Immediate Sanctions

Immediate sanctions are basically diversion mechanisms that hold youth accountable for their actions by sanctioning behavior and in some cases securing services, but at the same time generally avoiding formal court processing. They are appropriate for most first-time misdemeanor offenders, many minor repeat offenders, and some nonviolent felons. The concept of diversion is based on the theory that processing certain youth through the juvenile justice system may do more harm than good (Lundman, 1993). The basis of the diversion argument is that courts may inadvertently stigmatize some youth for having committed relatively petty acts that might best be handled outside the formal system. It also may increase some risk factors for delinquent behavior such as delinquent peer associations. Finally, diversion is also designed to ameliorate the problem of overburdened juvenile courts and detention facilities so that they can focus on more serious offenders (Sheldon, 1999).

These types of sanctions generally adhere to restorative justice principles. The essence of restorative justice lies in the perspective that crime harms people, communities, and relationships. Consequently, if crime is about harm, then the justice process should emphasize repairing the harm (Bazemore et al., 2000). A restorative justice approach differs from the traditional juvenile justice system in the way it views and addresses crime. The traditional system focuses on the offender’s culpability and need for sanctioning and/or treatment. A restorative system takes a broader approach. Howard Zehr (1990) argues that in a restorative system three questions receive primary emphasis: What is the nature of the harm resulting from the crime? What needs to be done to repair the harm? Who is responsible for the repair? As a result, a restorative system places a greater emphasis on victims and views the offender as more than an object of punishment. Indeed, it holds the offender accountable for repairing the harm caused by the crime. (Bazemore et al., 2000).

While restorative justice is not a “program” in and of itself, it does offer an ideal model for dealing with first time and minor repeat offenders by providing a mechanism that holds youth accountable, but at the same time bypassing formal court proceedings. The restorative justice practices include but are not limited to victim–offender mediation, various community decision making and conferencing processes (for example, reparative boards, family group conferencing), restorative community service, restitution, victim and community impact statements, and victim awareness panels.

References

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