Restorative Justice and the Maori Tradition

00:38:22
https://www.youtube.com/watch?v=EIp3af8JnuE

Ringkasan

TLDRThe video sheds light on the challenges within the juvenile justice system in Baltimore, which predominantly relies on punitive measures leading to high rates of reoffending and negative socio-economic impacts. It contrasts this with an alternative approach inspired by the Maori justice system in New Zealand, which focuses on restoration rather than punishment. In New Zealand, juvenile offenders engage in community conferencing with their victims and community members on sacred Maori grounds, aiming to restore balance and address emotional factors. This method, centered around concepts of shame and community solutions, has proven successful in reducing reoffending rates and is being adapted in places like Baltimore. The process involves intensive facilitator training and emphasizes the role of community and emotional impact in creating lasting change. The program's success is evident through reduced recidivism rates and emphasizes the potential for similar approaches to be implemented in other regions to improve juvenile justice outcomes.

Takeaways

  • 🚨 The juvenile justice system in Baltimore is largely punitive, leading to high reoffense rates.
  • 🌍 Maori traditions from New Zealand offer a restorative approach to juvenile justice.
  • 👥 Community conferencing involves offenders and victims working together to find solutions.
  • 🕊️ The Māori method emphasizes emotional reconciliation and community-led solutions.
  • 🔄 Restorative justice in Baltimore reduces crime rates and court burdens.
  • 💰 Community conferencing is cost-effective compared to traditional court cases.
  • 📉 Less than 10% of youth offenders reoffend after participating in community conferencing.
  • 🤝 The approach builds empathy by allowing offenders to understand their victims' perspectives.
  • 👨‍👩‍👧‍👦 Family involvement is crucial in the restorative justice process.
  • 🛤️ Successful adaptation of Maori methods offers hope for broader justice reforms.

Garis waktu

  • 00:00:00 - 00:05:00

    The video opens in Baltimore, highlighting the juvenile justice system's efforts in tackling young offenders who have violated their community or home detention. The task force rounds up offenders with multiple charges such as robbery and carjacking. The narrative underscores that for many, this is a repeated cycle of arrests, and the system is overwhelmed with these recurring cases as authorities decide whether these juveniles should face incarceration.

  • 00:05:00 - 00:10:00

    The juvenile justice system challenges are illustrated further with a specific offender's background, indicating a history of drug-related offenses since a young age. This individual's repeated offenses underline the systemic issue of juveniles transitioning into adult criminal systems. The video stresses that the system acts more like a revolving door, with rehabilitation efforts often seen as inadequate, leading to high re-offending rates.

  • 00:10:00 - 00:15:00

    The video discusses the high costs and pitfalls of incarcerating juveniles. Emphasizing how the system inadvertently turns non-violent children into seasoned criminals, the segment explores the social and economic impact of juvenile incarceration. Experts argue this system is broken, focusing on punishment rather than rehabilitation and support, pushing for alternatives to incarceration.

  • 00:15:00 - 00:20:00

    Dr. Lauren Abramson, with an extensive background in psychology and experience in communities plagued by crime, critiques the youth justice system’s failure to rehabilitate. Her observations reveal how systemic violence and lack of support trap young offenders. She notes the scarcity of resources such as recreation centers and programs that could aid in positive youth development. School and familial support are portrayed as crucial but lacking due to broader socioeconomic issues.

  • 00:20:00 - 00:25:00

    Delving into the power of emotions, the narrative highlights how psychologist Sylvan Tompkins' work about emotional motivators plays into rehabilitation. The structure of emotional responses—both negative and positive—is brought out, suggesting that the emotional environment in juvenile systems is counterproductive. The segment hints at potential systems based on emotional intelligence guiding rehabilitation.

  • 00:25:00 - 00:30:00

    Inspired by the traditional Maori justice system, which integrates community and emotional reconciliation, the narrative introduces restorative approaches as potential blueprints for reforming youth justice. In Maori practices, a balanced addressing of crime involving offenders, victims, and community promotes healing and understanding—concepts absent in American punitive measures but relevant to its reform.

  • 00:30:00 - 00:38:22

    The segment concludes by reflecting on the success of community conferencing borrowed from Maori traditions, demonstrating it in US settings like Baltimore. This initiative provides a platform for offenders, victims, and communities to collaboratively devise resolutions, reducing re-offending rates. The narrative advocates for this model highlighting its emphasis on human relationships, community engagement, and problem-solving without heavy judicial involvement.

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Peta Pikiran

Video Tanya Jawab

  • What is the main topic of the video?

    The video focuses on juvenile justice in Baltimore and alternative solutions inspired by Maori justice methods.

  • What are the problems with the juvenile justice system highlighted in the video?

    The video mentions the system's focus on punishment, high rates of reoffending, and its social and economic costs.

  • How does Baltimore's current juvenile justice system function?

    It primarily focuses on punitive measures, leading to high reoffending rates and negative social impacts.

  • What alternative is proposed in the video?

    The video suggests community conferencing, inspired by Maori traditions, as a more effective solution.

  • How does the Maori justice method work?

    It involves offenders and victims meeting to discuss the offense with tribal elders, focusing on restoring balance rather than punishment.

  • What is community conferencing?

    Community conferencing is a restorative justice practice where offenders, victims, and community members collaboratively find solutions to rectify offenses.

  • What is the success rate of community conferencing according to the video?

    The video mentions that youth offenders are far less likely to reoffend after community conferencing, with less than 10% reoffending compared to higher rates in formal systems.

  • Who participates in the community conferencing process?

    Offenders, victims, their families, and other community members participate in finding restorative solutions.

  • How was the Maori justice method adapted in Baltimore?

    Baltimore adopted the principles of storytelling, emotional engagement, and community-led solutions to address juvenile offenses.

  • What is the role of shame in the Maori justice process?

    Shame is used as a powerful motivator for offenders to understand and rectify their wrongdoings.

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Gulir Otomatis:
  • 00:00:03
    [Music]
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    with the homie broadly you know but it's
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    it y'all cool place but we call home be
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    more stand up let's go this is the city
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    way rock cities free wet psy
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    no it's just after sunrise in Baltimore
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    and the city's juvenile warrant task
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    force is out on the streets rounding up
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    teenage lawbreakers
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    [Music]
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    he's got prior armed robbery charges per
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    hand gun charges prior carjacking
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    charges definitely not on the right path
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    they gave him the chance by sending him
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    home on some sort of community or home
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    detention apparently he violated that so
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    they gave him a chance not to sit in
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    jail and he obviously blew that so he's
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    gonna go down or juvenile booking
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    facility and it'll be up to a judge or a
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    master there to decide whether or not
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    they do want to incarcerate in which I
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    think probably will happen
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    six days a week city county and state
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    agencies chase down juvenile offenders
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    with outstanding warrants
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    we're gonna be going to the courthouse
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    down here we've got a gentleman that's
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    got an open juvenile escape warrant that
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    also has a pending adult charge an adult
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    court 2004 was his first entry in our
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    system that was for trespassing and then
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    immediately thereafter a CD s possession
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    with intent so that's I mean that's a
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    lot of charges for a juvenile and it
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    seems like from his records here he's
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    been locked up at least twice a year for
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    a distribution so these definitely a
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    narcotic seller and say
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    this is what they call the deep end of
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    the juvenile justice system
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    this young man has been selling drugs on
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    the streets of Baltimore since he was
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    about 10
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    some of these kids get adult charges
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    they're still in the juvenile system
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    down here on probation until they're
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    officially waved into the adult system
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    so this will probably be the last time
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    we deal with this gentleman but
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    apparently he's got close to ten
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    distribution charges as a juvenile and
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    then at least one as an adult for many
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    of these young people the criminal
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    justice system has become a way of life
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    once they've entered juvenile detention
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    the chances of being arrested again are
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    around 70%
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    [Music]
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    kids that go into the system
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    one it's like a revolving door they find
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    themselves in and out of jail but then
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    two kids that go into the system they go
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    into name network they make friends they
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    get smarter they get stronger they could
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    become battle daughter criminals when
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    they go into the system and obviously
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    that makes makes our life as police and
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    detectives more difficult the costs are
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    staggering
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    to lock up one young person for a year
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    costs more than $60,000 the
  • 00:03:28
    psychological toll and long-term social
  • 00:03:30
    costs are even higher
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    and along with the serious lawbreakers
  • 00:03:36
    the system also sweeps up kids who have
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    committed only minor infractions
  • 00:03:43
    many of those involved with the youth
  • 00:03:45
    justice system from cops to judges to
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    families are urgently seeking
  • 00:03:50
    alternatives
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    the system is horribly broken it being
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    focused on punishment and focused on
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    incarceration politicians on both sides
  • 00:04:03
    of the aisle realize this I mean it's
  • 00:04:06
    not any longer a liberal or conservative
  • 00:04:08
    issue when I go to our legislature they
  • 00:04:12
    all are not happy with the outcomes but
  • 00:04:16
    there's a strange lack of will to do it
  • 00:04:20
    any differently dr. Lauren Abramson is a
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    psychologist and an assistant professor
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    at the Johns Hopkins School of Medicine
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    in Baltimore her interest in youth
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    justice started years ago when she
  • 00:04:33
    worked for Head Start a preschool
  • 00:04:35
    program for low-income families there
  • 00:04:39
    she had first-hand experience with kids
  • 00:04:42
    whose worlds were rocked by violence and
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    poverty
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    that the headstart center there's always
  • 00:04:48
    a part of the classroom that has
  • 00:04:50
    dramatic play and the three and
  • 00:04:54
    four-year-olds were playing out funerals
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    and we're playing out you know somebody
  • 00:05:00
    getting stabbed so you see in the
  • 00:05:04
    classrooms what their lives are like and
  • 00:05:06
    that was a lot of what was going on it's
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    just something it's not but everybody
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    got you're just nits and Rockwall is the
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    buff man Scotia
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    once they slip into the system I'm not
  • 00:05:20
    gonna say that it's impossible for them
  • 00:05:22
    to break out of that lifestyle but what
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    I will say is it definitely becomes far
  • 00:05:27
    more difficult for them to turn their
  • 00:05:29
    lives around
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    I got educated you know my parents were
  • 00:05:33
    strong they were tough for me I know
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    that there's a different way to life but
  • 00:05:38
    these kids when they get in trouble they
  • 00:05:41
    don't have strong parents here in 2012
  • 00:05:44
    where of course everybody is in the
  • 00:05:46
    financial crisis recreation centers have
  • 00:05:49
    been cut programs have been cut they
  • 00:05:51
    have nothing to do these kids today are
  • 00:05:56
    angry they don't have money so instead
  • 00:05:59
    of playing like normal kids used to
  • 00:06:01
    these kids are more focused on how to
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    make money so they can have some of the
  • 00:06:05
    things that they see much of what they
  • 00:06:07
    need it's a downhill downhill battle at
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    this point there they're about two
  • 00:06:14
    million juvenile arrests annually and a
  • 00:06:17
    relatively small percentage of those
  • 00:06:20
    children actually end up behind bars
  • 00:06:23
    that having been said the United States
  • 00:06:26
    locks up children at rates far in excess
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    of similarly situated countries we lock
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    up kids at a rate of about 17 times
  • 00:06:35
    greater than France for example now
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    there's nothing in our rates of
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    delinquency to account for that huge
  • 00:06:42
    disparity and we think the pathway to
  • 00:06:45
    public safety is paved through the
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    penitentiary and we happen to rely on
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    incarceration far more than similarly
  • 00:06:53
    governed countries
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    the best research we have about
  • 00:06:58
    delinquency in the United States
  • 00:07:00
    indicates that 9 out of 10 teenagers
  • 00:07:04
    engage in delinquent acts so delinquency
  • 00:07:07
    in America is a normative phenomenon
  • 00:07:09
    very common to adolescence of that 90
  • 00:07:13
    percent about 36% of the kids suffer an
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    arrest the other kids they're like me
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    they were lucky they didn't get arrested
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    only about 25% of these kids are locked
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    up for violent acts but the way the
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    system works instead of changing
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    behavior upon release more than half of
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    these kids will go on to commit another
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    crime in fact a 2011 study showed that
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    involvement with the juvenile justice
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    system at a young age is a strong
  • 00:07:51
    predictor of adult criminality
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    that leads some to argue that the system
  • 00:07:59
    itself perpetuates the cycle
  • 00:08:03
    [Music]
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    if you take a kid a 16 year old and you
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    expel them from school under
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    zero-tolerance for a fight in the school
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    yard and you prosecute him or her in the
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    juvenile justice system and sends them
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    to a year in a Youth Corrections
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    facility that 300 miles from their home
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    you are doing exactly the opposite of
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    what the research would imply you ought
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    to do if what your ambition is is to
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    maximize the odds that these kids can
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    succeed is adults it will turn a rather
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    docile type person into a hardened
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    criminal I've seen kids who've been shot
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    and stabbed on the streets and actually
  • 00:08:50
    survived and as a result of surviving
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    they get a sense of invincible miss if
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    you will the system definitely hardens
  • 00:09:02
    people
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    - Lauren Abramson and others the
  • 00:09:12
    challenge was to figure out a way to
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    push the system to produce better
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    outcomes for young people based on her
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    work in the community and her own
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    research this is one of the best ladies
  • 00:09:28
    in the world that I know Lauren
  • 00:09:29
    suspected that the answer might be found
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    in a powerful but controversial approach
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    one that relied on emotions Lauren had
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    studied with a revolutionary
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    psychologist named sylvan tompkins who
  • 00:09:45
    contended that one of the key motivators
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    of human behavior was emotion
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    Tompkins drew on Charles Darwin's work
  • 00:09:55
    on evolution particularly his focus on
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    the importance of emotions for human
  • 00:10:00
    survival Darwin collected photographs of
  • 00:10:05
    different types of people from around
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    the world showing consistent emotional
  • 00:10:09
    reactions proof that the same emotional
  • 00:10:12
    response was universal
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    Tompkins believed that humans were born
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    with nine basic effects hardwired
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    responses to stimuli that evolved to
  • 00:10:24
    help us survive these effects include
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    anger shame interest joy disgust fear
  • 00:10:33
    sadness surprise and a repulsion to foul
  • 00:10:37
    odors for which he coined the term
  • 00:10:39
    dismount
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    five of these were considered negative
  • 00:10:44
    effects two of them positive and one
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    neutral
  • 00:10:52
    [Music]
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    Lauren had worked enough in the juvenile
  • 00:10:57
    justice system
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    to know that the majority of experiences
  • 00:11:00
    both offenders and victims had were
  • 00:11:03
    overwhelmingly negative and then kids
  • 00:11:09
    are stuck angry they're really angry and
  • 00:11:15
    then there's just a lack of
  • 00:11:16
    opportunities that go along with that I
  • 00:11:18
    mean once you've been in prison you you
  • 00:11:21
    know felon you can't vote anymore many
  • 00:11:25
    places you can't get a job and it just
  • 00:11:27
    sets this spiral of on lack of
  • 00:11:29
    opportunity and it's devastated our
  • 00:11:32
    country it's marginalized two whole
  • 00:11:34
    groups of people
  • 00:11:38
    Lorin ordinary thinking wasn't going to
  • 00:11:41
    change the situation did needed
  • 00:11:44
    something radical I had studied the
  • 00:11:47
    effects of emotions on health and
  • 00:11:49
    illness in a very kind of neuroscience
  • 00:11:52
    kind of way and then I had community
  • 00:11:54
    work that I was doing and I always
  • 00:11:57
    thought that they would sort of be
  • 00:11:58
    parallel interests but I I could not
  • 00:12:03
    always figure out how to that they would
  • 00:12:05
    intersect
  • 00:12:07
    a moment of Revelation came for Lauren
  • 00:12:10
    when she realized that someone had
  • 00:12:12
    already combined these ideas and that
  • 00:12:16
    they lived halfway around the world for
  • 00:12:24
    nearly a thousand years the Maori people
  • 00:12:27
    have called the islands of New Zealand
  • 00:12:29
    home today
  • 00:12:31
    the Maori make up about 14% of New
  • 00:12:34
    Zealand's population where they are
  • 00:12:36
    members of several dozen distinct Kiwi
  • 00:12:38
    or tribes the Maori are best known for
  • 00:12:46
    spectacular cultural traditions like the
  • 00:12:48
    haka an aggressive ritual challenge that
  • 00:12:51
    incorporates dramatic facial expressions
  • 00:12:54
    to intimidate opponents they are less
  • 00:13:02
    well known for an effective approach to
  • 00:13:04
    justice that gives Lauren hope for
  • 00:13:07
    Baltimore
  • 00:13:11
    in Auckland New Zealand teenage
  • 00:13:15
    offenders their victims and those
  • 00:13:17
    involved in their case are called on to
  • 00:13:20
    the sacred Maori meeting grounds called
  • 00:13:22
    a Mirai
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    [Music]
  • 00:13:31
    once the call has been made by one of
  • 00:13:34
    the women of the malai then the guests
  • 00:13:38
    start to move forward on to the malai so
  • 00:13:41
    they walking with this assurance that
  • 00:13:44
    there is a warmth of welcome being
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    extended to them notwithstanding who
  • 00:13:49
    they are notwithstanding what crime they
  • 00:13:51
    have performed when they come on these
  • 00:13:55
    young people they are equals you never
  • 00:13:58
    get that in a quarterly New Zealand law
  • 00:14:02
    prohibits revealing the identity of
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    juvenile offenders so their faces have
  • 00:14:07
    been intentionally blurred it's
  • 00:14:11
    fascinating watching them coming onto
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    the Menai with the police who arrested
  • 00:14:15
    them as part of the Polly they're all
  • 00:14:16
    standing together after they are
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    welcomed in a ritual called PO weary
  • 00:14:22
    they enter the house and greet one
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    another with an embrace and the
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    traditional Maori greeting called a Hong
  • 00:14:28
    e touching both nose and forehead
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    represents the exchange of the ha or
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    breath of life
  • 00:14:38
    this is one of the strengths that our
  • 00:14:42
    Maori environment can provide it is
  • 00:14:46
    therapeutic in that sense the therapy
  • 00:14:49
    begins even before the judgement is made
  • 00:14:54
    then the people who would say the
  • 00:14:58
    auditor thought that we are now one so
  • 00:15:01
    your status now becomes merged with the
  • 00:15:05
    rest of your hosts
  • 00:15:08
    this is one of the final steps of the
  • 00:15:11
    juvenile court procedure but the process
  • 00:15:14
    is based on a centuries-old Maori
  • 00:15:16
    tradition called a Hui the tradition
  • 00:15:21
    required offenders and victims to meet
  • 00:15:24
    with tribal elders and key family
  • 00:15:26
    members to talk out the problem and
  • 00:15:28
    settle it themselves with an agreement
  • 00:15:32
    the modern version of this process is
  • 00:15:35
    called a family group conference
  • 00:15:38
    aspects of our culture like karakia
  • 00:15:41
    prayer me me acknowledgement we're
  • 00:15:44
    singing they all play their role in the
  • 00:15:47
    process if anybody comes in like with an
  • 00:15:52
    appropriate attitudes angry or
  • 00:15:54
    frustrated you know the use of kuraki as
  • 00:15:57
    a way of defusing all those types of
  • 00:15:59
    things and it puts everyone on the same
  • 00:16:01
    playing field and once everybody is down
  • 00:16:07
    on the same level then we're ready to
  • 00:16:09
    communicate with one another effectively
  • 00:16:10
    and most importantly we want to see no
  • 00:16:14
    more burglaries in particular and in
  • 00:16:17
    this session the presiding judge and a
  • 00:16:19
    group of tribal elders are evaluating
  • 00:16:22
    how the offender is complying with the
  • 00:16:24
    terms of his conference agreement
  • 00:16:27
    welcome to you the elders intentionally
  • 00:16:31
    put the proceedings in cultural terms
  • 00:16:34
    reminding the offender that he's part of
  • 00:16:36
    something bigger cuter and cuter - oh hi
  • 00:16:41
    Mary Kay McKie and now take total
  • 00:16:44
    holistic approaches in addition to the
  • 00:16:47
    official authority of the court this
  • 00:16:49
    location has symbolic power the Mirai is
  • 00:16:53
    the figurative home of all Maori and yet
  • 00:16:56
    each Maori ewwy or sub tribe has its own
  • 00:17:00
    unique Mirai the elaborate carvings
  • 00:17:03
    tells stories of their particular
  • 00:17:05
    ancestors and history
  • 00:17:09
    by bringing them to the marae it's not a
  • 00:17:12
    soft option because all of those
  • 00:17:15
    protocols that are observed when you
  • 00:17:18
    come to the marae have been observed
  • 00:17:20
    ever since Maori arrived here in this
  • 00:17:23
    country in Maori villages in the past a
  • 00:17:27
    crime would throw the community out of
  • 00:17:29
    balance
  • 00:17:31
    [Music]
  • 00:17:33
    traditional Maori justice turns on the
  • 00:17:36
    idea of restoring that balance
  • 00:17:39
    [Music]
  • 00:17:42
    to achieve that families of both parties
  • 00:17:45
    involved with the crime would gather
  • 00:17:47
    with tribal elders at the Mirai to
  • 00:17:49
    discuss the incident and it was also an
  • 00:17:55
    opportunity for the person who committed
  • 00:17:58
    the crime to understand the effect by
  • 00:18:01
    being there and feeling the the pain
  • 00:18:04
    that they've caused
  • 00:18:08
    the Maori understood the power of
  • 00:18:11
    emotions like shame to motivate us just
  • 00:18:14
    as sylvan tompkins research would later
  • 00:18:16
    show in the 1960s
  • 00:18:18
    [Music]
  • 00:18:20
    the group decided together what the
  • 00:18:22
    consequences would be for the crime a
  • 00:18:24
    decision based on the Maori concept of
  • 00:18:27
    o2 or reciprocity the perpetrator and
  • 00:18:32
    his family had to compensate for loss or
  • 00:18:35
    damage with a payment of food or
  • 00:18:38
    property
  • 00:18:39
    [Music]
  • 00:18:42
    in serious cases like murder this might
  • 00:18:45
    require extreme measures for example the
  • 00:18:49
    offender might have to give up a child
  • 00:18:51
    to compensate for the lost life there
  • 00:18:58
    was the idea that by coming up with a
  • 00:19:00
    plan of making a means that that would
  • 00:19:05
    achieve reconciliation and it would
  • 00:19:08
    achieve a restoration of the balance
  • 00:19:11
    that had been upset by the crime in New
  • 00:19:16
    Zealand's youth justice system the focus
  • 00:19:18
    has shifted away from an adversarial
  • 00:19:21
    approach towards restoration and
  • 00:19:23
    rehabilitation the punishment focus has
  • 00:19:28
    not been particularly successful for the
  • 00:19:31
    young people we're dealing with so
  • 00:19:36
    instead to bring the young offender into
  • 00:19:38
    balance not just with his victim but
  • 00:19:40
    with his tribe and community judge tao
  • 00:19:43
    manu suggested a cultural immersion and
  • 00:19:48
    one way of doing that was to return them
  • 00:19:50
    to the mariah and to return them to
  • 00:19:52
    their roots their original identity as
  • 00:19:56
    marvin and work on that strengths work
  • 00:19:59
    on all of the issues within this context
  • 00:20:02
    of being here exposed to the spirit of
  • 00:20:05
    the ancestors and to really give them as
  • 00:20:08
    much assistance as we possibly can to
  • 00:20:10
    find a new direction in life that
  • 00:20:13
    doesn't lead to prison
  • 00:20:16
    the Maori tradition has helped transform
  • 00:20:19
    New Zealand's youth justice system it's
  • 00:20:22
    been so successful that it's been
  • 00:20:24
    adopted in Australia and is making
  • 00:20:26
    inroads in US cities like Baltimore you
  • 00:20:29
    are very lucky those who come here are
  • 00:20:31
    very lucky because people here they want
  • 00:20:34
    you to succeed we want you to succeed
  • 00:20:37
    it's important to remember
  • 00:20:40
    come here courting you've been given a
  • 00:20:43
    chance at the end of the paper it's all
  • 00:20:49
    in the reads okay so come toward the end
  • 00:20:59
    of the proceedings the offender receives
  • 00:21:01
    final admonishment and encouragement
  • 00:21:04
    from his elders you have the potential
  • 00:21:24
    to be in a final flourish the young
  • 00:21:38
    offender who has been learning more
  • 00:21:40
    about his cultural roots Rises and
  • 00:21:42
    performs a traditional haka with a group
  • 00:21:45
    of supporters
  • 00:21:49
    [Music]
  • 00:22:02
    but Baltimore doesn't have the haka or
  • 00:22:05
    any of the other traditions that help
  • 00:22:07
    Maori youth offenders get back on the
  • 00:22:10
    right path it's just a completely
  • 00:22:12
    different atmosphere the kids today have
  • 00:22:15
    no conflict resolution skills everything
  • 00:22:19
    is fine people lose their lives over
  • 00:22:21
    simple simple disputes still Lauren
  • 00:22:27
    Abramson believed that the same
  • 00:22:29
    principles driving the success of New
  • 00:22:31
    Zealand conferences could happen in
  • 00:22:33
    Baltimore that the essential elements of
  • 00:22:36
    the group conference telling stories
  • 00:22:39
    using the power of shame and empowering
  • 00:22:41
    the community to come up with a solution
  • 00:22:43
    were Universal but she wouldn't know if
  • 00:22:48
    it could work here until she tried it
  • 00:22:52
    I was still on the faculty at Johns
  • 00:22:54
    Hopkins so in my spare time I would
  • 00:22:56
    contact Department of Juvenile Services
  • 00:23:00
    schools neighborhoods and it took three
  • 00:23:04
    years to get it going
  • 00:23:05
    I was nervous then and I still get
  • 00:23:10
    nervous when I facilitate which i think
  • 00:23:12
    is a good thing I mean you never really
  • 00:23:15
    know what's gonna happen in that circle
  • 00:23:20
    all the security officer who's by the
  • 00:23:23
    end of her first five years of running
  • 00:23:25
    the conferencing program twenty-four
  • 00:23:27
    hundred people had gone through the
  • 00:23:29
    process that meant 290 cases had been
  • 00:23:33
    diverted from overburdened courts
  • 00:23:39
    most importantly the preliminary
  • 00:23:41
    indicators were that kids who had gone
  • 00:23:43
    through conferencing were far less
  • 00:23:46
    likely to commit crimes again we try to
  • 00:23:50
    identify appropriate cases for community
  • 00:23:53
    conference at arraignment stage the
  • 00:23:56
    arraignment stage is when the case first
  • 00:23:57
    comes in and the youth is arraigned told
  • 00:24:01
    what the charges are against him that's
  • 00:24:03
    an early stage it's a pre-trial stage
  • 00:24:05
    and it helps keep the case out of the
  • 00:24:08
    system actually and I should tell you
  • 00:24:10
    something about the respondents also is
  • 00:24:13
    that they're young the cases we most
  • 00:24:15
    refer to community conferencing are
  • 00:24:17
    assaults thefts and malicious
  • 00:24:21
    destruction there are cases that involve
  • 00:24:24
    a victim this is Miss Bartlett the
  • 00:24:25
    manager because it's low tech and low
  • 00:24:28
    admin a single conference cost 90
  • 00:24:31
    percent less than a court case
  • 00:24:37
    and conferences usually take place
  • 00:24:39
    within weeks of the incident while cases
  • 00:24:42
    that go to court are often delayed for
  • 00:24:44
    months
  • 00:24:47
    95% of conferences are successful this
  • 00:24:52
    is partly due to intensive training of
  • 00:24:54
    facilitators who follow a very specific
  • 00:24:57
    simple script
  • 00:25:01
    misty Faye has been facilitating
  • 00:25:04
    conferences for 12 years I'm gonna go
  • 00:25:06
    around and say who everybody is just so
  • 00:25:08
    you all know each other and then you're
  • 00:25:11
    gonna talk about what happened
  • 00:25:12
    conferencing can be especially effective
  • 00:25:15
    at handling cases that clog up the
  • 00:25:17
    system
  • 00:25:19
    these boys broke into a neighbor's house
  • 00:25:22
    and stole a roll of toilet paper they've
  • 00:25:25
    been charged with first degree burglary
  • 00:25:27
    petty theft and destruction of property
  • 00:25:31
    it may seem trivial but first-degree
  • 00:25:34
    burglary is a felony charge it's the
  • 00:25:36
    money we were outside playing football
  • 00:25:42
    football at least lady came out and told
  • 00:25:45
    us they'd do it too loud
  • 00:25:48
    it becomes play football there cuz she
  • 00:25:49
    was trying to sleep so we had moved over
  • 00:25:52
    to this little area and Tricia had noise
  • 00:25:54
    there was a whole little window it was
  • 00:25:56
    cream oh yeah no I was like and I seen
  • 00:26:00
    that old baby right there and that's all
  • 00:26:02
    I seen the holes like and that's why I
  • 00:26:03
    was laughing and stuff he had told you
  • 00:26:06
    money like you could reach through there
  • 00:26:07
    grab it it does we kept old know that
  • 00:26:10
    don't do that
  • 00:26:11
    but the money took it anyway he threw it
  • 00:26:14
    I was just standing looking and that's
  • 00:26:16
    when mr. Epps and his wife at came and
  • 00:26:19
    he said since nobody wanted to get
  • 00:26:21
    parents they were gonna call the police
  • 00:26:23
    and that's when police officer was out
  • 00:26:25
    there he was asking this question just
  • 00:26:28
    to him like felony I'm like 10 years old
  • 00:26:31
    and if I don't do anything about this
  • 00:26:33
    you have a felony on you
  • 00:26:35
    it's just was like it went from innocent
  • 00:26:38
    to delinquent and so fast in my eyes and
  • 00:26:41
    I was just like I really didn't know
  • 00:26:43
    what to do so I was just kind of like
  • 00:26:46
    sad
  • 00:26:49
    yeah it helped us when we convene a
  • 00:26:52
    conference basically we're widening the
  • 00:26:55
    circle of who's there
  • 00:26:56
    it's each of those young people and
  • 00:26:59
    their family members and the people in
  • 00:27:02
    their life who they care about and who
  • 00:27:03
    care about them when they decide what
  • 00:27:06
    can be done to make this better there's
  • 00:27:08
    15 people that are part of the solutions
  • 00:27:11
    as opposed to two people you know you
  • 00:27:15
    don't go messin with people's stuff you
  • 00:27:17
    don't go touching things that don't
  • 00:27:19
    belong to you
  • 00:27:20
    you don't go and touch even if it is
  • 00:27:23
    just for fun just to do something
  • 00:27:25
    because like this gentleman say here the
  • 00:27:28
    consequences are done you get your ass
  • 00:27:30
    that's your ass I don't need to be using
  • 00:27:34
    vulgar language I apologize but I'm
  • 00:27:36
    telling you the severity of it is you
  • 00:27:40
    know we all know how we was how we was
  • 00:27:44
    all raised to come up we would have got
  • 00:27:45
    seriously in trouble
  • 00:27:47
    mm-hmm then had to work to pay it off
  • 00:27:50
    kids can end up in the system for the
  • 00:27:53
    most ridiculous
  • 00:27:55
    I kinda mean just kind of really minor
  • 00:27:56
    things and then they're stuck in this
  • 00:27:58
    system or it could have gotten dismissed
  • 00:28:01
    at court at which point nobody really
  • 00:28:04
    learned anything from it and they're
  • 00:28:06
    back out in the street doing the same
  • 00:28:07
    thing within the next day or the next
  • 00:28:10
    week instead this case was referred from
  • 00:28:14
    the Juvenile Services Division of the
  • 00:28:16
    state's attorney's office if it had gone
  • 00:28:19
    to court each one of these boys and
  • 00:28:21
    their families would have faced a
  • 00:28:22
    lengthy legal process you got to hire
  • 00:28:27
    lawyers so it puts a stress on finances
  • 00:28:32
    to begin with and then the offender
  • 00:28:37
    oftentimes will get punished by the
  • 00:28:40
    judge will have a sentence the victim
  • 00:28:44
    really has no role in court so you know
  • 00:28:48
    you're making shorter eggs for the
  • 00:28:50
    normal process often results in
  • 00:28:52
    frustration misunderstood if they go to
  • 00:28:55
    court and victims are kept quiet and
  • 00:28:59
    have to sit there and listen to lawyers
  • 00:29:01
    arguing and trying to distort things so
  • 00:29:04
    that they'll win the case that's just
  • 00:29:08
    gonna make them more angry and offenders
  • 00:29:11
    don't get a chance to learn how to do
  • 00:29:13
    things any differently and and they get
  • 00:29:16
    punished and sent away and that makes
  • 00:29:17
    them angry what what part did my son
  • 00:29:20
    play in it we need to be able to express
  • 00:29:23
    our effect it's part of our biology you
  • 00:29:25
    know the positive and the negative we
  • 00:29:28
    need to be able to to give voice to it
  • 00:29:30
    and to not put a lid on it
  • 00:29:32
    and so what conferences really do very
  • 00:29:38
    powerfully is create a space for people
  • 00:29:40
    to do that and when they can give voice
  • 00:29:43
    to that then it can shift into something
  • 00:29:46
    else as a conference unfolds everyone
  • 00:29:50
    gets a chance to tell their story in
  • 00:29:53
    doing that the key emotions or effects
  • 00:29:57
    present in the Maori process come out
  • 00:29:59
    like shame it was kind of stupid cuz it
  • 00:30:08
    was just twelve people stupid I almost
  • 00:30:11
    10 at one time so I do understand the
  • 00:30:14
    boys get bored and rambunctious but they
  • 00:30:17
    violated you violated this man's home
  • 00:30:19
    you violated him and his wife I don't
  • 00:30:23
    want something like that and something
  • 00:30:25
    that small can actually alter your whole
  • 00:30:27
    life because it was just a kid joke but
  • 00:30:31
    that's not a joke you don't do that the
  • 00:30:35
    important thing is for the kids to
  • 00:30:38
    understand that number one I mean as
  • 00:30:42
    adults it happens all the time you have
  • 00:30:43
    guilt by association if there is
  • 00:30:45
    something going on that you know
  • 00:30:46
    shouldn't be going on and you stick
  • 00:30:48
    around whether you're a part of it or
  • 00:30:49
    not
  • 00:30:49
    you're going down just like you were the
  • 00:30:52
    one that did it this is this right we
  • 00:30:55
    could sit here and go around around and
  • 00:30:57
    rail you want to give them every chance
  • 00:30:59
    to say what they need to say so that it
  • 00:31:02
    can be transformed into something else
  • 00:31:04
    and that's the power of it when that
  • 00:31:07
    happens a change takes place in the
  • 00:31:09
    conference what the facilitators refer
  • 00:31:12
    to as the shift the first thing I would
  • 00:31:15
    say is mr. Epps I'm sorry that happened
  • 00:31:17
    I wish none of this happened I was to me
  • 00:31:20
    that once I was told that I committed a
  • 00:31:24
    felony I got scared I was mad because I
  • 00:31:29
    didn't understand anyway I thought it
  • 00:31:31
    was just customer totally people so she
  • 00:31:34
    was gonna talk to our parents I might
  • 00:31:37
    have to go to bed early or something
  • 00:31:38
    like that but no we all got in trouble
  • 00:31:41
    for breaking and entering
  • 00:31:48
    I try to be a goody two-shoes obviously
  • 00:31:52
    crime victims who participate in
  • 00:31:55
    conferences are more likely to get
  • 00:31:57
    restitution someplace to play perhaps
  • 00:32:00
    even more importantly they help come up
  • 00:32:02
    with acceptable solutions what do you
  • 00:32:07
    guys think should be done to make this
  • 00:32:09
    better
  • 00:32:20
    [Music]
  • 00:32:22
    the shift happens for different people
  • 00:32:25
    at different times but it's the point at
  • 00:32:27
    which an individual and/or the group
  • 00:32:31
    change from being feeling all the
  • 00:32:36
    negative effects or the negative
  • 00:32:38
    emotions into seeing something from
  • 00:32:42
    someone else's perspective and starting
  • 00:32:44
    to just slide down the hill into the
  • 00:32:47
    more positive effects you can see it in
  • 00:32:51
    the circle you can feel it you know like
  • 00:32:54
    sometimes it's a laughter like a shared
  • 00:32:57
    joke sometimes it's when somebody cries
  • 00:33:01
    it's it's just the change that signifies
  • 00:33:06
    that everybody's on their way toward
  • 00:33:08
    resolution part of the resolution is an
  • 00:33:12
    agreement for restitution of some kind
  • 00:33:14
    similar to the Maori concept of uh - or
  • 00:33:18
    restoring balance in this case the
  • 00:33:21
    conference members determined that the
  • 00:33:23
    boy should pay for repair of the screen
  • 00:33:25
    and also wash mr. Epps truck I really do
  • 00:33:29
    believe it has to do with a collective
  • 00:33:30
    vulnerability like that we can all feel
  • 00:33:33
    each other we can all see each other
  • 00:33:35
    everybody's focused in my grandmother
  • 00:33:39
    always used to say two heads are better
  • 00:33:40
    than one even if one is a cabbage head
  • 00:33:43
    that's kind of how it makes sense to me
  • 00:33:47
    so you know all of us know things
  • 00:33:50
    together that we don't know separately
  • 00:33:53
    we all have an innate wisdom that's
  • 00:33:56
    built by the innate wisdom of others and
  • 00:34:00
    I think that's what this picks up on
  • 00:34:03
    youth offenders whose cases are resolved
  • 00:34:06
    in conferences are far less likely to
  • 00:34:10
    less than 10% go on to commit new crimes
  • 00:34:14
    compared to cases dealt with by courts
  • 00:34:16
    and juvenile services where nearly a
  • 00:34:19
    quarter of the kids are likely to
  • 00:34:24
    reoffended umbers are consistent even
  • 00:34:27
    when the crimes are more serious it
  • 00:34:31
    isn't it absolutely isn't just about
  • 00:34:34
    minor cases a lady's house was broken
  • 00:34:37
    into in the middle of the night her car
  • 00:34:39
    was taken from the front of her house we
  • 00:34:41
    are handling felony a lot of felony
  • 00:34:44
    offenses and we're getting the same
  • 00:34:46
    kinds of outcomes 60% lower reoffending
  • 00:34:50
    95 percent of the time they come up with
  • 00:34:52
    an agreement that they can abide by
  • 00:34:54
    we had a secretary of Juvenile Services
  • 00:34:57
    once who said well you can use this but
  • 00:35:00
    no cases where there's physical harm I
  • 00:35:02
    mean we set up things in our head about
  • 00:35:06
    what this shouldn't be used for because
  • 00:35:08
    we need to have the serious justice
  • 00:35:10
    intervention for those serious cases I
  • 00:35:12
    would say you know absolutely this is a
  • 00:35:16
    serious justice intervention I think the
  • 00:35:19
    hard part for people is to acknowledge
  • 00:35:22
    that we have a lot of capability to
  • 00:35:25
    resolve these things ourselves
  • 00:35:27
    I believe in large parts the system
  • 00:35:33
    actually hinders the growth by taking a
  • 00:35:38
    kid and just throwing them in jail and
  • 00:35:40
    basically forgetting about them at that
  • 00:35:42
    point what are you doing what yields
  • 00:35:46
    results is people really working
  • 00:35:49
    together and really engaged in it and it
  • 00:35:52
    can't be the government it's got to be
  • 00:35:55
    the people who live there
  • 00:35:57
    people can facilitate this process they
  • 00:36:00
    can help the community conferencing
  • 00:36:02
    center can facilitate it but they're not
  • 00:36:04
    the answer they build a bridge between
  • 00:36:07
    people to get that done that's where the
  • 00:36:11
    work comes from we're talking about very
  • 00:36:15
    basic human relationships and a way of
  • 00:36:19
    dealing with them which is why I think
  • 00:36:22
    it successfully you know would it be
  • 00:36:24
    copied and followed in other countries
  • 00:36:27
    it's not something that's owned by Maori
  • 00:36:30
    even though the idea is based very
  • 00:36:33
    firmly and traditional ideas of how
  • 00:36:36
    Maori
  • 00:36:37
    resolve disputes to resolve conflicts so
  • 00:36:40
    I really think of the conferences that
  • 00:36:43
    we do as a ritual that lets people be
  • 00:36:49
    very human and that lets them take this
  • 00:36:53
    incident that has harmed people and that
  • 00:36:55
    has caused harm and to be human about it
  • 00:36:58
    but to also be able to move that into a
  • 00:37:01
    different place
  • 00:37:03
    together in a way that's good for
  • 00:37:06
    everybody and I like the analogy of in
  • 00:37:10
    medicine in the 70s when they discovered
  • 00:37:14
    you know the clicker that you get to
  • 00:37:15
    manage your pain medicine well they
  • 00:37:18
    found out that if people manage their
  • 00:37:20
    own pain medicine administration that
  • 00:37:23
    they used less medicine and got more
  • 00:37:26
    pain relief because they're doing it
  • 00:37:30
    themselves and I think that's what
  • 00:37:34
    conferencing is like you have to put in
  • 00:37:37
    less effort but you're letting people
  • 00:37:39
    resolve it themselves and they come up
  • 00:37:42
    with incredibly lasting and creative
  • 00:37:45
    solutions because they get to decide
  • 00:37:59
    for more on fixing juvie justice or to
  • 00:38:02
    watch this program again visit pbs.org
Tags
  • juvenile justice
  • Baltimore
  • Maori justice
  • restorative justice
  • community conferencing
  • youth offenders
  • rehabilitation
  • New Zealand
  • criminal justice reform
  • emotional impact