Restorative vs. Retributive Justice

Restorative vs. Retributive Justice in Vermont and New Zealand: : 

Restorative vs. Retributive Justice in Vermont and New Zealand: A Case Study Comparison Music by Thomas Newman: American Beauty Soundtrack © Patricia McIntosh Master of Science Degree Program in Mediation & Conflict Studies Capstone Presentation Woodbury Institute of Champlain College June 25, 2009

Parallel Paths– Aaron’s & Powhare’s Stories : 

This is a story of two young men: Aaron Congdon of VermontWhite, male, current age 18and Powhare Rewa of New ZealandMaori, male, current age 22 Parallel Paths– Aaron’s & Powhare’s Stories

Parallel Paths– Aaron’s & Powhare’s Stories : 

Parallel Paths– Aaron’s & Powhare’s Stories Aaron Congdon Powhare Rewa From a small town in Vermont Parents divorced when he was young Lived with a father who was emotionally abusive to him Mother did not share custody but had occasional visitation Committed first felony-level crime under age 18 From a small town in New Zealand Parents divorced when he was young Lived with a father who was emotionally abusive to him Mother did not share custody but had occasional visitation Committed first felony-level crime under age 18

Parallel Paths– Aaron’s & Powhare’s Stories : 

Parallel Paths– Aaron’s & Powhare’s Stories Aaron Congdon Powhare Rewa Neighbors knew of abuse but no steps were taken to intervene Mother killed in a motorcycle accident when he was 15 No protective intervention from state or local authorities Killed his father with a shotgun at age 16 Neighbors knew of abuse but no steps were taken to intervene Father was also very physically abusive to him No protective intervention from state or local authorities Killed his father with a shotgun at age 14

Each of these young men was arrested and charged with murder. : 

Each of these young men was arrested and charged with murder. It is at this point that their stories diverge.

Aaron’s Path : 

Aaron plead guilty to 2nd degree murder to avoid being charged with 1st degree murder Was sentenced by a judge to 22 years to life in prison He will be 38 years old when he first becomes eligible for parole At that point, more than half of his life will have been spent behind bars Aaron’s Path

Aaron’s Path : 

Aaron now has a swastika tattoo, a Mohawk haircut, and at one point, according to his caseworker, he had a swastika shaved into his hair Youthful offenders often do these things, not because it is what they believe, but because they are scared and want to look tough so they will not be assaulted by other prisoners According to Aaron, aside from my visit for this interview, no one has been to visit him even once in the 2 years he’s been incarcerated Aaron’s Path

Why This Matters : 

For me, Aaron is not just a statistic His father and I served on Selectboards in towns that share a School District Aaron and my son went to school together They were friends We knew this child Like many kids, he had some issues and challenges But he was not – is not – a monster Why This Matters

One Important Question : 

When two young offenders: Commit almost identical felony-level violent crimes Under age 18 For similar reasons But are brought to justice in radically different ways – One using a traditional punitive process One using a restorative process ... One Important Question

Slide 10: 

…what differences in outcomes emerge: For the victims and/or survivors For the family members of victims and/or survivors For the community at large And for the offenders themselves ?

Powhare’s Path : 

Powhare’s extended family persuaded the court to allow him to participate in a Family Group Conference rather than being adjudicated by the court system He was sentenced to 2 years of supervision and ordered to live with his extended family – his whanau Additionally he was ordered to do the following: Participate in home schooling Undergo psychological assessment and counseling Have no access to firearms Abstain from drugs and alcohol Powhare’s Path

A Family Group Conference (FGC) is a meeting of: : 

The offender The offender’s family The victim A social worker Police Other authorized parties …to determine how the offender can best repair the harm done to the victim, to his or her own family, and to the community. In New Zealand, all first-time offenders under age 18 are given the opportunity to participate in a Family Group Conference process. A Family Group Conference (FGC) is a meeting of:

Powhare’s Path : 

Powhare has gone on to get an education He has a good job with the New Zealand Forest Service He has become a productive, contributing member of his family, tribe, and larger community He has never reoffended in any way Powhare’s Path

Three Additional Questions: : 

How well is our current justice system here in the U.S. (where young people are often tried as adults) working for both victims and for youthful offenders? How effective is the U.S. system at reducing recidivism among young offenders compared to the FGC model used in New Zealand? If it is less effective, how might we implement an FGC model here that: Increases public safety and Improves outcomes both for victims AND for youthful offenders? Three Additional Questions:

Slide 15: 

With special thanks to: Mike Doolan, Senior Fellow at the School of Social Work and Human Services at the University of Canterbury, Christchurch, New Zealand Shannon Pakura, Chief Social Worker, New Zealand Department of Child Youth and Family Services Mike Bellizzi, Superintendent, and the staff of Northern State Correctional Facility, Newport, Vermont LinkedIn.com, for making it possible for me to locate Mike Doolan And especially to Aaron Congdon, for sharing his story For more information about this presentation or Restorative Justice practices, write to HighRoadMediation@gmail.com