Authored by: Christine “Chris” Drew
As law students begin preparing for law school, most of us know of only one route of resolution for criminal cases: the traditional criminal justice system. Many students know that you can have a criminal case heard at 26th and California or one of the other various courthouses in Illinois. Imagine my surprise, however, after I started at UIC Law that there was an alternative avenue right here in Chicago: the Restorative Justice Community Courts (“RJCC”).
Law school presents an opportunity to gain knowledge about different topics and types of law that one would normally not have exposure to. Restorative Justice (“RJ”) is one such topic that I have had the privilege to learn more about the process and diverse opportunities. My introduction began when some of my evening classmates begin telling me about RJ after they were introduced to it through the UIC Law Restorative Justice program. RJ is offered as both a class and experiential learning option at UIC Law.
During my first class last spring, my professor, Michael Seng, asked each of us whether we had ever heard of the phrase “restorative justice.” I had not, however, I have heard about programs that employ similar practices that can be characterized as RJ – such as Mothers Against Drunk Driving, Alcoholics Anonymous and Narcotics Anonymous. Those programs allow their members to acknowledge the harm caused to others and their community but also allows them to examine the harm and pain within themselves. As I spent more time around the RJ world, I learned that RJ allows a defendant an opportunity to acknowledge harm caused, learn responsibility, and receive foregiveness.
What is Restorative Justice?
RJ traces its roots back to Indigenous communities where acknowledgement of harm to the victim, the community and the person is paramount to ensuring thoughtful resolution and learning.
The late Archbishop Desmond Tutu was an early advocate of restorative justice- he led South Africa’s Truth and Reconciliation Commission in post-apartheid Africa. The Commission held a series of hearings between 1996 and 1998 to investigate the human rights violations that occurred in the country from 1960-1994. Fourteen fellow commissioners gathered not to judge people for the morality of their actions, but to encourage healing for all parties involved in their actions. The commission received more than 7,000 amnesty applications, held more than 2,500 amnesty hearings, and granted 1,500 amnesties for thousands of crimes committed during the apartheid years. Archbishop Tutu was vocal in insisting that one could not think of justice as only “punitive in nature.” This proved to be a challenging task- especially when addressing the victims of the segregation in Africa while the members of the former regime requested and received amnesty from the Commission. Archbishop Tutu once said, “there is another kind of justice — a restorative justice which is concerned not so much with punishment as with correcting imbalances, restoring broken relationships — with healing, harmony and reconciliation.”
There have been more recent Truth and Reconciliation Commissions held in Canada after the government removed approximately 150,000 Indigenous children, separated them from their families and communities, in order for them to attend residential schools. Restorative Justice programs exist in countries around the globe as prime examples of alternatives to the criminal justice systems. These programs are not simple or easy, and the one that exists here in our city of Chicago is not either.
Restorative Justice Community Court in Chicago
Chicago’s Restorative Justice Community Court program has administered alternative justice since 2017, starting in the North Lawndale neighborhood and expanding to Avondale and Englewood. Most recently, the Sauk Village Restorative Justice Community Court opened earlier in 2024. To qualify for any of these programs, the participant must satisfy the following criteria: between the ages of 18-26, charged with a non-violent misdemeanor or felony, have a non-violent criminal background, and live in close to or in one of the neighborhoods that have a community court.
By providing the last requirement, the participant works with their neighbors to repair the harm that their offense caused, as well as allow the members of the neighborhood to be engaged stakeholders- supporting both the participants and the victims. Peace circles, a carryover implemented from traditional Native American and Aboriginal communities, are opportunities for the members of the community and the participants to have open, honest and confidential discussions.
One important aspect of the program is the participant’s willingful participation. That participant must acknowledge the harm their actions caused, be committed to participating in the program and devoted to completing the steps identified in the Repair to Harm Agreement. Included in the Repair to Harm Agreement can be tasks like getting a driver’s license, obtaining a business license, writing a letter to their family member, or taking a family member out to dinner. These goals are first tailored and drafted by the participant then are approved by the judicial members of the community court.
Judicial members of the Restorative Justice Community are an important cog in the wheel. North Lawndale is presided over by Judge Patricia Spratt. I have personally had the privilege to observe proceedings over the course of the last year, and it is remarkable to see how Judge Spratt can balance her role of Judge with her tole of friend, confidant and parental figure. Additionally, Judge Spratt supports participants if they decide to discontinue the program and pursue their case in the traditional justice system, however she also holds participants accountable for the requirements of the program and celebrates successes. It is encouraging for all members of the community to witness Judge Spratt advocate for the participants’ completion of the program.
Restorative Justice in Chicago
Restorative justice practices have extended beyond the court system and now can be found in non-judicial places such as Chicago Public Schools, Boys and Girls Clubs, the IMAN Project and the Frederick Douglas Project. These extended practices have allowed for conflict resolution with students and assist recently-released individuals with integration back into the community. I have had the privilege of being able to host and participate in peace circles during my involvement in the UIC Law RJ program. Additionally, UIC Law students have had the opportunity to volunteer at organizations throughout the city while simultaneously learning from practitioners who utilize the RJ principles. Additionally, a requirement of the UIC program is to give a community presentation about Restorative Justice. I had the opportunity to go to my high school in the northern suburbs and present to two social justice classes. It was encouraging not only that there are classes addressing this topic, but that students much younger than the typical law student are learning about the Restorative Justice principles.
Through UIC Law’s Restorative Justice program, I have learned about the alternative avenue to the criminal justice, that justice does not have to be punitive in nature, and that resolution can be life changing for all participants alike.
About the Author
Christine “Chris” Drew is a 3L in the evening program at University of Illinois – Chicago Law school and will be graduating in May 2025. For the last 12 years, she has been a paralegal, first starting in criminal defense and plaintiff firms in the loop and for the last 7 years has been working for a civil defense firm. She hopes to combine her Master’s in Public Service Management from Depaul University with her previous work experience in the corporate and political arena and her legal experience to develop policy and legislation to address concerns facing her community.