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Balanced and Restorative Justice

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Balanced and Restorative Justice What Does Balanced and Restorative Justice Mean? Victims of crime, the community, and juvenile offenders “Consistent with the protection of the public interest and best should receive balanced attention from the juvenile justice suited to the child’s treatment, supervision, rehabilitation and system and each should gain substantial benefits from their welfare, which disposition shall, as appropriate to the individual interactions with the system. circumstances of the child’s case, provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable the child to become a responsible and productive member of the community.” What is BARJ? Balanced and Restorative Justice (BARJ) has shifted the mission of Juvenile Probation from an offender-centered point of view (rehabilitation) towards a model emphasizing the development of safe communities (protection), responsible youth (competencies) and victim restoration (accountability). Community Protection --The citizens of Pennsylvania have a right to safe and secure communities. Juvenile Court ensures offenders are properly supervised in the community and that offenders’ time is structured in productive activities. This is accomplished through probation supervision, local police ride-alongs, electronic home monitoring, graduated sanctioning, community block watches and Warrant Unit operations. Victim Restoration --In Pennsylvania, when a juvenile commits a crime, an obligation to the victim is incurred. The goal of Balanced and Restorative Justice is to restore the victim to their pre-crime status, including but not limited to financial, emotional and physical well-being. A juvenile may be ordered by the court to make restitution to the victim, perform community service, or write a letter of apology as a condition of court supervision. Why Does Allegheny County Follow the Principles of Balanced and Restorative Justice? Juvenile Court has formed an important partnership With the passage of Act 33, in 1995, Pennsylvania’s juvenile with the Center for Victims of Violence and Crime, justice system was guided by the following purpose of The which offer a high level of victim participation, pre- and Juvenile Act §6301: post- adjudication, thus affording a greater response to victim concerns. “Consistent with protection of the public interest, to provide for children committing delinquent acts programs of supervision, Youth Competencies --Juveniles who come within the care and rehabilitation which provide balanced attention to the jurisdiction of Pennsylvania’s juvenile justice system should protection of the community, the imposition of accountability leave the system more capable of being responsible and for offenses committed and the development of competencies productive members of their communities. to enable children to become responsible and productive members of the community.” Youth who become active in Allegheny County Juvenile Court are linked with community organizations that provide tutoring, If a juvenile is found to be a delinquent, the Court is now anger management, cognitive development, cultural required by §6352 to make a disposition determined to be: awareness, family support, and life skills. Through Victim Awareness groups juvenile offenders become Retributive Justice Restorative Justice aware of the impact their crimes have not only to the victims Crime is an act against the Crime is an act against but also to the whole community. State, a violation of a law, an another person or the Two programs that exemplify the principles of Balanced and abstract idea; community; Restorative Justice are: The criminal justice system Crime control lies primarily controls crime; in the community; Offender accountability Accountability defined as Community Intensive Supervision Program (CISP) was defined as taking assuming responsibility designed to reduce the need for youths to be removed punishment; and taking action to repair from their homes and put into placement, yet still harm; provide close supervision of those youth. CISP operates Crime is an individual act with Crime has both individual in six community centers: Garfield, Hill, Homewood, individual responsibility; and social dimensions of McKeesport, North Side, and Wilkinsburg. responsibility; Punishment is effective. Punishment alone is not School-Based Probation was designed to increase a. Threat of effective in changing communication between the school district and probation punishment deters behavior and is disruptive department; b) increase coordination among the family, crime to community harmony school, probation department and appropriate community b. Punishment and good relationships; changes behavior agencies; c) meet the educational and related needs of mutual Victims are peripheral to the Victims are central to the clients; and d) provide schools with alternatives for managing process; process of resolving a students exhibiting behavioral problems. crime; The offender is defined by The offender is defined by Balanced and Restorative Justice requires the staff of CISP, deficits; capacity to make School-Based Probation, and Community-Based Probation to reparation; enlist the aid and support of community members, Focus on establishing blame, Focus on problem solving, organizations, schools, businesses and churches to monitor on guilt, on past (di he/she do on liabilities/obligations, youth and provide them with constructive activities. To it?); on future (what should be achieve these goals, the Court has established relationships done?); with many organizations such as East Allegheny Community Emphasis on adversarial Emphasis on dialog and Council, Hosanna House, Hill House, YMCA, YWCA, the relationship; negotiation; Imposition of pain to punish Restitution as a means of Salvation Army, Boys and Girls Club, Mon Valley Providers and deter/prevent: restoring both parties; goal Council, Family Support Centers, and the Bloomfield-Garfield of Corp. Other initiatives to assist our youth to become reconciliation/restoration; productive include Stop Now and Plan, Weed and Seed, Community on sideline, Community as facilitator in Communities That Care, City of Pittsburgh Gang-Free Schools represented abstractly by restorative process; and Communities Project, Student Assistance Program (SAP) State; teams, Interagency School Council for Drugs, Alcohol, Response focused on Response focused on Weapons and Violence, Truancy Prevention Project and I Have offender’s past behavior; harmful consequences of a Dream Program. offender’s behavior; emphasis on the future; More Information Dependence upon proxy Direct involvement by professionals. participants If you as a community member or agency are interested in learning more about the Balanced and Restorative Justice philosophy or would like to discuss ways your community can Published and Distributed be involved in alliances with Juvenile Court contact the by Community Education Initiative Chairperson at Allegheny Juvenile Section County Juvenile Court at (412) 350 – 0210. Allegheny County Court of Common Pleas Court Family Division Russell Carlino, Administrator 550 Fifth Avenue Pittsburgh, PA 15219 Phone (412) 350-0200 Fax (412) 350-0197 .
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