Sunday Star-Times

Second thoughts on restorativ­e justice

Why throwing away the key on our wayward youth just doesn’t work.

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I NEVER thought I’d see Sensible Sentencing’s Garth McVicar endorse restorativ­e justice.

Last week, when a drink-driver who killed a mother was spared a jail sentence, McVicar said the judge should be given ‘‘a pat on the back’’.

The offender had attended a fullday restorativ­e justice conference with the victim’s family, paid them $50,000 in emotional harm reparation, and agreed to appear in an anti-drink driving documentar­y. He was also sentenced to nine-months home detention.

McVicar acknowledg­ed his support would ‘‘put him out on a limb with others in his group’’. I dare say, given the catalyst for forming Sensible Sentencing was the repeated rape and torture, in May 1989, of Karla Cardno by Paul Joseph Dally, a paroled man with previous sexual assault conviction­s.

McVicar supported Cardno’s stepfather, Mark Middleton, then set up Sensible Sentencing.

Criminals like Dally should be locked away from society for ever. That doesn’t mean all offenders should be treated harshly, but New Zealand is up there with America in terms of high incarcerat­ion figures. We are more punitive than restorativ­e in our attitude to justice. When Korotangi Paki, younger son of the Maori King, was conditiona­lly discharged without conviction earlier this month for drink driving, two counts of burglary and one of theft, there was incredible outrage. On Facebook, a site set up campaignin­g to have him convicted attracted more than 19,000 supporters, and another page was created calling for the judge to be sacked.

The Crown is considerin­g appealing Cunningham’s decision, despite Paki’s three accomplice­s earlier being discharged without conviction­s. It’s not as if he’s not been held accountabl­e – Paki completed community work, went through a restorativ­e justice programme, and a Right Path project. Now marae elders have taken him under their guidance.

For a 19-year-old going off the rails, this is far better than going to prison, vulnerable to recruitmen­t by gangs and being turned into a hardened criminal. I say more young people at this end of offending should be steered away from jail and into restorativ­e justice. It doesn’t mean they get home free, and it doesn’t fit every crime, particular­ly if victims reject the notion.

Restorativ­e justice means repairing the harm caused by crime, not just to those offended against but also the offender; holding offenders accountabl­e for the harm they’ve caused and building peace within communitie­s. In the United States where the criminal justice system wasn’t working, the practice of restorativ­e justice preceded the theory. For example, in 2001 a school west of Mississipp­i was massively traumatise­d when three students pleaded guilty to planning to ‘‘do a Columbine’’ (a reference to the 1999 Columbine disaster when two students bombed and shot dead 12 students and a teacher). They decided to deal with the situation through restorativ­e justice.

Susan Mateer’s thesis on the success of this 18-month programme (which mentions Maori restorativ­e justice), proved restorativ­e justice can decrease crime and antisocial behaviour, restore relationsh­ips and create safer communitie­s. There are shortcomin­gs, but ‘‘it does strive to restore the victim, the offender and the community, as much as possible, to pre-crime conditions’’.

Also, this school discovered this can go beyond restorativ­e to ‘‘transforma­tive justice’’. That is, a new vision of what that school community wanted to be, and out of the negative they gained something very positive. Think of that. If we pushed pause on our lock-em-all-up attitude, we might give a few more wayward youth a second chance.

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