit helping his family get food stamps, says Patrick Keenan-Devlin, executive director of the Moran Center for
Youth Advocacy, an Illinois juvenile defense and social work nonprofit. In a hypothetical case of sexual assault, it might involve a
perpetrator fully admitting their guilt to a survivor. Kids who successfully participated in the process set up by Katz, which was facilitated
by a local Catholic restorative justice group, received community service credit that counted toward their sentence.
For the first 10 or so kids who opted in, the program was “hugely effective and transformative,” says Katz, who is now retired. One marker
P O L I T I C S A U G U S T 1 3 , 2 0 2 1
Restorative Justice Won’t Work Without This Crucial Piece
Illinois is one of the first states to try it.
We Noticed You Have An Ad Blocker On.
Can you pitch in a few bucks to help fund Mother Jones’ investigative
journalism? We’re a nonprofit (so it’s tax-deductible), and reader
support makes up about two-thirds of our budget.
Not Now
12/10/21, 3:04 PM Restorative Justice Won’t Work Without This Crucial Piece – Mother Jones
https://www.motherjones.com/politics/2021/08/restorative-justice-illinois-privilege-criminal/?utm_source=facebook&utm_campaign=naytev&utm_medium=social&f… 2/4
p , p g g y , y ,
of its success was the recidivism of participants, which fell to almost zero. According to Katz, one child who was caught breaking into a
police officer’s house ended up playing on a basketball team coached by the cop after they went through the process. “It was just amazing,
and the sort of thing that absolutely never would have happened had it not been for that kind of a program,” Katz says. “That was so clearly
the intent of the restorative justice program—to help these kids not recidivate, to help them understand, to let them get what help they
needed, and to deal with this on a more personal level, and not just as a cold courtroom.”
But it wouldn’t last. Before long, public defenders started declining Katz’s offers for restorative justice, worried that whatever their young
clients admitted during the process might later be used against them in court. “Just like any other criminal defense lawyer, they’re not
going to allow their client to incriminate themselves,” says Amy Campanelli, the former chief public defender in Cook County. Restorative
justice, Campanelli explains, involves an open discussion about why a person did what they did, to get to the root causes of a harmful
behavior. But if, for example, a participant arrested for selling heroin to an undercover cop says they dealt drugs for years to support an
addiction, what’s to stop a prosecutor from tacking on additional possession and trafficking charges? Even when restorative justice
practitioners use their own confidentiality agreements, “people can drive Mack trucks through loopholes within those,” Keenan-Devlin
Without a guarantee that statements made in restorative justice wouldn’t be used against the kids who opted in, Katz’s program fell apart
in 2012. Now, a new law might make programs like Katz’s possible again. In July, Illinois lawmakers attempted to solve the problem that
plagued it by barring any statements made in a restorative justice process from being used later in lawsuits, prosecutions, or other court
proceedings. The “privilege” now granted to restorative justice in Illinois resembles the same protections afforded to conversations
between doctors and patients; therapists and clients; or in legal mediation. It doesn’t prohibit participants in restorative justice from
disclosing what’s said in the process. But it prevents those disclosures from being used later to prove a legal case. “It really is about evidence
—what can come into a court of law from those sanctioned relationships,” says Keenan-Devlin, the law’s co-author.
With its new law, Illinois joins a small group of states—including Delaware, Nebraska, and Tennessee—that have created special
protections for what’s said in a restorative justice process, according to a database maintained by Shannon Sliva, a professor of social work
at the University of Denver. But Illinois’ may be the broadest, because it recognizes not only “victim-offender dialogues” used in the
criminal legal system, but also grassroots processes that aren’t directly associated with the courts, such as peace circles run by schools,
nonprofits, or individual practitioners. Sliva, who has tracked over 240 pieces of restorative justice legislation passed from the 1970s to
2019, says the law’s definition of restorative justice is unusual because it uses the language of restorative justice practitioners rather than
that of the criminal legal system: It references “parties who have caused harm” rather than “offender,” as well as trauma and a goal of
strengthening community ties.
While state laws authorizing and governing restorative justice have become increasingly common, Sliva says, they don’t always yield an
uptick in the use of restorative processes. Proponents of the new Illinois law believe it is essential groundwork for the spread of such
practices. “That’s the big question,” Sliva says. “If, a year from now or three years from now, or five years from now, that Illinois finds that
the passage of this bill has expanded access.”
Supporters see restorative practices as a powerful alternative to the traditional justice system, in which judges and prosecutors
representing the government send people to prison as a way of punishing past crime and deterring future crime, with “rehabilitation” an
afterthought if it happens at all. Victims, meanwhile, have their testimony used by a prosecutor to secure a conviction, but are otherwise
left out of the justice process. Supporters argue that restorative justice, in contrast, allows victims to define what “accountability” and
“justice” mean to them; the people who cause harm get an opportunity to right their wrongs to the extent possible while being supported
by their community. Ideally, this prevents them from committing the same crime again. “Restorative justice is a way to create or reestablish
relationships where they’ve been broken. It puts names and faces to these things in a way that we haven’t done in quite some time,” says
Tanya Woods, whose Chicago-based organization, the Westside Justice Center, uses restorative practices to resolve matters that otherwise
would go to civil court. But participants have to feel safe enough to be honest—and in most places in the US, restorative justice
conversations are not privileged. “If people are guarded by what they think they can say, you don’t have an honest, open and candid process
or conversation, because people have to be worried about what they’re going to say being used against them later,” Woods says. “It almost
damns the conversation before it even gets started.”
“We really want to see restorative practices practiced universally,” Keenan-Devlin says. “We wanted the state, essentially, to condone
We Noticed You Have An Ad Blocker On.
Can you pitch in a few bucks to help fund Mother Jones’ investigative
journalism? We’re a nonprofit (so it’s tax-deductible), and reader
support makes up about two-thirds of our budget.
Not Now
12/10/21, 3:04 PM Restorative Justice Won’t Work Without This Crucial Piece – Mother Jones
https://www.motherjones.com/politics/2021/08/restorative-justice-illinois-privilege-criminal/?utm_source=facebook&utm_campaign=naytev&utm_medium=social&f… 3/4
y p p y, y , y,
restorative practices, and communicate out to the residents of the state of Illinois that this is something we encourage. So when you
communicate in a restorative setting, you know that the tentacles of the state will not be present, and will not undermine—I’m going to
talk like a Catholic for a second—the sanctity of that practice.”
Restorative justice isn’t a religious concept, but Illinois’ new restorative justice privilege law originated in Chicago’s Catholic community.
In 2015, during a series of meetings on restorative justice held by the Catholic Lawyers Guild of Chicago, Katz aired his frustrations with
the failure of his old program. Other attendees, including Keenan-Devlin, proposed drafting a rule change for the Illinois Supreme Court
that would create a restorative justice privilege. When that effort failed, a coalition of advocacy groups led by the Evanston-based Juvenile
Justice Initiative brought the idea to the legislature.
Restorative justice had already gained a little ground in the state. At the urging of the legislature, the Juvenile Justice Initiative had begun
researching restorative justice in 2015. Focusing on Northern Ireland, which implemented restorative justice for youth after the Troubles,
and other places abroad, they found that other countries broadly followed the United Nation’s principles for the use of restorative justice
programs. “One of these critical principles is confidentiality,” says Betsy Clarke, founder and president of the Juvenile Justice Initiative.
“You can’t have a restorative justice practice without people feeling safe.” Over the following year, Clarke’s group worked with a Londonbased foundation to help the Circuit Court of Cook County create “restorative justice community courts.” Launched in 2017, those courts
now operate in three neighborhoods, handling nonviolent cases involving young adults. Meanwhile, schools in Chicago adopted
restorative processes to deal with student discipline problems without suspensions or other punishments.
But it took three attempts for the privilege legislation to pass, after bills died without a floor vote in both 2019 and 2020. This year, SB 64
sailed through the Democratic-majority legislature—passing the state Senate mostly along party lines, and winning over a handful of
Republicans in the state House of Representatives.
What changed? “The death of George Floyd,” Katz says simply. In response to last year’s uprising against racism and police brutality, the
Illinois legislature made major changes to the state’s criminal legal system, passing landmark bills to abolish cash bail, expand prisoners’
rights, and create a new process to decertify abusive police officers. “Floyd’s death made people aware that we need to do things
differently,” Katz says. “Restorative justice was one of the things that started getting thrown out there as an alternative to police, when you
talk about defunding police in a broad sense.”
Black and Brown communities have the most to gain from restorative justice, Woods argues, because they’re the ones most hurt by the
punitiveness of the traditional justice system. “The cumulative effect of unfair and unjust systems weighs more heavily upon those who’ve
already been oppressed for generations,” she says. “It hurts us more than it hurts anybody else. Because we’re more likely to be picked up
off the street, arrested, for crimes that if we lived in Glenview, probably somebody would just call our parents.”
But in addition—and crucially, according to Clarke—victims’ rights organizations also lined up to support SB 64. Advocates for survivors of
gender-based violence argued to the legislature that restorative justice isn’t simply a way for perpetrators to avoid jail time—it gives
survivors a much-needed option for pursuing accountability, justice, and healing.
“We have survivors who are walking in the door and saying, ‘This person harmed me. I don’t necessarily want them to go to jail. I don’t
want them to go to prison,’” says Madeleine Behr, policy manager for the Chicago Alliance Against Sexual Exploitation. Some of those
survivors don’t want to go through the often retraumatizing process of reporting to Chicago police, who have a poor track record of
responding to reports of sexual harm—making arrests in only 10 to 20 percent of cases, according to a CAASE analysis. Others are looking
for alternative forms of redress, or simply for their abusers to take responsibility for hurting them. For those survivors, Behr says,
restorative justice ought to be an option. “Part of restorative justice is making sure that the survivor can really hear from the person that
harmed them that they admit to what they did,” Behr says. “The survivor can specify what they need from that person to be able to heal. It
can be really tailored to what the survivor wants.”
“But that can’t happen,” she adds, “if the people who have caused harm can’t really fully open themselves up to that process.” Before SB 64
passed, when survivors asked CAASE about restorative justice, advocates had to let them down gently.
Having gender-based violence survivors on their side “completely changed the politics,” Clarke says. “That really countered any concerns
We Noticed You Have An Ad Blocker On.
Can you pitch in a few bucks to help fund Mother Jones’ investigative
journalism? We’re a nonprofit (so it’s tax-deductible), and reader
support makes up about two-thirds of our budget.
Not Now
12/10/21, 3:04 PM Restorative Justice Won’t Work Without This Crucial Piece – Mother Jones
https://www.motherjones.com/politics/2021/08/restorative-justice-illinois-privilege-criminal/?utm_source=facebook&utm_campaign=naytev&utm_medium=social&f… 4/4
g g p y g p , y y y
by law enforcement. Once you have groups that have been harmed, survivor groups, coming forward and saying, ‘We need this option,’
then prosecutors, sheriffs—whatever they say doesn’t carry as much weight.”
“There is often this perception that criminal justice reform and supporting victims are counterintuitive and oppositional,” Behr says. “We
fundamentally repudiate that every chance we get. We can create systems that are beneficial to all parties, and make communities safer,
and actually create the kind of accountability and justice that people are looking for.”
Of course, there are far more barriers to expanding the use of restorative justice than just the issue of privilege. Sliva, at the University of
Denver, points to persistent reluctance among judges and prosecutors to use restorative justice, even when their state has passed
legislation authorizing it. Campanelli, who became vice president of restorative justice at Lawndale Christian Legal Center after the end of
her term as Cook County public defender, argues that another barrier is money—politicians who don’t believe that restorative justice can
effectively address crime pour money into law enforcement and prosecution, rather than community-oriented solutions.
Restorative justice, after all, is also a challenge to those who currently hold power in the criminal justice system. “It’s taking the power
away from the judge and the prosecutor,” Campanelli explains. “It’s the community who’s going to have a say in this, and say, ‘Look, we
know we know what the effects of crime are on our community, and we’re going to change it. And here’s how we’re going to do it.’”
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2021 Mother Jones and the Foundation for National Progress. All Rights Reserved.
We Noticed You Have An Ad Blocker On.
Can you pitch in a few bucks to help fund Mother Jones’ investigative
journalism? We’re a nonprofit (so it’s tax-deductible), and reader
support makes up about two-thirds of our budget.
Not Now

Get Professional Assignment Help Cheaply

Buy Custom Essay

Don't use plagiarized sources. Get Your Custom Essay on
Justice Won’t Work Without This Crucial Piece
Just from $10/Page
Order Essay

Are you busy and do not have time to handle your assignment? Are you scared that your paper will not make the grade? Do you have responsibilities that may hinder you from turning in your assignment on time? Are you tired and can barely handle your assignment? Are your grades inconsistent?

Whichever your reason is, it is valid! You can get professional academic help from our service at affordable rates. We have a team of professional academic writers who can handle all your assignments.

Why Choose Our Academic Writing Service?

  • Plagiarism free papers
  • Timely delivery
  • Any deadline
  • Skilled, Experienced Native English Writers
  • Subject-relevant academic writer
  • Adherence to paper instructions
  • Ability to tackle bulk assignments
  • Reasonable prices
  • 24/7 Customer Support
  • Get superb grades consistently

Online Academic Help With Different Subjects


Students barely have time to read. We got you! Have your literature essay or book review written without having the hassle of reading the book. You can get your literature paper custom-written for you by our literature specialists.


Do you struggle with finance? No need to torture yourself if finance is not your cup of tea. You can order your finance paper from our academic writing service and get 100% original work from competent finance experts.

Computer science

Computer science is a tough subject. Fortunately, our computer science experts are up to the match. No need to stress and have sleepless nights. Our academic writers will tackle all your computer science assignments and deliver them on time. Let us handle all your python, java, ruby, JavaScript, php , C+ assignments!


While psychology may be an interesting subject, you may lack sufficient time to handle your assignments. Don’t despair; by using our academic writing service, you can be assured of perfect grades. Moreover, your grades will be consistent.


Engineering is quite a demanding subject. Students face a lot of pressure and barely have enough time to do what they love to do. Our academic writing service got you covered! Our engineering specialists follow the paper instructions and ensure timely delivery of the paper.


In the nursing course, you may have difficulties with literature reviews, annotated bibliographies, critical essays, and other assignments. Our nursing assignment writers will offer you professional nursing paper help at low prices.


Truth be told, sociology papers can be quite exhausting. Our academic writing service relieves you of fatigue, pressure, and stress. You can relax and have peace of mind as our academic writers handle your sociology assignment.


We take pride in having some of the best business writers in the industry. Our business writers have a lot of experience in the field. They are reliable, and you can be assured of a high-grade paper. They are able to handle business papers of any subject, length, deadline, and difficulty!


We boast of having some of the most experienced statistics experts in the industry. Our statistics experts have diverse skills, expertise, and knowledge to handle any kind of assignment. They have access to all kinds of software to get your assignment done.


Writing a law essay may prove to be an insurmountable obstacle, especially when you need to know the peculiarities of the legislative framework. Take advantage of our top-notch law specialists and get superb grades and 100% satisfaction.

What discipline/subjects do you deal in?

We have highlighted some of the most popular subjects we handle above. Those are just a tip of the iceberg. We deal in all academic disciplines since our writers are as diverse. They have been drawn from across all disciplines, and orders are assigned to those writers believed to be the best in the field. In a nutshell, there is no task we cannot handle; all you need to do is place your order with us. As long as your instructions are clear, just trust we shall deliver irrespective of the discipline.

Are your writers competent enough to handle my paper?

Our essay writers are graduates with bachelor's, masters, Ph.D., and doctorate degrees in various subjects. The minimum requirement to be an essay writer with our essay writing service is to have a college degree. All our academic writers have a minimum of two years of academic writing. We have a stringent recruitment process to ensure that we get only the most competent essay writers in the industry. We also ensure that the writers are handsomely compensated for their value. The majority of our writers are native English speakers. As such, the fluency of language and grammar is impeccable.

What if I don’t like the paper?

There is a very low likelihood that you won’t like the paper.

Reasons being:

  • When assigning your order, we match the paper’s discipline with the writer’s field/specialization. Since all our writers are graduates, we match the paper’s subject with the field the writer studied. For instance, if it’s a nursing paper, only a nursing graduate and writer will handle it. Furthermore, all our writers have academic writing experience and top-notch research skills.
  • We have a quality assurance that reviews the paper before it gets to you. As such, we ensure that you get a paper that meets the required standard and will most definitely make the grade.

In the event that you don’t like your paper:

  • The writer will revise the paper up to your pleasing. You have unlimited revisions. You simply need to highlight what specifically you don’t like about the paper, and the writer will make the amendments. The paper will be revised until you are satisfied. Revisions are free of charge
  • We will have a different writer write the paper from scratch.
  • Last resort, if the above does not work, we will refund your money.

Will the professor find out I didn’t write the paper myself?

Not at all. All papers are written from scratch. There is no way your tutor or instructor will realize that you did not write the paper yourself. In fact, we recommend using our assignment help services for consistent results.

What if the paper is plagiarized?

We check all papers for plagiarism before we submit them. We use powerful plagiarism checking software such as SafeAssign, LopesWrite, and Turnitin. We also upload the plagiarism report so that you can review it. We understand that plagiarism is academic suicide. We would not take the risk of submitting plagiarized work and jeopardize your academic journey. Furthermore, we do not sell or use prewritten papers, and each paper is written from scratch.

When will I get my paper?

You determine when you get the paper by setting the deadline when placing the order. All papers are delivered within the deadline. We are well aware that we operate in a time-sensitive industry. As such, we have laid out strategies to ensure that the client receives the paper on time and they never miss the deadline. We understand that papers that are submitted late have some points deducted. We do not want you to miss any points due to late submission. We work on beating deadlines by huge margins in order to ensure that you have ample time to review the paper before you submit it.

Will anyone find out that I used your services?

We have a privacy and confidentiality policy that guides our work. We NEVER share any customer information with third parties. Noone will ever know that you used our assignment help services. It’s only between you and us. We are bound by our policies to protect the customer’s identity and information. All your information, such as your names, phone number, email, order information, and so on, are protected. We have robust security systems that ensure that your data is protected. Hacking our systems is close to impossible, and it has never happened.

How our Assignment Help Service Works

1. Place an order

You fill all the paper instructions in the order form. Make sure you include all the helpful materials so that our academic writers can deliver the perfect paper. It will also help to eliminate unnecessary revisions.

2. Pay for the order

Proceed to pay for the paper so that it can be assigned to one of our expert academic writers. The paper subject is matched with the writer’s area of specialization.

3. Track the progress

You communicate with the writer and know about the progress of the paper. The client can ask the writer for drafts of the paper. The client can upload extra material and include additional instructions from the lecturer. Receive a paper.

4. Download the paper

The paper is sent to your email and uploaded to your personal account. You also get a plagiarism report attached to your paper.

smile and order essay GET A PERFECT SCORE!!! smile and order essay Buy Custom Essay