Detour Ahead: Victim-Offender Mediation as a Mandatory Deviation Program for Juveniles

Abstract

Restorative justice programs are in place around the United States, but are virtually unheard of. Many programs exist simply to supplement probation, or mediate between parties. The intended use of restorative justice, rather was to create a means by which to avoid further harm in the retributive system of justice and work toward making peace and restitution between criminal victims and offenders. In the midst of punishment and retribution are youths getting involved in the criminal system too early in life. Juvenile courts, designed to separate juveniles from adult courts, cater more to youths’ needs. Juvenile courts, unfortunately, also focus on punishment and humiliation of the offender. Courts ignore juveniles, treating them as if they are unchangeable. The current juvenile justice system is scarce in support for a juvenile’s want and need to change. Instead of encouraging rehabilitation, the current juvenile justice system fosters violence and recidivism. As a solution to faulty juvenile justice systems, the United States should reform juvenile justice by implementing mandatory initial Victim-Offender Mediation for juveniles who commit non-violent crimes. Specifically, implementation of victim-offender mediation at the diversion level approaches victims and offenders quickly after the crime and prevents juveniles from entering the court system. Intervening with mediation at the diversion level allows juveniles to learn from their experience, take responsibility for their actions, and avoid future involvement in crime. Part I of this paper introduces the concept of restorative justice and explains Victim-Offender Mediation’s origins and uses. Part II provides a brief overview of the current broken juvenile justice system in the United States, evaluating its flaws and assessing opportunities for reform. Part III describes Victim-Offender Mediation and its success in the United States and across the world. Finally, Part IV argues that widespread implementation of mandatory juvenile victim-offender mediation as a pre-trial diversionary program remedies the flaws of the juvenile justice system by focusing on the needs of juveniles and aiding in their rehabilitation and reintegration into society.