Spotlight on Pro Bono: Spotlight on UIC Law’s Restorative Justice Program: The Impact of Conversation on Chicago Youth and UIC Law Students
By: Allison Howard, UIC Law Fair Housing Legal Clinic Student and Professor Allison K. Bethel, Director, UIC Law Fair Housing Legal Clinic
Background on Restorative Justice
When you look at the American Criminal Justice System, the traditional practice for “justice” is retribution.1 People commit crimes against written laws and are punished for their actions.2 Sadly however, the effects of these punishments stretch beyond the specific crime and makes it difficult for the offender to reenter society. Victims also face problems with the current system - some never get justice, and those that do live with the pain caused by crime forever.
An alternative to this retributive system that is being used in some instances today is Restorative Justice. According to Grinnell College, “Restorative Justice is a theory of justice that views crimes, injustice and misconduct as violations of people and harm to the community.” 1 This concept and practice is not new and has a long standing history in Indigenous, African, and other cultures.1 Restorative Justice makes accountability and restoration a community effort. UIC Law has been able to aid in this community effort through its Restorative Justice Project.
UIC’s Law Restorative Justice Project & It’s Impact on Chicago Youth
Professor Michael P. Seng is the Director of UIC Law’s Restorative Justice Project (the Project). In an interview with him, author Allison Howard learned about the Project’s origins and impact.
The Project was created 15 years ago with a suggestion from his friend, the late Honorable Judge Sheila Murphy. At the time, the only school with this kind of program was Marquette. Professor Seng and others went to Wisconsin to observe how the program was structured in the law school and visited the jails in the area to see how the program was working. Professor Seng views Restorative Justice as a philosophy and practice that requires active responsibility, repairs harm and involves the community for future well-being. While Restorative Justice comes up most prominently in the criminal area, it can be used in all areas of the law.
The Project targets at risk young people and tries to keep them out of the criminal justice system by teaching them to think differently. Law students in the Project work with youths through a partnership with a local boys and girls club. The partnership allows the law students to mentor neighborhood youth and become roles models for them. The classroom component brings in guest speakers with experience in restorative practices.
The Project has had a positive impact on the school to prison pipeline. Professor Seng reports it has lowered truancy rates in elementary schools in Chicago. An example of the Project’s impact on participants was seen in a student who was able to utilize the practices she learned in the program to stop retaliation after the death of her brother.
A common misconception about Restorative Justice is that it is light on crime and lets guilty people free. While the current criminal justice can cause young people to feel victimized, which builds up resentment and hopelessness, Restorative Justice focuses on having the perpetrator accept responsibility for the actions at issue and make amends. Restorative Justice also works to address the injuries inflicted on the victim and community when crime occurs. The practice brings all affected constituents to the table through a “circle of action” to talk it out and reach a resolution.
According to Professor Seng, there is data showing the recidivism rate in the current system is 60% as compared to 12% in restorative justice courts. Also, when a person is done in the Restorative Justice courts their record is sealed and they have a fresh start.
The Restorative Justice Program’s Impact on Current Law Students
To further understand the impact on law students, author Allison Howard interviewed a current student in the Project, Kayla Green. Kayla is a current 2L2 with plans to practice criminal law. Kayla was introduced to Restorative Justice as an undergraduate where she met with Ukrainian students who were on the cusp of the current war and learned what Restorative Justice meant for them. Kayla sees the Project as teaching youth how to self-regulate and address their actions in a healthy way. Kayla particularly enjoys the seminar portion of the Project where speakers share how Restorative Justice has impacted their lives.
Hopes for the Future of Restorative Justice
Restorative Justice allows people to be redefined, helps communities heal from impact of crime and supports the victims’ recovery. It also lessens the burden on the criminal justice system. It is a lot of work, but the results make it exceedingly worthwhile.