Restorative Justice

Restorative Justice and Family Violence: From Court to the Community

In 1996, Tubman Family Alliance became the first family violence prevention agency in the United States to partner with the judicial system, law enforcement agencies, and community members to implement restorative justice practices in criminal justice resolution. 

Traditionally, the criminal justice system’s punitive “do the crime, do the time” approach has focused solely on punishment of the perpetrator, leaving unmet the wider needs of everyone else affected by the crime.  Restorative justice is a philosophical approach that provides an alternative to the traditional criminal justice system.   It moves the administration of law from the court to the community.  Simply put, the people affected by the crime determine an individualized and more meaningful resolution for the perpetrator, victim, and community.  Restorative justice addresses the damage that has been done and attempts to repair harm; restore individuals, families, and communities; promote accountability and responsibility; and build relationships.  These practices allow those affected by a crime to have a voice in determining the resolution of the case.  This includes the perpetrator’s sentence, support for victims, and a look at the harm that has been done so a deeper level of healing is realized. 

At the heart of restorative justice is “Circle Sentencing,” a process where the people affected by the crime gather to work out a sentence tailored to the offender.  The “Circle” is often comprised of concerned family members, friends, legal professionals, and other community members who want to help.  For instance, a Sentencing Circle may include the victim and offender, their respective families and friends, a prosecutor, and neighbors who want to see a more appropriate resolution to the crime than simply to send the offender to jail.  The Circle will consensually determine a sentence that is appropriate.  In restorative justice cases, the offender admits guilt and has a desire to change.  The process is more meaningful than a traditional court sentencing because it is individualized and the Circle participants are committed to helping restore everyone involved.  The Circle is established in such a way that everyone participates, has equal status, is given uninterrupted time to speak, and the sentences are consensual with everyone—including the victim and offender.  Once the sentence is in place, follow-up Circles meet to implement the sentence and maintain accountability, and Healing Circles are offered to victims and other affected parties. 

Tubman Family Alliance began using restorative justice practices in 1996 to mediate assaults involving mostly juvenile offenders.  This process encouraged Tubman to establish the approach for family violence crimes.  In 1997, when restorative justice was still in its early stages in Minnesota, Tubman Family Alliance became the first family violence agency in the nation to incorporate a restorative justice approach in the work of ending and preventing family violence. 

Working with the First Nations people of Yukon, Canada, Tubman Family Alliance advocates, judges, law enforcement, probation officers, prosecutors, and community members were trained on the Circle process in 1997.  The Washington County Circle Council was then formed to provide leadership in implementing and overseeing Circles in Washington County.  In its first year, five non-domestic crimes that involved offenders who had family violence histories went through the Circle process.

In 1998, after more intensive Circle training led by First Nations, Tubman Family Alliance worked closely with the Cottage Grove community in implementing the first Circle Sentencing pilot project dealing with family violence crimes.  Similar Circle Sentencing projects have since expanded into the Stillwater area. 

Since Tubman’s initial endeavor with restorative justice, approximately 20 cases have gone through the Circle Sentencing process.  Of those cases, 95% of the offenders have not committed any further violent crimes.  

More information about restorative practices in Minnesota can be obtained on their Web site at www.mnmrsc.org.