The state’s attorney for Cook County has announced that she will no longer refer cases involving illegal possession of a weapon — the majority of cases referred — to the restorative justice community courts. This decision is a step backward in protecting the public and ensuring that those accused of criminal activity do not offend again.
Since their inception in 2017, restorative justice courts have recidivism rates of 13.1% for people in the program compared to 65.2% for those in a matched control group.
The first court, in North Lawndale, was launched under the leadership of Chief Judge Timothy Evans. Three additional courts have been added in Chicago and Cook County, and more are planned.
These courts focus on people accused of nonviolent crimes who are between 18 and 26 years old, a group whose brains are still developing and are prone to unthinking reactions. A regular Cook County judge, trained in restorative methods, presides over the court and its outcomes. Prosecutors, defense attorneys, probation officers, trained professionals, community members and the accused offender participate in peace circles over approximately 13 months. The offender admits their guilt and agrees to a “repair harm agreement” worked out by the group and accepted by the judge.
If the accused successfully completes the program, the charges are dismissed, and the offender’s record is expunged.
Taking steps to repair communities
But the traditional criminal justice system, unlike restorative justice courts, ignores victims and focuses only on punishing the offender. Offenders can feel traumatized by their jail time, go without an opportunity to learn to correct their behavior and end up with a criminal record that makes it harder for them to find work and housing and become productive members of society; their families are often stigmatized. Victims can feel dissatisfied because their losses are not redressed. The community is harmed because nothing is done to reduce future violence and to restore peace.
The trauma everyone suffers goes unaddressed, and the community is less safe.
But restorative courts invest in community healing. Community members assist offenders with issues such as helping them secure business licenses, providing advice and employment referrals, or encouragement to return to school. Just knowing that there is someone in the community who cares can be life-changing for the offender.
The state’s attorney already has discretion to refuse to refer individuals she believes will not benefit from the program or who may pose future safety risks. Nothing is gained and much is lost by further restrictions. The debate should be on how the jurisdiction of these very effective courts can be expanded, as recommended by Chicago Appleseed, a nonprofit group that advocates for fair courts.
Supporting and expanding restorative courts is also a good financial investment. The cost of keeping someone in Cook County Jail for a year in 2023 was $60,621. The annual cost per inmate in the Illinois Department of Corrections in 2023 was $46,743. These costs will continue to rise.
Restorative justice is less expensive and more effective than our traditional punitive justice system. If we are going to be tough on crime, why not do so in a manner that reduces future crime? Why not encourage offenders to admit their wrongdoing, repair their harm and become productive members of society?
Michael P. Seng is a professor, Stephen J. Schlegel is an attorney and adjunct professor, and Christine Drew is a student, at University of Illinois Chicago School of Law.
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