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Principles of Community Justice | 1 A Guide for Community Court Planners author year about this publication Greg Berman 2010 This report was supported by the Bureau of Justice Assistance under Director grant number 2009-DC-BX-K018 awarded to the Center for Court Center for Court Innovation Innovation. The Bureau of Justice Assistance is a component of the U.S. Department of Justice’s Office of Justice Programs, which also This document builds on an earlier includes the Bureau of Justice Statistics, the National Institute of version (1997) drafted with the help of Justice, the Office of Juvenile Justice and Delinquency Prevention, John Feinblatt. the Office for Victims of Crime, the Community Capacity Development Office, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document do not necessarily represent the official positions or policies of the U.S. Department of Justice. PRINCIPLES OF COMMUNITY JUSTICE | 1 PRINCIPLES OF COMMUNITY JUSTICE: A GUIDE FOR COMMUNITY COURT PLANNERS Instead of focusing exclusively on reacting after the fact to individual crimes and offenders, many criminal jus- ticeINTRODUCTION agencies have begun to think more broadly about how to improve public safety and the quality of life in crime-plaguedLorem ipsum dolor neighborhoods. sit amet, consectetuer This process adipiscing began in elit,the sedfield diam of policing. nonummy Starting nibh aeuismod little more tincidunt than a ut genera- tionlaoreet ago, dolore several magna overlapping aliquam reform erat volutpat. movements Ut wisi emerged: enim ad broken minim windows veniam, policing, quis nostrud community exerci tation policing, ullam and- problem-orientedcorper suscipit lobortis policing. nisl Inut general,aliquip exadvocates ea commodo of these consequat. ideas argued Duis autemthat police vel eum officers iriure could dolor address in hendrerit neighborhoodin vulputate velit crime esse and molestie disorder consequat, more effectively vel illum if dolorethey established eu feugiat closernulla facilisis relationships at vero with eros community et accumsan res- idents,et iusto took odio low-level dignissim crime qui blandit more seriously, praesent and luptatum thought zzril more delenit deeply augue about duis how dolore to identify te feugait and nulla solve facilisi. crime patternsLorem ipsum as opposed dolor sit to amet, simply consectetuer responding adipiscingto a call for elit, service sed diam after nonummya crime had nibh been euismod committed. exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. This process began in the field of policing. Starting a little more than a generation ago, several overlapping Duisreform autem movements vel eum emerged: iriure dolor broken in hendrerit windows in policing, vulputate community velit esse molestiepolicing, consequat, and problem-oriented vel illum dolore policing. eu feu In- giatgeneral, nulla advocates facilisis atof vero these eros ideas et accumsanargued that et police iusto odioofficers dignissim could address qui blandit neighborhood praesent luptatum crime and zzril disorder delenit auguemore effectively duis dolore if tethey feugait established nulla facilisi. closer relationshipsNam liber tempor with communitycum soluta nobisresidents, eleifend took option low-level congue crime nihil more imperdietseriously, anddoming thought id quod more mazim deeply placerat about how facer to possim identify assum. and solve crime patterns as opposed to simply respond- ing Loremto a call ipsum for service dolor aftersit amet, a crime consectetuer had been adipiscingcommitted. elit, sed diam nonummy nibh euismod tincidunt ut laoreetFrom dolore this startingmagna aliquampoint, these erat ideas volutpat. began Ut to wisi spread enim to ad other minim branches veniam, of quisthe criminal nostrud justiceexerci tationsystem. ullamcor For - perexample, suscipit some lobortis states nisl created ut aliquip community ex ea commodo courts in anconsequat. effort to Duisimprove autem the vel judicial eum iriureresponse dolor to inlow-level hendrerit crime in vulputateand bolster velit public esse trust molestie in justice. consequat, And many vel illum district dolore attorneys eu feugiat created nulla community facilisis at prosecutionvero eros et programsaccumsan toet test iustonovel odioresponses dignissim to chronic qui blandit neighborhood praesent luptatumpublic safety zzril problems. delenit augue duis dolore te feugait nulla facilisi. Lorem ipsumTaken dolor together, sit amet, these consectetuer “community adipiscing justice” programselit, sed diam seek nonummy to focus the nibh justice euismod system tincidunt on two utgoals: laoreet prevention dolore magnaand problem aliquam solving. erat volutpat. At the end of the day, community justice is about engaging stakeholders like residents, merchants,Ut wisi enim churches, ad minim and schools veniam, in quis seeking nostrud to prevent exerci tationcrime ullamcorperbefore it occurs. suscipit And lobortis it’s about nisl testing ut aliquip new, ex ea commodoaggressive, consequat. and strategic Duis approaches autem vel to eum public iriure safety dolor when in hendrerit crime happens, in vulputate particularly velit esse low-level molestie offending. consequat, vel illum dolore eu feugiat nulla facilisis at vero eros et accumsan et iusto odio dignissim qui blandit praesent lupta- 2 | CENTER FOR COURT INNOVATION This guide is intended to help criminal justice reformers who are interested in learning more about commu- nity courts. With 20 years of experience with community courts, the Center for Court Innovation has helped plan, implement, operate, and evaluate numerous community justice experiments, including the Midtown Community Court, Red Hook Community Justice Center, Harlem Community Justice Center, and Bronx Community Solutions. Using New York’s community courts as a foundation, along with a few other successful examples from across the nation, this guide seeks to articulate a set of common principles for community courts. In providing these principles, we seek to offer a starting point for justice reformers across the country and around the world. The first community court, the Midtown Community Court, was born of a profound frustration with quality- of-life crime—including prostitution, vandalism, and minor drug possession—in and around Manhattan’s cen- tral business district. These conditions are not necessarily what fuel community courts in other places. Community courts are not designed to be cookie-cutter models; in a perfect world, each will be specifically tai- lored to reflect the needs of the neighborhood it serves. Indeed, just within New York City, each community court has its own special orientation, with Harlem focused on prisoner reentry, Red Hook focused on youth, and Bronx Community Solutions on the challenges of taking the community court model to scale. Recognizing that each jurisdiction must adapt the community court model to its unique situation, this guide concludes with some practical advice for planners, including a frank discussion of the obstacles that they are likely to face and how they might be overcome. MIDTOWN COMMUNITY COURT The Midtown Community Court represents a dramatic departure from the way that lower courts traditionally have operated in New York City. In the 1960s, New York closed down a network of neighborhood magistrate courts that were responsible for arraigning defendants and disposing of low-level criminal cases. Under the new system, intake and arraignment duties were shifted to centralized courthouses serving each of the city’s five bor- oughs. The change was intended to increase efficiency and deter corruption. These improvements came at a cost however: as courts were removed from the communities they were intended to serve, many New Yorkers lost a visible connection to the justice system. In the years following the abandonment of the magistrate courts, caseloads increased exponentially, in response to rising crime and an increased focus by law enforcement agencies on quality-of-life offenses such as shoplifting, prostitution, vandalism, and minor drug possession. Judges and attorneys felt enormous pressure to adjudicate cases as quickly as possible. The majority of misdemeanor cases were disposed of during their first appearance in court with only the most cursory legal review—a far cry from a meaningful “day in court.” If the process was far from ideal, so too were the outcomes. All too often, defendants who admitted their guilt to low-level offenses were sentenced to either a few days in jail or to nothing at all—essentially a conditional dis- charge with no conditions. Neither of these dispositions did much to advance the traditional goals of sentencing: rehabilitation, incapacitation, individual deterrence, or general deterrence. And neither did much to impress local residents and assure community members that their concerns were taken seriously. PRINCIPLES OF COMMUNITY JUSTICE | 3 No neighborhood was hit harder by quality-of-life crime in the 1970s and 1980s than Times Square. It is sometimes difficult to remember now—through the prism of two decades of historic crime reductions—but not too long ago, New York City was viewed by many as ungovernable, and Times Square was known for having more low-level crime than any other place in the country. Several Broadway theaters sat empty—no ticket buyers, no shows. Civic leaders such as Gerald Schoenfeld, the head of the Shubert Organization, which owns many Broadway theaters,
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