DN-R Justice Matters Column: 'Restorative Justice Benefits Both Victims and Offenders'

Paulson Kurtz, who lives near Broadway,
is a retired teacher and former director of
a VORP program in Keyser, WV.

Three boys lazily passing through a graveled lot in their West Virginia town found that by throwing stones high into the air they would make a fun “clink” when landing on a nearby car. 

The boys moved on but police tracked them down, filled out juvenile petitions for the damage done and sent a report to the prosecuting attorney (PA).

This PA, allied with a victim-offender reconciliation program (VORP), had granted the program’s director full access to view incoming petitions. Upon reading these, the director recommended VORP’s restorative justice approach.

To begin, VORP contacted the offenders’ parents and explained that the boys would meet with the car owner to work out an acceptable way to “make things as right as possible.” If mediation was successful and the resulting agreement kept, their cases would be dismissed. 

All parties agreed. The car owner was invited to meet with the boys, and the mediation process was explained. He appreciated that he would have a hand in deciding suitable restitution and that he would not be kept in the dark concerning the case, as is typical when a case is tried in court.

The owner lived 70 miles away, and his daughter had been using the car to attend the local college. On the designated day, he drove the distance to meet with the boys and their parents. No police, attorney, or judge were involved.

A trained VORP volunteer conducted the meeting, during which the boys told what happened and the man related how the vandalism affected him and his daughter. The boys had the opportunity to apologize, and both sides agreed restitution would involve each family contributing $150 in three monthly payments to cover the amount not paid by insurance. In addition, the boys would write weekly notes to the car owner, telling how they were doing in school and what was happening in their lives. The written agreement, signed by all participants, was later presented to the prosecutor for validation.

Over the next few months, VORP collected the payments and notes and forwarded them to the car owner. After all obligations had been met, the owner of the car, in an expression of support and concern for the boys, drove back to the town and treated them to lunch at a restaurant.

Over a period of about a year, this West Virginia program mediated many such cases. In one example some students  driving home from their high school chose to circumvent a long line of cars by driving across the side lawn of a restaurant. After police sent petitions to the PA office, VORP mediated a meeting between the students, their parents, and the restaurant owner. For restitution, the students regraded and reseeded the area and built a rail fence to prevent others from driving through the lawn.

Another time, juveniles vandalized a USPS deposit box on a street corner. The postmaster met with the offenders and for restitution the boys scrubbed graffiti off several deposit boxes around town.

In yet another case, three adults stole an air conditioner from the apartment one of them was vacating—a felony due to the value of the appliance. At a mediated meeting, apologies were made and the offenders repaid the landlord.

Was justice served?

In a restorative justice process, offenders see the material and emotional effects of their actions and assume responsibility for them. Victims learn backstories and participate in deciding restitution. This constitutes justice.

During its year of operation, VORP successfully monitored every restitution agreement to completion. The PA never hindered the process and never refused a case selected for mediation. Patience, good communication, and persistence were vital to the program’s success.

Sadly, with the director, mediators, and board members all being volunteers, the program ended for lack of sufficient support.

A similar local program of this kind, the Fairfield Center, is already in place, and can reduce caseloads for prosecutors, judges, and probation officers while providing just outcomes for offenders and victims alike.

Interestingly, the “grandfather of restorative justice,” Howard Zehr, resides in Rockingham County, and his groundbreaking book, Changing Lenses: A New Focus for Crime and Justice (Herald Press, 1995) has impacted criminal justice around the world. 

Let's support the Fairfield Center as it carries on Zehr's legacy in our community.

- Paulson Kratz is a retired teacher and an advocate for restorative justice.