When Restorative Justice May Be Better Than Criminal Prosecution, Especially in a Volatile Case
Not every criminal case is best resolved through a traditional prosecution.
Sometimes a case is so divisive, emotional, or politically charged that a conventional prosecution can actually deepen the conflict. When there are strong and opposing views throughout a community, the better question may not be simply, “What punishment is appropriate?”
It may be:
“What outcome will actually help repair the harm and move the community forward or even bring them together?”
That is where restorative justice can offer a meaningful alternative. If you are facing serious criminal charges in a restorative justice model may be a possible alternative, contact Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.
What Is Restorative Justice?
Traditional criminal prosecution is largely adversarial. The government brings charges, the defense responds, and a judge or jury ultimately determines the legal outcome.
Restorative justice takes a different approach.
It focuses on who was actually harmed, how they were harmed, what accountability should look like, and what can be done to repair that harm. It can also give victims, families, and community members a meaningful voice in determining what justice should look like. Essentially, it is collective. What about if the circumstances surrounding the incident were about something much bigger?
“This is not some novel or naive concept that has never worked. In fact, it worked right here in Minnesota.”
The St. Paul Columbus Statue Case
In June 2020, during the unrest following George Floyd's murder, protesters toppled the Christopher Columbus statue at the Minnesota State Capitol.
Michael Forcia, an American Indian Movement activist, was ultimately charged with felony first-degree criminal damage to property. The case was extraordinarily controversial. For some, the statue represented colonization and violence against Native Americans. For others, its destruction represented an attack on history, Italian-American heritage, and the rule of law.
This was precisely the kind of case where a traditional prosecution could have further divided an already deeply divided community.
Rather than simply taking the case to trial, Ramsey County prosecutors under the leadership of Ramsey County Attorney John Choi agreed to pursue a restorative justice process. Jack Rice and co-counsel Willow Anderson worked with the County and community members to develop that process.
“Of course it wasn’t easy but this happened when Covid was raging so add that to the mix.”
The process involved three restorative justice circles that brought together people with very different perspectives. Participants discussed the harm caused by the incident, the history and meaning of the Columbus statue, the broader racial and social tensions surrounding the event, and what meaningful accountability should look like.
The result was not simply, “Nobody did anything wrong.”
Instead, the process produced an agreement involving accountability and community service, including educational and restorative work. After Mr. Forcia completed his obligations, the felony charges were dismissed.
Most importantly, people with profoundly different views were given an opportunity to be heard.
Sometimes Justice Means More Than Punishment
The Columbus statue case demonstrates why restorative justice can be particularly valuable when a criminal case has become a community issue.
A traditional trial might have determined whether the prosecution could prove its criminal case. But it would not necessarily have addressed the much larger questions:
Why did this happen?
Who was harmed?
What did the issue mean to different communities?
What does accountability look like?
How can the community move forward?
What can be done to prevent the conflict from becoming even more divisive?
Those are questions the traditional criminal justice system is not always designed to answer. In fact, they never would have addressed almost any of them in the first place.
Restorative justice can provide a forum for those conversations.
Restorative Justice Is Not Being “Soft on Crime”
There is an important distinction here.
Restorative justice does not mean ignoring criminal conduct or eliminating accountability.
In the right case, it can require a person to acknowledge what happened, listen to people who were harmed, accept responsibility, perform community service, make restitution, participate in education or counseling, or take other meaningful steps to repair the damage.
Sometimes that can be more difficult—and more meaningful—than simply receiving a sentence or going to trial and fighting it out.
And not every case is appropriate for restorative justice. Safety concerns, the wishes of victims, the seriousness of the allegations, and the willingness of the participants all matter. However, under the right circumstances, the results can be extraordinary.
In the end, when a case is highly volatile and a prosecution threatens to deepen existing divisions, restorative justice deserves serious consideration.
“Sometimes, the most important question is: what are we trying to accomplish here?”
Looking Beyond the Charge
At Jack Rice Defense, we believe effective criminal defense means looking beyond the charge itself.
Sometimes the right answer is a trial.
Sometimes it is a negotiated resolution.
And sometimes the best outcome requires thinking differently about what justice actually means.
Jack Rice is a former prosecutor, former CIA officer, and Board Certified Criminal Law Specialist. He is the founder of Jack Rice Defense, a boutique criminal defense firm in the Twin Cities, and has been practicing law since before the turn of the century. He has taught trial skills to prosecutors, defense attorneys and to civil lawyers all over the country and world.
The St. Paul Columbus statue case demonstrated that even in an extraordinarily divisive criminal case, it is possible to create a process that brings opposing voices together, addresses harm, and seeks accountability without simply adding another layer of conflict.
Sometimes the goal should not be to decide who wins the fight.
Sometimes the goal should be to find a way to end it.
If you are facing unique criminal charges in Minnesota and believe restorative justice may be an appropriate option, contact Jack Rice Defense for a confidential consultation at 651-447-7650 or 612-227-1339.