Why is Restorative Justice So Hard to Access in New York?

Why is restorative justice so hard to access in New York? This is a question I’ve been asking myself (and others) since 2015, when I committed myself to changing it.

Over the past nine years, the Restorative Justice Initiative has exposed countless New Yorkers to the restorative justice framework and trained many as facilitators. But we have had less impact on New York’s criminal legal system, which still functions as a gatekeeper, determining what type of resolution is offered to survivors and perpetrators of violent crime. Despite an increasing amount of lip service paid to “restorative justice” by government agencies, restorative pathways are still the exception rather than the norm. 

In the past 6 months, three different family members of homicide victims have reached out to us. Their stories illustrate the potential, and also the barriers and missed opportunities for those directly impacted by the most senseless forms of violence:

Barbara’s husband* was shot and killed in their Manhattan apartment in 2018. Due to pandemic-related delays in the court system, the sentencing of the man responsible didn’t take place until 2024. Barbara prepared a “victim impact statement,” traditionally the only time during the course of a prosecution when victims can tell their stories publicly. Although these statements are usually directed to the judge and/or jury, she asked to address the man responsible for her husband’s death directly.  The judge was reluctant to allow this breach of protocol at first, but it was clear how much Barbara wanted to face the man who had changed her life forever, and how eager he was to hear from her. She knew that there was more to the story of what led to her husband’s death, and that only one living person knew the details. She looked into his eyes and told him that she just wanted to know what had happened, and was ready to hear anything he had to say. As she spoke, tears streamed down both of their faces, and everyone in the courtroom was moved. 

Barbara assumed from his reaction in the courtroom that day, that the man who took her husband’s life would be open to meeting with her. Although the New York State Department of Corrections and Community Supervision offers facilitated dialogue between crime survivors and those serving time in the state prison system for the crime, the service is not mentioned anywhere on the agency’s website. When Barbara reached out, she was told that there is a very long waiting list to access a restorative justice dialogue. She’s still waiting….

Kate’s son was killed outside a Queens bodega this spring. According to media reports, he lost his life, and she lost her son, over a can of beer that he was attempting to steal. The young store clerk who stabbed Kate’s son to death was the same age (they were both in their early twenties) and she was clear that his imprisonment would not bring back her son, or bring healing and justice to their family. So she advocated for a restorative justice dialogue process. But the Queens District Attorney’s office made the unusual decision not to prosecute the young man responsible, even though the killing was caught on camera. When the DA met with the family to explain the charging decision, Kate again asked them to help facilitate a restorative dialogue process. But she was told that the case was closed and there was nothing more they could do for her. Ironically, the Queens DA launched a Bureau of Rehabilitation Programs and Restorative Services in 2021, but this grieving family was never referred to the bureau. Instead, they were sent away with nothing.

Sharon’s only brother was murdered in Vancouver, BC in 2016. Because restorative justice dialogue is more widely available in Canada than it is in the United States, she was offered the opportunity to meet one of the men responsible. After extensive preparation conducted by mediators from a community-based organization in Vancouver, in September 2024 she traveled from Brooklyn to British Columbia to sit face-to-face with the man who shot her brother in the chest. They talked for 4.5 hours in a maximum security prison. She described the meeting as “even better than I could have possibly imagined.” She returned to Brooklyn “with a strong belief that all victims of crime, and those who have harmed them, should have the opportunity to engage in restorative practices.” And yet, I can count on the fingers of one hand the number of New Yorkers who have lost family members to homicide who have been offered this opportunity.

If grieving family members who have lost loved ones to senseless acts of violence can’t access restorative justice in New York, what about the countless others whose lives are upended by violence (both interpersonal and state sanctioned) on a daily basis in this city? What hope do they have? By and large, the system offers only one remedy and that’s punishment, which generally compounds harm. It’s time that our city and state government agencies that claim to serve victims of crime, both expand the number of New Yorkers who are considered crime victims, and offer them pathways that lead to healing and meaningful accountability.

*I am using a pseudonym to protect her privacy.