Community Justice: an International Overview by Robert V

Community justice: An international overview By Robert V. Wolf GENE SORKIN/CENTER FOR COURT INNOVATION

round the world, many criminal A justice practitioners are grap- pling with some of the same problems: increases in low-level crime; frustration with repeat offenders; overwhelmed police, courts, and prisons; dissatisfaction with an over- reliance on incarceration; and erod- ing public confidence in justice. Faced with these problems, many jurisdictions are testing new solutions. One of the approaches gaining traction is community justice—the idea that the justice system should be more aggressive in engaging communities and more reflective about its impacts on neighborhoods. In the U.S., community justice, which started in the 1980s with community policing, has grown from a Jack Straw, the United Kingdom’s justice secretary and lord handful of isolated experiments to a chancellor, sits on the bench with Judge Alex Calabrese, significant movement. The U.S. gov- during a February 2008 visit to Red Hook Community Justice Center in Brooklyn, New York. ernment has supported the development not only of community the world are turning these princi- of the North Liverpool Community policing, but community courts, ples into concrete programs to Justice Centre. British Columbia community prosecution, and an reform local justice systems. underwent an extensive period of array of community-based correc- public comment before formulating tions initiatives. Today there are over Engaging the community its community court, which is slated three dozen community courts in Typically, community justice pro- to open later this year in Vancouver. operation or planning across the grams seek to actively engage commu- Mock trials in Pretoria, South Africa, country, and the American Prosecu- nity stakeholders—local residents, give the public a better understand- tors Research Institute says that businesses, religious institutions, and ing of how courts work. The commu- nearly 49 percent of prosecutors’ others—during both planning and nity court in Plymouth, England, offices practice community prosecu- operations. Community courts and invites community members to sug- tion in some form. community prosecutors have used gest community service (or “unpaid Community justice projects in the community surveys to measure public work”) projects; to make this easer, U.S.—for example, the Red Hook attitudes toward the justice system; the court maintains lists at commu- Community Justice Center and Mid- established advisory boards to give nity centers to which ordinary citi- town Community Court in New York the public ongoing input into pro- zens can add their suggestions. And City, community prosecution initia- gramming; and created volunteer the Collingwood Neighbourhood Jus- tives in Portland, Dallas, and Indi- opportunities to give citizens a role in tice Centre in Melbourne, Australia, anapolis, and community policing “doing justice.” Community courts has relied heavily on community projects in both large and small and community prosecution pro- input to establish the initiative’s goals cities—have inspired dozens of repli- grams have also strengthened links to and even determine the décor, which cations in places as geographically their communities by moving from includes glass doors at the entrance varied as Canada, Great Britain, imposing centralized headquarters to that have been digitally impressed, at South Africa, Australia, and New smaller-scale neighborhood locations. the suggestion of community mem- Zealand. In Liverpool, England, policymak- bers, with the images of banksia, an What follows is a look at the ers strengthened community links by iconic Australian plant. Community underlying principles of community giving local residents a formal role in members are also responsible for justice—and how countries around the selection of the presiding judge overseeing rotating art exhibits.

306 JUDICATURE Volume 91, Number 6 May-June 2008 Punishment and help bourne provides access to a wide “the Hatfield model is based on the Beyond a commitment to engaging range of services, many available on USA model of dealing with small the community, community justice site, including drug, mental health, crimes, which then leads to less initiatives the world over tend to and financial counseling, and also crime in general.” emphasize alternatives to incarcera- help obtaining housing and employ- tion, like requiring low-risk offend- ment. Services are also available to Solving problems ers to participate in community crime victims as well as community Community justice programs don’t improvement projects. In Plymouth, members at large. “These services merely resolve cases—they seek to England, where citizens are invited mean that not only can many com- solve community problems. The to propose cleanup sites, projects munity justice issues be identified Collingwood Neighbourhood Justice have included everything from fixing and acted upon before they reach Centre is the first in Australia to park fences and repainting schools the courts, but once in court, the merge family, housing, guardianship, to helping elderly or disabled resi- underlying causes of crime and the civil, and criminal matters before a dents clean their gardens or repair needs of victims and defendants can single judge, Magistrate David Fan- their homes. be addressed,” according to Hulls. ning. Advocates say such a multi-juris- Community restitution, however, Department of Justice Secretary dictional structure allows the judge to is only part of the story. Community Penny Armytage says it “is not just address the big picture, especially justice initiatives also seek to about sentencing offenders but when members of the same family are “address the underlying root causes using the court as part of the net- involved in multiple cases at once. of why crime is being committed,” work of services in the community. Fanning says the design encourages says Rob Hulls, the attorney general That sat very well with us.” “consistency in regard to sentencing in the Australian province of Victo- and the administration of justice.” ria. With that in mind, community Quality-of-life crime A recent evaluation of South justice programs seek to link non-vio- Building on the “broken windows” Africa’s nationwide community prose- lent offenders to rehabilitative serv- theory, many community justice pro- cution initiative offered numerous ices, such as drug treatment, job grams, like the projects in Liverpool examples of problem solving, in which training, and debt counseling, seeing and Collingwood, focus on low-level prosecutors partnered with police and the arrest as a moment of crisis offending (called variously in Eng- others to develop creative solutions to when, research has shown, chronic lish-speaking jurisdictions “quality- discrete public safety problems. offenders are more amenable to of-life offending,” “lifestyle crime,” According to the evaluation, prosecu- receiving help and turning their lives “street crime” or “anti-social behav- tors helped eliminate a carjacking around. ior”) such as vandalism, prostitution, hotspot by working with local govern- The community prosecution pro- disorderly behavior, and petty drug ment to install better street lighting; in gram in Winnipeg, Canade, for exam- offending. The North Liverpool ini- another community, prosecutors part- ple, takes a rehabilitative approach to tiative, for example, recognizes that nered with police to stop vigilantism, both “Johns” and prostitutes. Crown petty crime, although traditionally a which had plagued the community. Attorney Susan Helenchilde actively low priority within the justice system, Inspired by such positive outcomes, participates in two diversion pro- is a high priority among community the National Prosecuting Authority’s grams: a John School for clients and stakeholders. The attorney general Acting Deputy National Director Prostitution Diverstion Camp for sex of England and Wales, Baroness Sibongile Mzinyathi said community trade workers. “The goal is to get Patricia Scotland, said that “these prosecution, which was already being Johns educated on the perils of con- sorts of anti-social crimes really deployed in pilot experiments in each sumer sex and to get sex trade work- impinge on the way people feel of the country’s nine provinces, will be ers to reconsider thir lifestyle and about their place.” rolled out in even more sites over the make some new choices,” Helen- Even community courts in South next two years. childe said. Africa, which has been plagued by Swedish community prosecutors The North Liverpool Community high rates of violent crime, take qual- have, among other problem-solving Justice Centre issues sentences that ity-of-life crime seriously. For strategies, focused on repeat offend- combine restorative punishments instance, the Hatfield Community ers—tracking them down, building (such as community service) with Court in the City of Tshwane (a solid cases that demonstrate a pat- help (such as drug treatment). Pro- municipality that includes the tern of offending, and seeking the bation staff supervise community nation’s administrative capital, Pre- maximum sentence. “In one of our service activities, and many social toria) addresses problems like drug smallest cities, they have a top-10 list. services are located on site, ensuring and alcohol offenses, violations of The next time someone on the list is that defendants have immediate municipal bylaws, and shoplifting. arrested, they keep him inside until access to the help they need. Advocate Johnny de Lange, who the trial and while he’s locked up, Similarly, the Collingwood Neigh- serves as deputy minister for justice they try to get all pending investiga- bourhood Justice Centre in Mel- and constitutional development, said tions together and keep him out of

www.ajs.org JUDICATURE 307 circulation for quite some time,” said bation officers, and social service community court in April 2004 to hav- Maud Pihlqvist, the former national specialists (drawn from fields ing 17 by the spring of 2008. director of training for prosecutors including mental health, drug While improving public confi- in Sweden. treatment, and debt counseling)— dence in justice is a goal of commu- advises Judge David Fletcher on nity justice programs in America and Speedier outcomes sentences and sanctions. “On the elsewhere, it takes on particular Many community justice programs one hand it’s resource intensive urgency in South Africa, which has seek to shorten the time it takes a because team members are in my undergone dramatic changes in gov- case to make its way through the court the whole time the court is sit- ernance since the end of apartheid criminal justice system. In South ting; on the other hand, if they in the 1990s. “Our courts are the Africa, it can traditionally take six weren’t doing this, I’d have to frontispiece of the criminal justice months or longer to resolve a case, adjourn for three or four weeks and system,” de Lange said. but in the Hatfield Community probation would need seven hours Improved access and interaction with Court the turnaround is “almost to complete a lengthy report,” the system at all levels will inevitably immediate,” said Martin Schönteich, Judge Fletcher said. Access to build the understanding of the general senior legal officer with the Open knowledgeable support staff also population about court processes. In Society Justice Initiative. Defendants speeds things up. For example, a this way our people, whether in the metropolitan areas, townships or even are usually assessed within 48 hours medical assessment for drug treat- rural areas will get to see, at first hand, of arrest. “The idea was that by ment can typically take up to three justice being done and in action.… addressing cases as quickly as possi- weeks, but in Judge Fletcher’s Respect for the process and the deci- ble, we’d be able to send out a strong courtroom, staff can make an sions of the courts will lead to high deterrent message that can impact immediate referral to a nearby regard for the institutions of democracy, such as the court system, and this on crime and grime,” said Sean Tait, treatment center. will in turn engender respect for formerly of the Open Society Foun- democracy. dation for South Africa. One key to speeding outcomes is Obstacles and catalysts Community justice in England better information. By using new Just as many of the ideas animating and Wales has also enjoyed support technology or bringing informed community justice programs around at the highest levels of government. partners to the table on a regular the world are the same, so are many The Liverpool project was originally basis, justice practitioners can of the obstacles. Practitioners in vari- launched at the behest of leaders in obtain the information they need to ous countries have found that new Tony Blair’s cabinet, several of whom make smart decisions more quickly. ideas are not always welcomed with were influenced by visits to the Red The Plymouth Community Court open arms, and advocates of non-tra- Hook Community Justice Center and holds “problem-solving meetings,” ditional approaches sometimes Midtown Community Court in New at which a police officer, probation encounter resistance—or ridicule— York City. Following the success of officer and community representa- from peers. Limited resources are the Liverpool project, which opened tive review detailed case information another important issue, and many in 2004, the British government (including the offender’s rap sheet, practitioners have had to innovate launched an initiative in Eccles, a vil- data about community conditions, without new funding. lage in the city of Salford, guided by and evidence in the current case, Jurisdictions outside the United similar principles. The project does including witness testimony); the States, of course, also bring to the not involve the creation of a free- team then conducts an “offense table different priorities, customs, standing justice center, as in Liver- analysis” by quizzing the offender and legal systems. These can be pool, but rather seeks to test about the crime and his or her moti- strengths. In South Africa, for exam- problem-solving strategies in a regu- vations. They also ask about hous- ple, oversight of criminal justice pol- lar magistrates’ court. The success of ing, employment, family, and icy is centralized at the highest level of that project, in turn, has led the gov- upbringing. “We emphasize to them government, making it easier to ernment to launch replications in 11 that we’re here to help them,” said implement sweeping new initiatives. sites around England and Wales, an Probation Officer Caroline Jackson. In fact, it was the president of South effort that enjoys the strong support With such detailed information in Africa himself, Thabo Mbeki, who of current Prime Minister Gordon hand, the team makes a speedy sen- called during his state of the nation Brown. Crucially, the local sites have tencing recommendation (usually address in 2004 for the establishment been encouraged to customize their on the first day the offender appears of two community courts in each of initiatives according to neighbor- in court). the country’s nine provinces. With hood needs and resources. The North Liverpool Community the president and national govern- Justice Centre also has an intera- ment firmly supporting the model, Gaining currency gency problem-solving team. The South Africa, a country of over 44 mil- The idea that criminal justice agen- team—which includes lawyers, pro- lion, went from establishing its first cies should take minor crime seri-

308 JUDICATURE Volume 91, Number 6 May-June 2008 Resources

International overview England and Wales A survey of community court and community prosecution The United Kingdom’s first community justice projects—in programs around the world. Crime & Justice International, Liverpool and Salford—have been up and running since July/August 2006, Vol. 22, No. 93. http://www.courtinnova- 2005. Additional projects have recently been developed in tion.org/_uploads/documents/C&J%20International.pdf 11 additional areas. http://www.communityjustice.gov.uk/index.htm Community courts There are currently more than 50 community courts open An op-ed in The Guardian in February 2008 by Minister of in the U.S. and internationally. By the end of 2008, that Justice Jack Straw after a visit to the Red Hook Community number is expected to grow to as many as 79. Given this Justice Center in Brooklyn, New York, endorses the idea of context of a burgeoning international community court community justice. http://commentisfree.guardian.co.uk/ movement, coupled with pressing questions about how to jack_straw/2008/02/seeing_justice_being_done.html adapt the model to diverse settings, the Open Society Foun- dation for South Africa commissioned the Center for Court A podcast documents Minister of Justice Jack Straw’s visit to Innovation to conduct a systematic survey of community the Red Hook Community Justice Center. courts outside South Africa. http://www.courtinnovation.org/Podcasts/Jack_Straw.mp3 http://www.osf.org.za/File_Uploads/docs/community_cour t_world_text_web.pdf Ireland A report by Ireland’s National Crime Council examines the The Red Hook Community Justice Center has served as a positive impact community courts could have if they were model for the North Liverpool Community Justice Centre introduced to the Irish Criminal Justice system. in England. Judicature, Vol. 87, No.5 (March-April 2004). http://www.gov.ie/crimecouncil/downloads/ http://www.courtinnovation.org/_uploads/documents/ NCC_Problem_Solving_Justice.pdf straightoutofredhook.pdf Scotland Australia The Scottish Minister for Justice in 2007 announced a com- Australia’s first community court, in the Collingwood neigh- munity court for Glasgow; the new government is interested borhood of Melbourne, opened in 2007. http://www.jus- in the project and is currently negotiating how to share tice.vic.gov.au/CA2569020010922A/page/Courts+and+Trib costs with the City of Glasgow. http://www.scotland.gov.uk/ unals-Neighbourhood+Justice+Centre? News/Releases/2007/03/26101403 OpenDocument South Africa Canada In 2004, South Africa’s President Thabo Mbeki pledged to Canada’s first community court project is slated to open in open two community courts in each of the country’s nine Vancouver in summer 2008. http://www.ag.gov.bc.ca/ provinces. So far, 17 are in operation. community-court http://www.info.gov.za/speeches/2004/04121010151002.htm

ously, rethink business as usual, and Ideally, best practices developed in and collaborative problem-solving— actively engage communities is one region will be shared interna- that have made community justice gaining currency around the world. tionally, so that jurisdictions can gain attractive to both presidents and New programs are opening all the the maximum benefit from the ordinary citizens alike. g time (for instance, major commu- world’s collective experience—there nity court projects are slated to is even talk of a first-ever interna- open in 2008 in San Francisco and tional community justice confer- Vancouver, and governments in ence. As interest in community ROBERT V. WOLF Ghana, the United Arab Emirates, justice grows, it is crucial that practi- is director of communications at the and China have begun to explore tioners around the globe continue to Center for Court Innovation, a non- community justice as an option), find new ways to share their knowl- profit think tank that helps courts and criminal justice agencies aid victims, demonstrating the strategy’s viabil- edge, promoting not only the reduce crime, and improve public ity in regions as varied as midtown exchange of information but also the trust in justice. Manhattan, rural Africa, and inner- values—of public participation in ([email protected]). city Liverpool. government, equal access to justice,