Restorative justice is a tricky thing to describe. In many ways, it is a criminal justice philosophy that influences new laws and procedures within the court system. In other ways, it has been codified into law, and many defendants can benefit from government-sanctioned restorative justice programs.

Restorative justice generally emphasizes treatment over punishment, although punishment remains a key component of criminal penalties. Various programs exist to address the specific needs of criminal defendants. The underlying belief is that if the root causes of criminal behavior (e.g., poverty, mental health, access to resources) are addressed, a defendant is less likely to reoffend.

Call the Liberty Law Team at (215) 826-3314 and ask our Philadelphia criminal defense attorneys for a free, private legal review.

What is Different About Restorative Justice in Philadelphia?

Restorative justice emphasizes addressing the root causes of criminal behavior rather than punishment, although punishment remains part of the criminal justice process. In some ways, the justice system has incorporated restorative justice into its framework. In other ways, it has yet to catch up.

Treatment Over Punishment

Restorative justice is a concept within the legal system that emphasizes treatment of offenders rather than just punishment. The goal of most restorative justice programs is to address the reasons why people commit crimes to hopefully prevent them from reoffending.

Punishment remains part of the justice system, including restorative justice programs. Participating in a restorative justice program, if one is available, does not mean that legal penalties will not apply. However, you may have the opportunity to take part in treatment or educational programs that address the root cause of criminal behavior.

Treating the Root Cause of Crime

The aim of restorative justice is to help offenders and victims address the issues within their communities that often lead to criminal behavior. Opportunities and programs for restorative justice may provide certain defendants with access to drug and alcohol treatment, for example. Others might allow defendants to have their charges dismissed if they complete diversion programs that focus on rehabilitation and treatment.

Community Focus

Many community-based restorative justice programs focus on helping community members affected by crime. This can include victims of crime in addition to family members or loved ones of offenders who are incarcerated. This underscores a major component of restorative justice: that preventing crime requires community-wide support and effort.

Restorative justice proponents often emphasize the need for community healing.

Restorative Justice Programs for Philadelphia Criminal Defendants

Numerous restorative justice programs exist in Philadelphia to help defendants. While the government operates some programs, others are community-based. Our Philadelphia criminal defense attorneys can help you determine if a program is available to you and whether it can help your case.

Accelerated Rehabilitative Disposition (ARD)

In Philadelphia, many defendants participate in ARD programs that help them avoid conviction on certain criminal charges. These programs are often designed for non-violent and first-time offenders, with different programs being available for felony and misdemeanor offenders.

If you are eligible, you must abide by the terms of the program and complete treatment plans, educational courses, community service, and possibly other requirements.

Those who complete diversion programs may have their charges dismissed and maintain a clean record.

Mental Health Court

Unfortunately, some defendants end up in the criminal justice system because of serious mental health problems. Philadelphia’s mental health court is a restorative justice program aimed at diverting defendants with mental health issues from incarceration and into rehabilitation and treatment.

Mental health courts usually serve defendants who are charged with non-violent crimes and have mental health issues or disorders. To be eligible, you must be awaiting trial or currently serving a sentence for a non-violent crime.

DUI Treatment Court

Being charged with a DUI is often regarded as an enormous and embarrassing mistake. Unfortunately, some drivers have alcohol abuse or dependency issues, and they may have multiple DUIs in their driving history. Philadelphia’s DUI treatment court may be available to help those with alcohol abuse problems.

This program is generally reserved for those with multiple DUIs and allows them to seek treatment and hopefully avoid incarceration.

FAQs About Restorative Justice in Philadelphia

What is Restorative Justice in Philadelphia?

Restorative justice encompasses a perspective that the criminal justice system should provide treatment and rehabilitation while addressing the root causes of crime. Ideally, restorative justice programs help people get treatment, participate in community service, and possibly avoid conviction.

How Can Restorative Justice Help Criminal Defendants?

Restorative justice programs differ in how they help defendants. ARD programs may allow certain eligible defendants to get their charges dismissed if they complete the program, which may involve treatment, education, community service, and possibly more. Other programs, like mental health court, address those with mental health needs who are charged with non-violent crimes.

Are Restorative Justice Programs Administered by the Government?

Sometimes, yes. Many restorative justice programs in Philadelphia are administered by the local and state governments. Courts may allow defendants to enter specific programs or adjust sentencing outcomes if defendants participate in certain programs.

Is Restorative Justice Part of the Philadelphia Criminal Court System?

Yes. While restorative justice does not necessarily permeate the entire Philadelphia criminal justice system, it is present at numerous stages and phases of a criminal trial. For example, courts often encourage eligible defendants to participate in Accelerated Rehabilitative Disposition (ARD) programs that may help them avoid conviction.

How Do I Know if a Restorative Justice Program Can Help Me?

If you are interested in a restorative justice program, ask your attorney for help. They can help you determine if you are eligible for any restorative justice programs and whether these programs could help you avoid a conviction or avoid more serious penalties.

Contact Our Philadelphia Criminal Defense Attorneys for Help with Your Case

Call the Liberty Law Team at (215) 826-3314 and ask our Bucks County, PA criminal defense attorneys for a free, private legal review.