Jerry Smith is currently incarcerated for Aggravated Assault against Jenny Jones in 2009. Jenny was assaulted by Smith while she was walking to a movie with friends at 8:30 p.m. on a Friday night. The police report states that Smith was out drinking with friends and was intoxicated. When Smith saw Jones and her friends, he walked over to “pick them up”. When Jones laughed at Smith, he became upset and struck her in the head with his bottle of beer. He then kicked her in the head when she was knocked down. Jones was arrested at the scene by an off-duty police officer. Smith pleaded not guilty and was eventually found guilty of the assault. Jones was hospitalized for over a month for a severe concussion (she also suffered a cut to her forehead from the bottle).
Jenny has suffered re-occurring headaches for the past year. She has also suffered panic attacks since the incident and refuses to leave the house at night. Jenny told friends that she should have died that night because she was “picked out for a reason” by Smith.
Smith had several arrests for drunk driving and public intoxication. He was arrested for burglary in 2007 when he broke into a restaurant at 2:00 a.m. because he “had the munchies”. Smith quit drinking in jail and started to go to the jail ministry. Approximately four weeks ago Jerry wrote a letter to the judge asking to meet with Jenny to express his feelings.
Discussion Questions:
The judge heard that you are an advocate for restorative justice. She turns the case over to you to handle. In this discussion board, you must address the following:
Is this a good case for restorative justice?
What may not make this case ideal for restorative justice?
How would you set up this case for restorative justice?
Discuss differences in your process and ideas regarding the case.
Full Answer Section
- Potential for Healing: Restorative justice offers the potential for healing for Jenny. Facing Smith and hearing his remorse directly could help her process the trauma she experienced and potentially alleviate some of her ongoing emotional suffering.
- Community Involvement: While not explicitly stated, the involvement of the community (perhaps through a victim advocate or community representative) could be beneficial in addressing the harm caused and supporting both Jenny and Smith.
What may not make this case ideal for restorative justice?
Several factors present significant challenges:
- Severity of the Crime: The aggravated assault was a violent and traumatic event. The severity of the physical and emotional harm inflicted on Jenny raises concerns about her safety and well-being in a restorative justice setting. It requires careful consideration of whether she is emotionally ready and willing to participate.
- Jenny's Trauma: Jenny's ongoing panic attacks and fear of leaving the house at night suggest significant trauma. Restorative justice should never re-traumatize a victim. Her emotional well-being must be the absolute priority. She needs significant support and agency in the process.
- Smith's History: Smith's history of alcohol abuse and criminal behavior raises concerns about his potential for future violence. While he has expressed remorse, his past actions suggest a pattern of behavior that needs to be addressed. It's crucial to assess if his remorse is genuine and if he poses a continued risk. Simply "quitting drinking in jail" is not sufficient evidence of rehabilitation.
- Power Imbalance: The power dynamic between Smith and Jenny is a concern. It's essential to ensure that Jenny feels safe and empowered throughout the process and that Smith's remorse doesn't turn into manipulation or further victimization.
How would you set up this case for restorative justice?
- Prioritize Jenny's Well-being: Jenny's safety and emotional well-being are paramount. She must have complete agency in the process and be fully informed of her options. She should have access to a victim advocate and/or therapist throughout the process.
- Thorough Assessment: Conduct thorough assessments of both Jenny and Smith individually. For Jenny, this involves understanding her needs, fears, and expectations. For Smith, it involves assessing his remorse, understanding the root causes of his past behavior, and evaluating his commitment to rehabilitation.
- Separate Meetings: Initially, meet with Jenny and Smith separately to understand their perspectives and prepare them for a potential restorative justice meeting. This allows each party to express themselves freely and allows the facilitator to gauge their readiness.
- Controlled Environment: If Jenny agrees to a meeting, it should take place in a safe and neutral environment, with a trained facilitator present. The focus should be on Jenny's needs and her opportunity to express the impact of the crime on her life.
- Agreement on Outcomes: If a meeting occurs, it should focus on reaching a mutually agreeable outcome. This could involve Smith making amends in a way that is meaningful to Jenny (e.g., a formal apology, restitution, community service). There should be no pressure on Jenny to forgive Smith.
- Ongoing Support: Both Jenny and Smith should receive ongoing support after the restorative justice process, regardless of whether a meeting takes place.
Differences in Process and Ideas:
Traditional criminal justice focuses on punishment and retribution. Restorative justice, on the other hand, prioritizes repairing the harm caused by crime and addressing the needs of the victim, the offender, and the community. It emphasizes accountability, healing, and reintegration. My approach would be grounded in these restorative principles, prioritizing Jenny's well-being and empowering her to make choices about how she wants to proceed. It would require a significant shift from the adversarial nature of the traditional court system to a more collaborative and healing-focused approach. It is essential to recognize that restorative justice is not always appropriate, particularly in cases involving severe violence or when the offender does not take genuine responsibility for their actions.
Sample Answer
This is a complex case with both potential benefits and significant challenges for restorative justice. Let's break down the discussion points:
Is this a good case for restorative justice?
In some ways, yes. Several factors suggest this case could be suitable for restorative justice:
- Smith's Remorse: Smith's letter to the judge indicates a desire to take responsibility for his actions and express remorse. This is a crucial element for restorative justice to be successful. Genuine remorse can be a powerful motivator for making amends.