The Restorative Justice Process:
Tell the story
Acknowledge the violation
Apology
Reparation
Forgiveness
Reconciliation

What if the government advertisements said, "Be all you can be. Let the courts restore you to wholeness!" What if victims of violence knew their suffering could be alleviated? What if justice recruiters handled the caseload for petitioners, and got paid bonuses? We can give the justice system the same advantage that the military had when war was in fashion.

The true threat to life comes from inside the USA, according to the Bureau of Justice Statistics (BJS): About 6 million violent criminals injure 6 million Americans per year in the USA. They kill thousands of Americans per year. They devastate probably 600 thousand Americans per year through rape. What if the courts recruited devastated petioners, and filed cases for them? What if the millions of rape victims got a fair trial, and helped the rapist overcome addiction?

The violent criminals are also victims of the violence economy. What if they were sent to a violence addiction rahabilitation program? What if their work supported their victims instead of the prison profiteers? We can help 12 million victims per year and their communities heal.

The U.S. Department of Justice (DOJ) is overwhelmed and under-funded. There are only about 110 thousand DOJ employees. Yet, the Department of Defense expends that many employees in Iraq alone. We can give the justice system the staffing it needs.

Uncompensated Victims of Violent Crimes Carry the Cost:

Some predators destroy homes, careers, health and social support networks. Others use violence to take away the means to make a living. They run the victim out of town, or hold the victim hostage. The victim leaves behind houses, cars, jobs and other valuables just to escape alive. The victim starts over in a strange place, with no doctor or other social support. That is how predators steal homes, careers, health and social support. Then, they sell these things cheaply to members of society. We can restore these necessities to those from whom they were taken.

Therefore, predators and society have been unjustly enriched through violence. The DOJ writes that society is responsible for returning these stolen goods. In just one year, society owed new victims about $400 billion in stolen goods. We still owe it to uncompensated victims of violent crimes that were committed in the USA.

Millions of U.S. residents enjoy the stolen goods sold to them at a discount by the violent criminals. They do not know that the discounted goods were stolen from victims. According to the DOJ, society needs to pay the true cost of each item purchased. So, each resident owed these Americans about $1,500 in just one year. So, you probably owed these U.S. citizens about $30 per week throughout the year.

Society has owed these victims about $400 billion per year since 1997, according to one study. By now, society has probably accrued a debt of $3 trillion to these victims. However, the total budget for the DOJ is only about $20 billion. ( http://www.washingtonpost.com/wp-srv/politics/interactives/budget06/budget06Agencies.html) The executive branch expends more than that on military preparedness alone. And the violence addicts already squandered their money on violence products and services. The DOJ needs $3 trillion just to restore uncompensated victims of violent crimes that occured in the USA since 1997. With this funding, the DOJ could give these victims jobs as victim advocates. We can start a peace economy.

In summary, the judicial branch is $3 trillion in debt. The legislative branch has appropriated that much to military use. The executive branch has spent that much to create more victims of violence. Therefore, we need checks and balances between the branches of government. The elected judiciary can block military spending if you help them by filing lawsuits.

Meanwhile, there are military recruiters throughout the USA. We need them to become justice recruiters. Then, the courts could hire enough victim advocates to help all of the victims. Then, these advocates could inform victims how to use the justice system. We can switch to a peace economy.

The executive branch is overfunded. It has stockpiles of weapons that we do not need. These excess weapons cannot be used against the violent criminals in the USA.

The legislative branch must appropriate funds to balance the 3 branches of government. * It must balance the financial power between the executive branch and the judicial branch. Otherwise, the executive branch can coerce the legislators to overfund it. Perhaps it already manufactures legislative consent through terror. Perhaps it has coerced the legislators to bankrupt the judicial branch. Maybe it has turned American citizens into sacrificial lambs for the unjust enrichment of the violent.

Are We Free to Choose?

Americans can choose between many forms of violence. We can promote violence using the Army, Navy, Police, DEA, etc. Some of these forms of violence are said to be curative in nature. For example, police used force to fill 82% of the beds in California state hospitals. (http://www.fcnl.org) However, researchers have found that empathic officers outperform confrontational officers.

Americans need just as many forms of justice from which to choose. We can promote justice using criminal courts, mediators, courts martial, etc. Yet, all of these forms of justice pit one party against the other. In the community, new actors fill the roles vacated by the predator and victim.

The adversarial community is not sustainable. Objectifying people damages them. Exploiting people destroys communities. When money-worshippers run a community, they usurp the people and the environment.

Restorative justice is a process of both sides working together towards reconciliation. It is the form of justice that is curative in nature. The community learns of, and solves, the problem that caused the predation. The community removes the cause of the failure. Therefore, the community fails less often. It becomes sustainable through the restorative justice process.

All sides to a conflict take all of the steps of restorative justice:
1. Each side tells the story from their point of view.
2. Each side acknowledges the violation, the failure.
3. Each side offers or accepts apologies.
4. Each side offers or accepts reparations.
5. Everyone forgives everyone else for their part in the failure.
6. Community goal: Reconciliation of everyone with the community.
7. Reconciliation with our Creator and each other (optional).
If the process fails at any point, the conflict is heard in an adversarial court as a last resort.

In endorsement of the restorative justice process, we present this bill to the Senate and Congress. We present a bill for $3 trillion in costs of violent crime. We demand that society lift this burden from the victims. We require the DOJ to immediately implement restorative justice as an alternative to adversarial or punitive justice.

Restorative justice shall be made available in every jurisdiction at the request of any party to the conflict. The community shall hear testimony pointing to the cause of the problem. So, it shall admit testimony to violations of the Constitution, State law, criminal law, civil law, and Geneva Conventions, including the Convention on the Elimination of All Forms of Violence Against Women (CEDAW).

We support legislation that restores to wholeness victims of violent crime. We support the use of the courts and the Social Security Administration (SSA) for this purpose. We support grants set aside for NGOs owned and operated by victims of violence. We support 100% of funding set aside for nonprofit organizations that use 100% of the funding for the restoration of uncompensated victims of violence (for example, cloisters.us).

Appropriations:

This legislation appropriates an initial $3 trillion to the SSA for restitution. The SSA shall administer this fund directly to uncompensated victims of violence. The restitution shall begin no sooner than two weeks after the violent incident. These victims will use the funding for restitution of lost homes, careers, health and social support.

This legislation also appropriates $400 billion per year to the courts for current and future cases. The courts shall process these cases within one week of the violent incident. It shall process the award for damages within two weeks of the violent incident. If the court fails to make these deadlines, it shall forfeit the funding to the SSA for restitution.

The SSA and courts shall distribute these funds to victims of violence according to BJS guidelines. The victims of violence will spend the $400 billion per year on restoration. In 2012, the elected judges in the various courts shall make recommendations to change the annual amount.

Through the courts:

The courts shall automate the restitution process. A simple restitution application form shall be available at all public libraries, post offices and government offices. Each form shall be processed immediately upon receipt, electronically. The information shall be presented to judges in a standardized format.

Specialized investigators shall determine the validity of claims. They shall investigate with a minimum of intrusion upon the victim. All investigators shall be hired from the pool of survivors of violent crime. Each shall specialize in the area they know best from experience.

The claims shall be presented to the courts in a standardized format. Upon receipt, the courts shall designate the court of jurisdiction for each claim. It shall immediately forward the claim to that jurisdiction.

The designated court shall hire survivors of violent crime with prosecutorial experience. It shall contract such prosecutors on an as needed basis. The minimum contract shall be four weeks. It shall pay each of these prosecutors a wage, per diem, and one-way travel expenses. The wage shall be equal to the salary plus bonus and benefits of the local District Attorney, all advocates being equal. The per diem shall be equal to the standard for government contractors. These prosecutors shall encourage and intellectually support victims during prosecution.

The court shall appoint a team of survivors who are attorneys. They shall pay these attorneys for results. They shall pay those attorneys who encourage the filers of validated claims. This pay shall come from funds already appropriated for court-appointed attorneys. They shall prepare the victim for the court appearance.

The victim need only show up in court once. The accused shall have only one brief court date with the victim. Victims shall be financially and intellectually supported during prosecution. All prosecution shall be performed by court employees, as much as possible.

We will return the restitution through the courts to those from whom it was stolen. These tens of millions of peaceful Americans will then restore the peace economy. That creates millions of jobs in the peaceful sectors of the economy.

The court shall open an escrow account for each victim in restoration. It shall deposit the appropriate compensation into each account. The account shall allow the victim withdrawals for restoration of heath, career, home, and social support of her choice in the USA. It shall provide no interest.

We shall immediately implement restorative justice as an alternative to adversarial and punitive justice.

Restitution shall be submitted to uncompensated victims of violence. It shall compensate them for all probable losses inferred by the Bureau of Justice Statistics. This restitution shall complete a step in the process of restorative justice.

Through the SSA:

The restitution shall go to the US citizens victimized and disenfranchised by violent crime in the USA. The SSA shall verify restitution recipient eligibility. It shall administer the restitution to all uncompensated victims in each category of violent crime.

The Social Insecurity Addressed through Restitution:

Violent predators destroyed the economies and lives of many people. They left survivors too challenged to get through the justice system. They created more injustice than the courts can handle.

The damages include homes, careers, health and social support. The damages accumulate over the years. The predators use the damages as capital. The predators profit from the conversion of the damages. Failure to restitute victims for the damages is perceived as condoning the violence.

There are 6 million victims of violence per year. Theoretically, there could be 300 million victims in a 50 year period. Therefore, every American could fall prey to violence profiteering. The violence could escalate into a civil war.

We can prevent further social insecurity. We will return violence revenue to those from whom it was stolen. These tens of millions of peaceful Americans will then restore the peace economy.

DEFINITION OF VICTIM: The restitution recipients shall be the US citizens victimized and disenfranchised by violent crime in the USA. The Social Security Administration shall verify restitution recipient eligibility in the same manner as they verify disability. These administrators are smart enough to prevent abuse of restitution. The following are some ways they do this.

1. All restitution recipients have sustained physical or other injuries that could not reasonably have been prevented. The violence was not committed by peers of survivors. So, people of equal state power cannot drain restitution by engaging in consensual violence.

2. Violence perpetrated by an authority figure is not considered preventable. Authority figures are considered accountable for the consequences of the relationship. Thus, bosses who use violence to "help" an employee get funds could lose their jobs, status or freedom. Teachers who use rape to "help" students get funds could lose their jobs, status or freedom. Officers who use coercion to "help" civilians get funds could lose their jobs, status or freedom. Exceptions include financial custodians of survivors. So, a parent may not convert a child's assets into finances through violence.

3. Authority figures include anyone in a position of power over the survivor at the time of injury. For example, the doctor is in a position of power over patients. The doctor has access to the patient's private parts. The proprietor is in a position of power over tenants. The proprietor has a key to the tenant's bedroom. The operator of a motor vehicle is in a position of power over passengers. The driver has control over the passenger's direction of movement.

4. All injuries were due to violence committed in the USA. So, a citizen cannot visit an enemy country to drain restitution. Those who visit enemy countries are compensated by taxpayers through the VA.

5. Those who received compensation through a court or VOCA (victims of Crime) are ineligible. Some survivors of violent crime were not challenged by the violence. They are not eligible for restitution. For example, a wounded employee was able to recover home, family, friends, career and health. The insurance company covered the surgery and rehabilitation, except for the deductible. However, it was futile to sue the shooter for the deductible. The employee asks for a raise to cover this expense. The boss says that the salary covers it already. The employee has to stop buying entertainment in order to pay the deductible.

HOW: The Social Security Administration shall administer restitution in the same manner as disability benefits. All of restitution shall immediately go directly to the survivors of violent crimes. The Administration shall deliver these restitution checks as it does retirement, survivors and disability checks. Administrative salaries cover the administration of disability benefits to civilians and veterans of foreign wars. So, the social workers shall continue to be paid through these Administration funds.

Each survivor shall receive the amount prescribed by the Department of Justice. The losses covered by restitution shall equal the averages published by the Bureau of Justice Statistics for pertinent categories of violence.

Restitution shall be disbursed on a first come, first served basis. Social Security recipients who are eligible for restitution shall be automatically switched from retirement, survivor or disability to restitution. They shall be asked for any supplementary information that might be needed to ascertain the amount of restitution. The victim may claim only the personal losses accrued over their own lifetime.

WHAT: The Social Security Administration has a $2.4 trillion surplus. It is set aside for the retired, challenged and survivors. This legislation shall add a fourth category: victims of authority violence. Restitution shall restore these victims through financial compensation for loss. In turn, these victims will heal and return the funds to the Gross National Product through spending.

Note: Survivors benefits are the security rendered by society to citizens who have lost a loved one. These survivors may or may not have experienced violent crime. The amount we provide to them is based upon a standard set for those who lost a loved one. Therefore, they are not necessarily eligible for restitution.

SAVINGS FOR THE TAXPAYER: There are about 6 million victims of violent crime per year. (BJS) These victims may be eligible for restitution. Restitution shall replace retirement, survivors and disability benefits for eligible beneficiaries. That restores Social Security disability, survivor and retirement funds.

Taxpayers may save billions of dollars for Social Security retirement benefits. Suppose all U.S. rape victims are challenged by authority figure violence. Then, each is eligible for about $8,000 per year from the SSA, or about $24,000 from the VA. Suppose none could get a court to prosecute. So, they will automatically be eligible for restitution through the SSA. Suppose the half-million yearly rape victims receive funds only from the SSA. Then, taxpayers would save this $4 billion per year for Social Security retirement, survivors and disability.

RESTORATION OF THE ECONOMY: The restitution recipients will spend the bulk of the restitution on the peace economy. They will spend to recover the essentials that were destroyed or stolen by violent criminals. They will spend to recover health, families, homes, careers, friends and quality of life. They will provide new job opportunities in most peaceful sectors of the economy. About 10% of restitution will become sales tax during this spending. This is an increase in local and state government revenue.

The number of challenged Americans will decrease as victims regain stolen aspects of life. Violent crime will decrease as targets of violence find safe homes affordable. As victims find attorneys affordable, violent criminals will get the healing services they need.

Victims will have the funding to support, through voluntary contributions, prison programs that decrease recidivism rates. Recidivism will decrease not just to 5%, but to 3%. Criminals will heal from violence addiction, and pay restitution. They will be less vulnerable to prison profiteers.

Faith in the justice system will be restored. Americans will be deterred from violent crime. This means of social justice will make relationships safer.

No Cost to the Income or Sales Tax Payer:

There is no net cost to the sales or income tax payer. Initially, restitution shall be covered by existing SSA funds allocated from income tax revenue. Within one year, the tax from violence profits shall reimburse the SSA funds. The reduction in disability payments will increase SSA funds. Preventing about 5 million victims of violent crime per year will prevent disability.

The 5 million victims who are restored will contribute to the gross national product. Maintaining about 5 million jobs per year will increase SSA funds and income tax revenue. The administration of the restitution shall use existing funds allocated from income tax revenue.

Currently, $62 billion of income tax revenue is spent on the Veterans Administration (VA), according to the New York Times, Feb 4, 2003, p25. The Social Security Administration (SSA) also operates on income tax revenue. Some SSA and VA beneficiaries will be eligible for restitution. These will continue using these Administrations.

The amount on their checks will change. It changes every few years, anyway. The checks shall say, "for restitution" in place of "for disability."

A level of earned income will still restrict eligibility. It will change. It changes every few years, anyway. It will be equivalent to the average loss estimated for victims of pertinent categories of violence. The Department of Justice publishes this dollar amount through the Bureau of Justice Statistics.

The same administrators will conduct the same application procedure. The number and general content of questions asked will remain the same. The GAO shall conduct regular reviews and audits to ascertain compliance. The GAO shall assign the task of enforcement to existing employees as needed. The compliance requirements shall be added to the pertinent existing specifications.

The final report detailing quantitative analysis of compliance data shall be open to public inspection. The work hours shall be charged to existing funding for investigations.

This legislation fits into the routines and budgets of the Administration, the Department of Justice, the IRS and the GAO. So, this legislation incurs no cost to the taxpayer.

The following amendment allows the governmental agencies and nongovernmental organizations to begin caring for victims of violent offenses in the USA by shifting funds away from immigrants to political prisoners and victims of authority violence that occurred in the USA. It outlaws the current process of reserving medical, legal and other services for refugees from other countries to the deprivation of U.S. citizens. It thereby allows victims of authority violence in the USA some of the same rights, privileges and benefits afforded to immigrants. It stops the discrimination against United States citizens who cannot escape the country where they experienced torture and other inhumane treatment. It stops the practice of unequal protection that favors refugees who have the psychological advantage of having escaped their torturers, as do veterans of foreign wars who were able to come home and escape their torturers.

If the country of origin is not indebted or credited by any bank, it will be held indebted by the people of the USA until such time as it can pay the true cost of its human rights violations. In such cases, and in cases of a State bank withholding funds, the refugee shall be humanely detained within the territories of the United States until a nongovernmental organization takes custody and guardianship by paying the Social Security Administration, Immigration and Naturalization Service and United States Department of Justice for all of the projected costs involved with asylum.

Upon arrival of a refugee, or other notification of refugee status, any and all agents of the Immigration and Naturalization Service shall file suit through the Social Security or Immigration Division of the United States Department of Justice against the country of origin in the International Criminal Court, if necessary, for the transfer without finance charge of the asylum funding in equal amounts simultaneously to the Social Security Administration, Immigration and Naturalization Service and United States Department of Justice. This amendment authorizes the use of the asylum funding for the fulfillment of obligations as to the satisfactory performance of procurement orders for services of advocates, attorneys, clinics, doctors, institutions, social workers and other providers with winning bids for service contracts as per existing United States Department of Justice regulations. These procurement orders shall be limited to and include services for the restoration to wholeness of any victim of torture, as described in 18 U.S.C. Section 2340, or political prisoner, no matter the country of origin.

THE END

* There is a provision for appropriations to the legislature that is being considered online. Join the conversation. Send questions and comments to info@green247.org. We need to know if you support this Initiative. Join this nationwide alliance by emailing your input to info@green247.org with the word SUBSCRIBE in the subject line. You may unsubscribe at any time by sending your email address to unsubscribe@green247.org.

More on the goal of conservation of health.

Upcoming event.

personal notes:

Canadians can show us how to achieve justice. http://198.166.215.5/just/rj/rj-background.htm
We can use their work as a template, except for the classification of offenses. http://www.gov.ns.ca/just/rj/rjust.pdf

Every offense must enter the Restorative Justice system as quickly as possible. That is how we can prevent posttraumatic stress syndrome and other social diseases caused by community neglect.

Restorative justice has worked for thousands of years. It is only recently that California has switched to a stance of punitive prison profiteering. “There must be a return to harmony and wholeness through a process of reconciliation." (Eph. 2:13-17; Col. 3:10-11; Gal. 6:1).
God's justice is not measured by the degree to which someone has been punished for their crime. Rather, God's justice is measured by the degree to which relationships and shalom have been restored. God's justice aims to heal everyone involved in the transgression so that they can again live peacefully with their neighbors.

"This process of putting things right focuses first and foremost on the harms and the needs of the victim. This victim orientation is exemplified by the story of the Good Samaritan.

"punishment is reserved for God." (Romans 12:19)

Let us look at one sustainable community, the Holy Roman Catholic Church. The Los Angeles Archdiocese has made restorative justice available in one court in one jurisdiction. We need to make restorative justice available in all jurisdictions.