by Jan Peter Dembinski, Esq. • Guest Editor
Special Issue:
Restorative Justice in Vermont
Overview
It is with a bit of disbelief that I find myself sitting down as “guest editor” to write
this introduction to this special “restorative justice” edition of the Vermont Bar
Journal. In many ways, it is the proverbial dream come true. Through a stint with
Herb Ogden in Rutland as an associate attorney (1999-2003) and then during a lean
solo practice in Woodstock (2003-2010),
the one constant in my legal career has
been my legal education of inmates for
the Vermont Department of Corrections.
But having been introduced to the philosophy and practices of restorative justice in
2003, my awareness of the overwhelming
legal and civil hurdles my students face in
attempting to make something positive of
their lives (which they all want to do; otherwise, they wouldn’t voluntarily attend my
classes) has made me keenly aware of the
enormous need for justice reform today
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and has convinced me that restorative justice is the means to achieve that reform. I
put forth the basics of that argument in last
winter’s edition of the Journal with my article, “Restorative Justice—Time to Take It
Seriously?” But as the least of all attorneys
in Vermont, I wondered if the article would
have any impact on any judge, prosecutor,
or defense attorney—or, actually, even be
read by any of them.
To this day, I’m still not sure if any attorney or judge actively involved in the criminal justice system has read the article, other than the two or three I’ve shown it to.
But, of course, the Journal’s intrepid editor, Kevin Ryan, read it, and in conspiracy
with Professor Gale Burford somehow decided I would be the appropriate choice as
guest editor of this special edition to coincide with the international conference
on restorative justice Professor Burford is
THE VERMONT BAR JOURNAL • SUMMER 2014
hosting at UVM this summer from July 15
through July 18. Fortunately, given the efforts of the talented writers featured in this
edition, I have to say I think their trust has
been rewarded.
One of the foremost restorative justice
scholars in the world, John Braithwaite has
contributed “Evidence for Restorative Justice,” an article that I know will be keenly
appreciated and keenly heeded by scores
of international restorative justice advocates and critics. What I find so exciting
about this article is how Braithwaite directly faces and responds to critics of restorative justice and the studies they rely on, as
well as how he draws substantial and profound conclusions that provide a firm foundation for broad-reaching and (if I may be
so bold) magnificent justice reform. For example: “I am prepared to interpret nonquantitative date … as providing strong
qualitative evidence that restorative justice
can reduce serious violence with high costeffectiveness in the most difficult of conditions.” Also, “Because of that quality [of
how restorative justice practices help teach
democratic citizenship], the evidence suggests that restorative justice helps victims
of crime more powerfully than it helps offenders.” And there \