Vol. 31, No. 6, 1. A Balanced and Restorative Approach to Juvenile Justice.

• Author: Author: Ben Brettell and Jeremy Besbris

Wyoming Bar Journal

2008.

Vol. 31, No. 6, 1.

A Balanced and Restorative Approach to Juvenile Justice

Wyoming Bar Journal Issue: December, 2008 Author: Ben Brettell and Jeremy Besbris A Balanced and Restorative Approach to Juvenile Justice

On a brisk June morning, Officer Norris stepped outside of his home to find an obscene and threatening poster had been rolled up and shoved underneath his patrol cruiser's emergency lights. Like many before him, Officer Norris felt violated and victimized. His personal life had been targeted and he feared for the safety of his family. Confident in the system, Norris believed that the people responsible for the threats against him would be apprehended and punished. By day's end, Norris' colleagues identified two teenage suspects, neither of whom had any prior involvement in the criminal justice system, and who, when questioned, admitted they were angry at the officer for how he had treated one of their friends.

Retributive vs. Restorative Justice

The retributive justice model has many strengths, but it does not always adequately meet the needs of the victims, offenders and a community in cases of juvenile crime. Under a retributive justice model, the above-described juveniles, if successfully prosecuted, would have faced sanctions that might include juvenile detention, probation, community service, or fines. The victim would have the limited role of presenting a victim impact statement to the Court and providing input to the prosecutor.

In contrast, the Balanced and Restorative Justice (BARJ) Model emphasizes community safety, victims' needs and desires, offender accountability, and expanding the offender's ability to be a productive, law-abiding member of his or her community. At the core of the BARJ model is the guiding principle that "human beings are happier, more cooperative and productive, and more likely to make positive changes in their behavior when those in positions of authority do things with them, rather than to them or for them." Through the BARJ lens, crime is viewed as a broken relationship, or wound, between two or more people, rather than simply as a violation against the state. This allows the justice system to focus on the actual harm done to the victim and/or community. As a result, new options of how to meet the needs of both victims and offenders are created.

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