PSF4551 | Section 2:

Principles of Individual and Community Advocacy

Professor: Alina Perez

Restorative Justice

Review and research on the healing power of storytelling

By Bethany J. Royer

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Abstract

Restorative justice – “a theory of justice” plays an unusual part in the judicial system in regards

to criminal acts. Rather than seeking entirely punitive or retributive justice against criminals it

brings all “stakeholders of a crime – the offender, victim, friends, family and community –

together so as to participate in an agreed resolution” (Restorative, 2014b). The process, elements

or methods, consisting of three phases: Preparation, encounter, and follow-up (International,

2013). These phases seek to provide the victim with an opportunity to express their concerns

and fears, how the criminal act has affected their lives, and what they would like to see as an

outcome during the restorative process (Gromet, Okimoto, Wenzel & Darley, 2012). Something

not often seen in the court system as there is a tendency, albeit not entirely on purpose, to leave

the victim behind after a criminal act. Which has, historically and currently, left the victim

mostly forgotten as they pick up the pieces of an altered life unaided, angry and alienated from

society, courts and law enforcement (Morgan, 1987). Whereas, the act of restorative justice is

meant to include the victim and make them whole and healthy for a return to their community,

and likewise for the offender. As well as, seeking to reduce what many feel is the most

“important outcome variables” in terms of restorative justice, reducing recidivism or repeat

offenses (Latimer, Dowden and Muise, 2005). However, if restorative justice – an act of

storytelling – aids in piecing the life of the victim back together and returning the offender to the

community whole, why is it not more readily used? In the following we will look at the case of a

life taken by a youth and the rather unusual forgiveness of the victim’s family. Where restorative

justice appears to have worked to make all parties whole but leaves a question as to why it is not

readily used in the court system and the potentially unusual, controversial answer.

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Restorative Justice:

Review and research on the healing power of storytelling

The story begins at the end with a young man by the name of Aaron Poisson placing a

spoonful of ashes at the base of a newly planted tree in memory of someone he had killed, Roger

Kreutz. The victim’s family watching from a few feet away after having greeted the young man

to the memorial with warm words and hugs. Calling this moment one of reconciliation and

ultimately forgiveness for the loss of their loved one at the hands of another, citing it as part of

their healing process (Frankel, 2010).

For the offender this moment was a second chance, Poisson stating the family was too

gracious and that he never would have expected such forgiveness after a series of unfortunate

decisions led to the death of Kreutz. The elder, acting as a Good Samaritan, had attempted to

stop Poisson after he had robbed a Starbucks of its tip jar containing all of five dollars. The

altercation forcing Kreutz to the ground and ultimately dying of a head wound (Frankel, 2010).

While Poisson did serve time in jail for his crimes, it is the reconciliation from the Kreutz

family (Frankel, 2010) that stands as a testament to the value of restorative justice – “a theory of

justice.” One that brings all “stakeholders of a crime – the offender, victim, friends, family and

community – to participate in a resolution” (Restorative, 2014b).

What makes Poisson’s situation so unusual is that typical resolutions after the act of a

crime generally results in both the state and victim (or victims) seeking retributive or punitive

justice, particularly in the United States. This is typically enacted in the form of incarceration of

the criminal(s) for oft-times lengthy jail terms which means a growing number of those being

imprisoned for their acts. At least in terms of adults and juvenile delinquents, whereas

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suspension and expulsion of students is the punitive justice typically sought in the case of crimes

or misbehavior in school environments (Wachtel, 2009).

In fact, the number of those incarcerated in the United States has reached an alarming

proportion, roughly 6,937,600 in the adult correctional system for the year 2012 (Glaze &

Herberman, 2013) with over 1.4 million arrests made of juveniles, those 18 years and younger,

from the year 2011 (U.S., 2014). While the U.S. Department of Education reports that for the school

year 2009-10, out of 42 million students there were 3.7 million suspensions and over 72,000 expulsions

(Shah & McNeil, 2013).

The current or formal criminal justice system - which tends to leave the victim or victims

behind as the state assumes the position of victim - sees to the application of punishment for

those wrongs upon the offender (Doerner & Lab, 2012) but this does not lessen recidivism. The

latter being the general implication of the justice system, to reduce repeat offenses. However, for

all those being incarcerated, former prisoners “account for a substantial share of future crime”

(Chen & Shapiro).

Likewise, the zero-tolerance policies enacted in the educational system, too, has created

environments not conducive to lessening recidivism and comes with a number of consequences

including the increased risk of a student dropping out of school (NASP, 2001).

Is there another approach beyond punitive and/or retributive justice in either

environments? One that would include the victim (or victims) who have historically been

forgotten, left to pick up the pieces of an altered life, angry and alienated from society, courts

and law enforcement (Morgan, 1987)?

The resolution may very well be reconciliation or rather restorative justice, the

“restoration of victims and offenders who have resolved their conflict and settled back into their

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respective communities, whole and intact, feeling justice has been served.” Where justice is

doing something with the offender as opposed to to or for them and includes throughout the

process not only the authorities but the offender’s family and friends, their victim or victims and

even the community (Rodogno, 2008) dependent on the form of the process. Where it explicitly

addresses the concerns of the victim as opposed to, “retribution primarily focusing on the

offender particularly in Western civilizations.” In restorative justice, the victim is provided the

opportunity to express their concerns, fears, how the act has affected their lives and what they

would like to see as an outcome during the restorative process (Gromet, Okimoto, Wenzel &

Darley, 2012).

Was this the case for young Poisson and the family of Roger Kreutz?

Procedures or elements to restorative justice

According to Rodogno, a series of elements make for the overall definition and purpose

of restorative justice. It requires understanding and defining the purpose or reason for the need to

repair the harm placed upon the victim and to ultimately prevent recidivism by the offender.

Along with the latter taking full responsibility for their actions (2008).

Other elements include the positive and active involvement of third party key players. For

instance, it would be a huge disservice to all those involved in the restorative process if the

mediator was disinterested in the outcome. Along with the resulting decisions, the level of

emotional empowerment for all parties is imperative, as is the emotions present during

engagement, as well as, the emotions to be avoided (Rodogno, 2008).

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The International Institute for Restorative Justice breaks the elements or in their theory,

methods, in the restorative process down to three phases: Preparation, encounter, and follow-up

(2013).

For example, in the case of preparation and utilizing the Canadian Restorative Program or

Victim Offender Mediation (VOM) victims and offenders are brought together with a trained

facilitator to engage in a safe dialogue of expression. From the victim’s standpoint this would be

sharing their view of the crime actioned upon them and how it has impacted their lives. This is

also an opportunity for the victim to ask questions of the offender, again, all under the direction

of the mediator (Restorative, 2014b) who must be an engaged but not necessarily an active

participant – to be elaborated upon below.

Of course, the first phase in VOM (preparation) is determining whether or not the actors,

the crime, and the potential resolution are a good fit for the program (Restorative, 2014b). The

International Institute for Restorative Practices recommends asking three questions in terms of

the crime: “Who has been hurt? What are their needs? And who has the obligation to address the

needs and put right the harm” (2013)?

For preparation, multiple items must be taken into consideration regarding the offense.

While historically restorative justice programs and practices have been utilized in juvenile

settings they have also been used in hate crimes, homicide, domestic violence and sexual assault

crimes (Restorative, 2014c). And can be mediated under circles, a concept of Aboriginal

peacemaking traditions, where involvement includes the offender with their family and friends,

the victim with their family and friends, with engagement coming from the act of “relief through

storytelling” (International, 2013).

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Or - the engagement can be done through mediation which tends to be one-on-one

(victim and offender) with a trained facilitator or mediator, or even conferences which is similar

to circles but may include members of the community affected by the crime, as well

(International, 2013).

However the method chosen when it comes to restorative justice, all look for a similar

outcome with support of the “healing power of storytelling.” Where the receipt of a sincere

apology and forgiveness aids in the healing process (International, 2013) and the outcome

consists of the emotional satisfaction and reconciliation of all involved parties even on

differential levels. This may include the victim feeling a sense of empowerment over and in

their lives, the offender’s apology sincerely accepted (Shnabel & Nadler, 2008) and the outliers

such as family, friends and community feeling a sense of justice having been served and/or

satisfaction (Gromet et al., 2012).

The latter plays an equal and significant part in the restorative process, not so much in the

satisfaction of the victim, but in the view of whether or not the victim was satisfied with the

outcome. For restorative justice to move further into the acceptance of mainstream the views of

third parties such as the community plays a pivotal role. If the community or outliers do not feel

justice has been served, that the victim has not reached satisfaction and been made whole, further

punitive retributions against the offender may be demanded. Not to be misinterpreted that victim

satisfaction will create entire third party satisfaction, as the offender’s sincere remorse also plays

a part, but it still may not be sufficient. Particularly in the case of extremely violent criminal

cases such as “murder and rape” (Gromet et al., 2012).

Continuing in regards to the Canadian system of VOM, the second phase or encounter

consists of the meeting or series of meetings if parties voluntarily determine to join in the

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discussions and/or storytelling (Restorative, 2014b). Whereas the court system during punitive or

retributive justice is performed and emotions are suppressed, the discussion or storytelling

elements to restorative justice allow for a release. However, this isn’t to be construed as a free

for-all but a definitive engagement of emotions such as “remorse, guilt, shame, empathy and

hope” while avoiding “anger, humiliation, fear and disgust.” The key element here in the

storytelling is to heal not hurt, to elicit respectful exchanges, with “responsibility, apology and

making amends” (Rodogno, 2008).

An example of restorative justice failing comes in the form of a letter that lacked

responsibility and no attempt to make amends by the offender, a juvenile incarcerated for theft.

The youth wrote a letter to the family he had robbed. Unfortunately, rather than express remorse

in his apology, or make an attempt at amends, or even a hint of shame or responsibility over his

actions, he began his letter with the following: “I don’t know why I am writing this letter to

you!” And went on to describe the family as stupid and at fault for having been robbed (BBC,

2011). Certainly, not a sign of someone who is sorry for what they have done. Fortunately,

authorities did not pass the letter on to the victims which seems to fly in the face of Aaron

Poisson and the family of Roger Kreutz.

Or does it?

Restorative justice seeks to derive particular emotions during the storytelling exchange

such as shame and guilt on the part of the offender. The method is meant to elicit a sincere,

genuine apology and show a thorough understanding of the harm their actions have placed on

their victim or victims. The concept is restoration and empowerment of the victim while

highlighting the act(s) as wrong - not that the offender is wrong for existing - and restoring both

to a whole. As well as, return them to active membership in their respective communities via

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storytelling and an exchange of emotions. This leads to the final phase of VOM which consists

of follow-up such as in the case of monitoring the completion of the agreement made between

victim and offender (Restorative, 2014b). An imperative to not only return the offender to a

whole but reduce the potential of criminal recidivism. Which brings us back to young Aaron

Poisson and the family of Roger Kreutz.

Does restorative justice work?

Aaron Poisson spent nine months in jail for the death of Roger Kreutz in March 2008.

Again, the elder had attempted to stop the teenager from driving away after he had stolen a tip jar

at a St. Louis Starbucks. During the escape, the youth had knocked the 54 year old man to the

ground as he backed away in his car. The Good Samaritan died of his head injuries two days

later. While serving time for his crime, Poisson and the Kreutz family developed an unusual

friendship, their forgiveness evident during the spreading of Roger’s ashes at the site of what

ultimately had been his death. Unfortunately, not long after his release from jail and the

subsequent reconciliation with the Kreutz family, Poisson would be arrested again for the battery

of a woman in the state of Georgia (KMOV, 2010).

There is not enough information regarding Poisson’s exchange with the Kreutz family to

make a determination on how in-depth the restorative process may have been – if any. The

exchange at the site of the death of a family member may have been the only opportunity of an

exchange in the storytelling between victims and offender. Though some news sites report there

was a previous exchange between a family member and the offender before the invitation to the

memorial (at jail). With some reports alluding to previous criminal acts perpetuated by the youth

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well before the theft at the St. Louis Starbucks that led to the death of Roger Kreutz (Neville,

2011).

Obviously, Poisson had much (yet) to learn given his Georgia arrest which may offer a

peek into recidivism when it comes to crime after reconciliation or restorative justice as the

question becomes, does it work?

According to a study by Latimer, Dowden and Muise, recidivism is the most “important

outcome variables” in terms of restorative justice with the “average reduction in recidivism 72

percent after a restorative program” (2005).

So if lessening recidivism is the main goal and restorative justice proves to reduce the

likelihood of repeat offenders, why is the process not readily used? Why are so many

incarcerated in the United States?

Latimer et al., believes self-bias is the greatest obstacle in accepting restorative justice.

Meaning the overwhelming third party reluctance to accept restorative justice as a potential

choice instead of punitive justice (2005) - but why? What makes for the non-support of

reconciliation or restorative justice and predisposition towards punitive judgment? Could it be

attributed to one’s social rank or class elitism - or lack thereof (Kraus & Keltner, 2013)?

For instance, Poisson stole a tip jar containing only $5 (Neville, 2011) a petty criminal

act that on its own would warrant a small punitive judgment if not a situation best suited for

restorative justice. However, given the small rewards in this case for the offender and his

potential of low class standing, one would have to wonder if punitive judgment would have been

the more likely outcome as opposed to restorative justice? Leading to the question of whether or

not socio-economic or the current shape of economic inequalities plays an enormous part in how

justice is served (Kraus & Keltner, 2013).

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A study conducted by Kraus & Keltner produced a scale of class distinction based upon

first impressions such as clothing or whether or not an individual looked to be from the same

country. Other questions included whether or not participants believed social ranking could be

changed, or if social ranking was biologically determined (2013).

Why is class distinction important?

Laws are determined by those high on the economic ladder or those higher class, generally

at the detriment of those in lower economic classes. In this respects, restorative justice may not

be readily utilized if the more powerful class prefers punitive justice. Along with the belief that

lower economic class equates to being an inferior class and poor behavior (Kraus & Keltner,

2013). However, in the case of Poisson, his crime went from petty criminal act to involuntary

manslaughter. We haven’t the opportunity to witness whether or not social, economic class may

have played a part in a lack of reconciliation given the outcome of the crime when all was said

and done. Also, it does not appear that reconciliation or restorative justice played a significant

part in his judgment simply due to a lack of documentation. (Some news outlets report

restorative justice, others do not.) Along with the fact the youth went on to engage in further

criminal activity. We haven’t any way to determine if restorative justice would have worked in

this regard, at least in terms of the offender, however, for the victim’s family the results may be

another story.

Given the exchange at the site of the murder, the Kreutz family is described as hugging the

offender, weeping and making statements of this being part of their healing (Frankel, 2010). In

this case reconciliation or restorative justice may very well come down to a single moment in a

Starbucks parking lot. While it may have failed one half of the equation, Poisson went on to

commit another crime, it does appear to have had enough power to heal and make whole the

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family who lost a loved one. While this is not meant to construe that a single moment of

forgiveness can wipe the proverbial emotional slate clean after the senseless death of a loved

one, it does provide a peek into the potential power of forgiveness and the ability to move on.

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Discussion

The study by Kraus & Keltner regarding class elitism at first may seem insignificant in

terms of relation or association to the restorative justice process, however, the implication of

socio-economic standing in society is significant (2013). As, overwhelmingly, the ranks of those

in prison/jail are represented by the poor, “mostly illiterate, high school dropouts, and either

jobless or employed with low-wage paying jobs at the time of arrest” (Candler & Austin, 2004).

As what constitutes a criminal act is often determined by a selective minority and reinforced by

an equal selective minority. The proportion of those who are convicted of a crime and are

imprisoned is not equal for everyone or all crimes.

For example, Ethan Couch, 16, killed four people after driving drunk but due to what was

deemed as an affluent lifestyle received not a jail sentence but ten years of probation (Ford,

2014). An outcry followed that had the teen been poor and/or African American (he is white) he

would have served time in jail. Highlighting the inconsistency of the judicial system when it

comes to socio-economic standing. However, it also framed a different question that many

overlooked and brings with it the process of restorative justice, the power of storytelling – what

good would a jail sentence have served in this case?

Norm Pattis, a blogger and criminal defense/civil rights lawyer made this keen if

potentially controversial observation in the Couch case by comparing it to another, similar case

closer to home and with a different conclusion.

A young, impaired driver hit another man who subsequently was crippled after the

accident. While the victim spoke graciously of the offender (Much as the Kreutz family did of

Poisson) he asked that the impaired youth still receive the minimal jail sentence so as to, “Feel

some of what he felt daily.” Which evokes a rather striking commentary from Pattis, “Should we

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feel justice in the suffering of another?” (2013). Thus stripping away the questions of elitism and

socio-economic standing for the ultimate guise of punitive punishment – an eye for an eye.

If restorative justice is to be accepted for what it is capable of providing, empowerment

and wholeness to the victim and reduction of recidivism by the offender, society must first

embrace the reasons behind punitive punishment. That punitive punishment is the suffering of

another individual for the sake of an eye for an eye. Or as Pattis asked, “is the pleasure of the

redeemed really enhanced by beholding the suffering of the damned” (2013)?

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