Post on 23-Apr-2023
Kony KimHuman Rights Fellow, 2010
Restorative Justice in the Bronx?
Kony Kim, UC Berkeley
Human Rights Fellow 2010
The Bronx Defenders
HOLISTIC ADVOCACYvs. RESTORATIVE
JUSTICE in the Bronx
Restorative justice
A dialogue-based approach to crime/conflict
that engages the people most affected
in repairing the harm.
RetributiveRestorative
Focus on laws broken; Focus on people hurt; Assign guilt/blame; Identify responsibilities; Seek punishment Seek healing via formal trial. via open dialogue.
Restorative justice
PRINCIPLESCrime harms people and relationships.
Harms create needs and responsibilities. Justice requires repair of harms.
GOALSProtect. Empower. Hold accountable.
MISSIONProvide holistic defense advocacy in the
Bronx:Offer clients seamless access to legal and
social services.
Traditional P.D.Holistic P.D.
Criminal lawyers Lawyers + soc. workersCourtroom defenseWraparound servicesCase outcomes Life outcomes
Holistic defense advocacy
An team approach to public defense addressing causes and collateral
consequencesof justice system contact.
Restorative work culture?
MAYBE… BUT…Constant communication Limited conversationAttention to clients’ needs Focus on
advocates’ roleDefendants are humanized Accusers are
alienated
Securing of rights Building of relationshipsProfessionals People affectedCombat (trial) Conversation (dialogue)Reactive demands Reparative agreements
Holistic Advocacy Restorative Justice
Take-Home ThoughtsHolistic advocacy secures individual rights. It can’t repair relationships or communities.
In our criminal justice system, the poor lack a voice. Hence, advocates are necessary.
In restorative justice dialogues, everyone has a voice. Hence, advocates aren’t as necessary – facilitators are.
Take-Home ThoughtsHope for restorative justice in our system?
You can’t do restorative justice within a defensive role defined by an oppressive system.
You can do restorative justice by creating a facilitator role, thenreaching in (or out) to gaps inthe system.