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This judge wants to stop sending kids to jail: how we can help | Wesley Saint Clair | TEDxSeattle


if you could please indulge me for just

if you could please indulge me for just one second I want you to think about

one second I want you to think about

one second I want you to think about your cell phone what a marvelous piece

your cell phone what a marvelous piece

your cell phone what a marvelous piece of technology that is their instant

of technology that is their instant

of technology that is their instant connection with the world enormous

connection with the world enormous

connection with the world enormous computing power in your hand and that is

computing power in your hand and that is

computing power in your hand and that is something that technology is something

something that technology is something

something that technology is something that we take for granted every day

unlike a CEO of a technology company as

unlike a CEO of a technology company as a judge I sit in a system that has

a judge I sit in a system that has

a judge I sit in a system that has evolved very little in these last

evolved very little in these last

evolved very little in these last hundred two hundred years and that

hundred two hundred years and that

hundred two hundred years and that failure to evolve is crippling our

failure to evolve is crippling our

failure to evolve is crippling our children and the communities they live

children and the communities they live

children and the communities they live in now I remember when I was 16 I think

in now I remember when I was 16 I think

in now I remember when I was 16 I think I was 16 yeah and at that point I was

I was 16 yeah and at that point I was

I was 16 yeah and at that point I was invincible I knew everything no one

invincible I knew everything no one

invincible I knew everything no one could tell me anything any of you kind

could tell me anything any of you kind

could tell me anything any of you kind of recall with that yeah right you know

of recall with that yeah right you know

of recall with that yeah right you know that can you think of the things that

that can you think of the things that

that can you think of the things that you did wrong that you didn’t get caught

you did wrong that you didn’t get caught

you did wrong that you didn’t get caught at that were you to tell the person you

at that were you to tell the person you

at that were you to tell the person you were with today you’d be completely

were with today you’d be completely

were with today you’d be completely embarrassed by right you know youth of

embarrassed by right you know youth of

embarrassed by right you know youth of every background and culture go through

every background and culture go through

every background and culture go through this same process of hormones bravado

this same process of hormones bravado

this same process of hormones bravado resistance to Authority I forgot to

resistance to Authority I forgot to

resistance to Authority I forgot to mention I was very resistant to

mention I was very resistant to

mention I was very resistant to Authority and stupidity and the problem

Authority and stupidity and the problem

Authority and stupidity and the problem is though when youth of color engaged in

is though when youth of color engaged in

is though when youth of color engaged in these behaviors that their future self

these behaviors that their future self

these behaviors that their future self would be embarrassed by they often find

would be embarrassed by they often find

would be embarrassed by they often find the opportunity then come to meet with

the opportunity then come to meet with

the opportunity then come to meet with me mister criminal justice system and

me mister criminal justice system and

me mister criminal justice system and when they meet me I often times change

when they meet me I often times change

when they meet me I often times change their lives

their lives

their lives utterly and irreversibly I’ve watched

utterly and irreversibly I’ve watched

utterly and irreversibly I’ve watched this happen in our system and that’s why

this happen in our system and that’s why

this happen in our system and that’s why I’m now talking

I’m now talking

I’m now talking ooh about restorative principles you see

ooh about restorative principles you see

ooh about restorative principles you see because I’m tired of a system that is

because I’m tired of a system that is

because I’m tired of a system that is engaged in a continuous punitive

engaged in a continuous punitive

engaged in a continuous punitive measures models

especially when that information that

especially when that information that the reality is those punitive measures

the reality is those punitive measures

the reality is those punitive measures just pull them deeper into our system I

just pull them deeper into our system I

just pull them deeper into our system I mean we as a society and a community

mean we as a society and a community

mean we as a society and a community should don’t shouldn’t our

should don’t shouldn’t our

should don’t shouldn’t our responsibility to be about how to let

responsibility to be about how to let

responsibility to be about how to let them become that taxpaying law-abiding

them become that taxpaying law-abiding

them become that taxpaying law-abiding citizen and not be so terribly harmed by

citizen and not be so terribly harmed by

citizen and not be so terribly harmed by their actions we certainly don’t want

their actions we certainly don’t want

their actions we certainly don’t want them to harm themselves or other in that

them to harm themselves or other in that

them to harm themselves or other in that process now we get to the point you know

process now we get to the point you know

process now we get to the point you know I keep on looking at the world that I

I keep on looking at the world that I

I keep on looking at the world that I want to see where our community is

want to see where our community is

want to see where our community is engaged in a collaborative model of

engaged in a collaborative model of

engaged in a collaborative model of engaging our youth and resolving those

engaging our youth and resolving those

engaging our youth and resolving those conflict where we have shifted from of

conflict where we have shifted from of

conflict where we have shifted from of this punitive model to a strength-based

this punitive model to a strength-based

this punitive model to a strength-based model where we are actually listening to

model where we are actually listening to

model where we are actually listening to our youth and their voice to determine

our youth and their voice to determine

our youth and their voice to determine what the intervention should look like

what the intervention should look like

what the intervention should look like where detention is something that is

where detention is something that is

where detention is something that is rarely used except in the most serious

rarely used except in the most serious

rarely used except in the most serious are extreme cases where are the science

are extreme cases where are the science

are extreme cases where are the science of adolescent brain development drives

of adolescent brain development drives

of adolescent brain development drives us drives our interventions so we can

us drives our interventions so we can

us drives our interventions so we can find that greater person now my belief

find that greater person now my belief

find that greater person now my belief is restorative principles can bring that

is restorative principles can bring that

is restorative principles can bring that vision to life now what is restorative

vision to life now what is restorative

vision to life now what is restorative principles well it talks about

principles well it talks about

principles well it talks about accountability the person who has

accountability the person who has

accountability the person who has engaged in the action needs to be held

engaged in the action needs to be held

engaged in the action needs to be held accountable acknowledge the act and be

accountable acknowledge the act and be

accountable acknowledge the act and be held accountable it talks about the

held accountable it talks about the

held accountable it talks about the person who is harmed the victim is made

person who is harmed the victim is made

person who is harmed the victim is made homes not just financially but also

homes not just financially but also

homes not just financially but also emotionally and spiritually and finally

emotionally and spiritually and finally

emotionally and spiritually and finally it talks about the community leveraging

it talks about the community leveraging

it talks about the community leveraging the resources of the community to create

the resources of the community to create

the resources of the community to create a better outcome where they embrace both

a better outcome where they embrace both

a better outcome where they embrace both the person who is armed and the person

the person who is armed and the person

the person who is armed and the person who did the harm because there’s a

who did the harm because there’s a

who did the harm because there’s a better way forward in that way now you

better way forward in that way now you

better way forward in that way now you may have heard of a recent case that we

may have heard of a recent case that we

may have heard of a recent case that we had in our court and that employed the

had in our court and that employed the

had in our court and that employed the restorative principles process we had a

restorative principles process we had a

restorative principles process we had a young man who decided he wanted to take

young man who decided he wanted to take

young man who decided he wanted to take the property of someone else and it was

the property of someone else and it was

the property of someone else and it was by threat of force

by threat of force

by threat of force shoes and phone our normal process would

shoes and phone our normal process would

shoes and phone our normal process would have resulted in this young person

have resulted in this young person

have resulted in this young person sitting being incarcerated for a period

sitting being incarcerated for a period

sitting being incarcerated for a period of two to two and a half years and in

of two to two and a half years and in

of two to two and a half years and in juvenile prison at a cost of over two

juvenile prison at a cost of over two

juvenile prison at a cost of over two hundred thousand dollars of taxpayers

hundred thousand dollars of taxpayers

hundred thousand dollars of taxpayers money but we tried something different

money but we tried something different

money but we tried something different we allowed him to participate in a

we allowed him to participate in a

we allowed him to participate in a restorative principles model called

restorative principles model called

restorative principles model called peacemaking circles after ten months

peacemaking circles after ten months

peacemaking circles after ten months hundreds of hours from that young man

hundreds of hours from that young man

hundreds of hours from that young man and thousands of hours from our

and thousands of hours from our

and thousands of hours from our community he was able to able to create

community he was able to able to create

community he was able to able to create a support system around him that created

a support system around him that created

a support system around him that created a vision of him being that law abiding

a vision of him being that law abiding

a vision of him being that law abiding contributing member of our society

now this is not a soft on crime model

now this is not a soft on crime model are hug-a-bug models but rather this is

are hug-a-bug models but rather this is

are hug-a-bug models but rather this is a more holistic way to deal with the

a more holistic way to deal with the

a more holistic way to deal with the person harmed the victim and that youth

person harmed the victim and that youth

person harmed the victim and that youth and the community because that person

and the community because that person

and the community because that person that that young man has to get his

that that young man has to get his

that that young man has to get his respect back in the eyes of the

respect back in the eyes of the

respect back in the eyes of the community as well this is a way so we

community as well this is a way so we

community as well this is a way so we can come up with instead of always

can come up with instead of always

can come up with instead of always lose-lose situations maybe a win-win

lose-lose situations maybe a win-win

lose-lose situations maybe a win-win situation

situation

situation this is a paradigm shift because we

this is a paradigm shift because we

this is a paradigm shift because we incarcerate people we think

incarcerate people we think

incarcerate people we think incarceration is the answer

incarceration is the answer

incarceration is the answer United States 5% of the world’s

United States 5% of the world’s

United States 5% of the world’s population incarcerate s–

population incarcerate s–

population incarcerate s– 25% of the incarceration population in

25% of the incarceration population in

25% of the incarceration population in the world yeah that’s that that is stark

the world yeah that’s that that is stark

the world yeah that’s that that is stark numbers but this is a process by which

numbers but this is a process by which

numbers but this is a process by which we are embracing the the community is

we are embracing the the community is

we are embracing the the community is embracing all of the players to come up

embracing all of the players to come up

embracing all of the players to come up with different outcomes you know the

with different outcomes you know the

with different outcomes you know the reality is is the outcomes of our

reality is is the outcomes of our

reality is is the outcomes of our criminal justice system have been

criminal justice system have been

criminal justice system have been devastating on communities of color and

devastating on communities of color and

devastating on communities of color and even our law even our schools are

even our law even our schools are

even our law even our schools are engaging in a model that has having this

engaging in a model that has having this

engaging in a model that has having this disproportionate impact on youth of

disproportionate impact on youth of

disproportionate impact on youth of color they are being expelled and

color they are being expelled and

color they are being expelled and suspended from schools

suspended from schools

suspended from schools disproportionately and this really leads

disproportionately and this really leads

disproportionately and this really leads into the conversation of what about

into the conversation of what about

into the conversation of what about institutional racism because as a youth

institutional racism because as a youth

institutional racism because as a youth of color you are seven times more likely

of color you are seven times more likely

of color you are seven times more likely to have your case presented to the load

to have your case presented to the load

to have your case presented to the load of the legal system than a white youth

of the legal system than a white youth

of the legal system than a white youth you are five times more likely to have

you are five times more likely to have

you are five times more likely to have your case formally charges filed against

your case formally charges filed against

your case formally charges filed against you than a white youth and after you go

you than a white youth and after you go

you than a white youth and after you go through the process and and if you are

through the process and and if you are

through the process and and if you are indeed found guilty you are 11 times

indeed found guilty you are 11 times

indeed found guilty you are 11 times more likely to find yourself locked up

more likely to find yourself locked up

more likely to find yourself locked up in secure detention now secure detention

in secure detention now secure detention

in secure detention now secure detention is a place where 85% of the population

is a place where 85% of the population

is a place where 85% of the population are youth of color and of course they

are youth of color and of course they

are youth of color and of course they only represent 35% of the population

only represent 35% of the population

only represent 35% of the population general population well you might say

general population well you might say

general population well you might say Wesley really an institutional racism

Wesley really an institutional racism

Wesley really an institutional racism you know my response is well you know

you know my response is well you know

you know my response is well you know this I know judges I know police

this I know judges I know police

this I know judges I know police officers I know

officers I know

officers I know probation officers defense attorneys and

probation officers defense attorneys and

probation officers defense attorneys and they are not none of them are overtly

they are not none of them are overtly

they are not none of them are overtly racist they don’t call me the n-word in

racist they don’t call me the n-word in

racist they don’t call me the n-word in my courtroom at least to my face but I’m

my courtroom at least to my face but I’m

my courtroom at least to my face but I’m looking at the numbers and the numbers

looking at the numbers and the numbers

looking at the numbers and the numbers tell me that youth of color people of

tell me that youth of color people of

tell me that youth of color people of color are brought into our system and

color are brought into our system and

color are brought into our system and incarcerate it at massively

incarcerate it at massively

incarcerate it at massively disproportionate rates and there’s

disproportionate rates and there’s

disproportionate rates and there’s something wrong there so my belief is

something wrong there so my belief is

something wrong there so my belief is that

I would encourage you you know there’s a

I would encourage you you know there’s a professor Alexander Michelle Alexander

professor Alexander Michelle Alexander

professor Alexander Michelle Alexander wrote the book the new Jim Crow if you

wrote the book the new Jim Crow if you

wrote the book the new Jim Crow if you haven’t read I’ve encourage you to do so

she notes that institutional racism has

she notes that institutional racism has had these devastating effects in our

had these devastating effects in our

had these devastating effects in our communities of color and she knows when

communities of color and she knows when

communities of color and she knows when you eliminate generations and that’s a

you eliminate generations and that’s a

you eliminate generations and that’s a plural generations of leaders from the

plural generations of leaders from the

plural generations of leaders from the community than black and brown youth

community than black and brown youth

community than black and brown youth have no role models on which to base

have no role models on which to base

have no role models on which to base their behavior

their behavior

their behavior now restorative principles works you

now restorative principles works you

now restorative principles works you know we have some examples because it

know we have some examples because it

know we have some examples because it uplifts the individual it reestablishes

uplifts the individual it reestablishes

uplifts the individual it reestablishes a sense of respect by the community

a sense of respect by the community

a sense of respect by the community toward the individual and restores the

toward the individual and restores the

toward the individual and restores the individuals personal work New Zealand in

individuals personal work New Zealand in

individuals personal work New Zealand in the country of New Zealand it first it

the country of New Zealand it first it

the country of New Zealand it first it takes a lot of energy and effort to make

takes a lot of energy and effort to make

takes a lot of energy and effort to make a system change that pushes us this

a system change that pushes us this

a system change that pushes us this direction New Zealand has been operating

direction New Zealand has been operating

direction New Zealand has been operating restorative principle program since 1989

restorative principle program since 1989

restorative principle program since 1989 and the interesting thing is that in the

and the interesting thing is that in the

and the interesting thing is that in the course of that today 80 percent of the

course of that today 80 percent of the

course of that today 80 percent of the cases that used to be presented to their

cases that used to be presented to their

cases that used to be presented to their youth court are now resolved by way of

youth court are now resolved by way of

youth court are now resolved by way of diversion police diversion community

diversion police diversion community

diversion police diversion community versions with supportive evidence based

versions with supportive evidence based

versions with supportive evidence based programs behind it and 80 percent of

programs behind it and 80 percent of

programs behind it and 80 percent of those cases that successfully complete

those cases that successfully complete

those cases that successfully complete that diversionary action never come back

that diversionary action never come back

that diversionary action never come back to court again Russell

now the 20% of cases that actually come

now the 20% of cases that actually come to court these are typically very

to court these are typically very

to court these are typically very serious cases very complex issues

serious cases very complex issues

serious cases very complex issues involved in them 60% of those cases who

involved in them 60% of those cases who

involved in them 60% of those cases who participate who successfully can

participate who successfully can

participate who successfully can participate in the family group

participate in the family group

participate in the family group conferencing which is the restorative

conferencing which is the restorative

conferencing which is the restorative principal model never come back to court

principal model never come back to court

principal model never come back to court so this this works you know we have to

so this this works you know we have to

so this this works you know we have to be courageous and stepping forward as a

be courageous and stepping forward as a

be courageous and stepping forward as a systems as community to do everything we

systems as community to do everything we

systems as community to do everything we can to because what we’ve been doing I’m

can to because what we’ve been doing I’m

can to because what we’ve been doing I’m sorry that’s not working so good now the

sorry that’s not working so good now the

sorry that’s not working so good now the interesting thing is the programs that

interesting thing is the programs that

interesting thing is the programs that New Zealand is using are the

New Zealand is using are the

New Zealand is using are the evidence-based programs are Washington

evidence-based programs are Washington

evidence-based programs are Washington state validated program so these are

state validated program so these are

state validated program so these are things that we know how to do we just

things that we know how to do we just

things that we know how to do we just have to restructure ourselves so that we

have to restructure ourselves so that we

have to restructure ourselves so that we can do them effectively you know but

can do them effectively you know but

can do them effectively you know but this is larger than just a justice issue

this is larger than just a justice issue

this is larger than just a justice issue that’s why I call I use the term

that’s why I call I use the term

that’s why I call I use the term restorative principles because when you

restorative principles because when you

restorative principles because when you use restorative justice they say oh

use restorative justice they say oh

use restorative justice they say oh that’s a court issue we don’t have to

that’s a court issue we don’t have to

that’s a court issue we don’t have to deal with this but the issue the the

deal with this but the issue the the

deal with this but the issue the the these the reality of institutional

these the reality of institutional

these the reality of institutional racism is evident everywhere schools

racism is evident everywhere schools

racism is evident everywhere schools behavior health housing employment you

behavior health housing employment you

behavior health housing employment you name the sector of our community and

name the sector of our community and

name the sector of our community and there are manifestations of

there are manifestations of

there are manifestations of institutional racism see in my belief is

institutional racism see in my belief is

institutional racism see in my belief is that by implementing carefully

that by implementing carefully

that by implementing carefully implementing programs based upon

implementing programs based upon

implementing programs based upon restorative principles we can start

restorative principles we can start

restorative principles we can start dismantling that process and create new

dismantling that process and create new

dismantling that process and create new relationships that our community would

relationships that our community would

relationships that our community would benefit from our world would actually

benefit from our world would actually

benefit from our world would actually benefit from you know I’ve been a judge

benefit from you know I’ve been a judge

benefit from you know I’ve been a judge now for thirty years and before that ten

now for thirty years and before that ten

now for thirty years and before that ten years as an attorney

years as an attorney

years as an attorney and this is the most hopeful criminal

and this is the most hopeful criminal

and this is the most hopeful criminal justice reform that I’ve ever seen I

justice reform that I’ve ever seen I

justice reform that I’ve ever seen I have you know but I gotta be honest with

have you know but I gotta be honest with

have you know but I gotta be honest with you I was a skeptical and reluctant

you I was a skeptical and reluctant

you I was a skeptical and reluctant participant in this program absolutely

participant in this program absolutely

participant in this program absolutely are you kidding me I’m not gonna do that

are you kidding me I’m not gonna do that

are you kidding me I’m not gonna do that but you know I began to trust the

but you know I began to trust the

but you know I began to trust the process and to believe in the process

process and to believe in the process

process and to believe in the process and I felt personal transformation it’s

and I felt personal transformation it’s

and I felt personal transformation it’s occurring you know and as I watched this

occurring you know and as I watched this

occurring you know and as I watched this young man mature and and become this

young man mature and and become this

young man mature and and become this caring empathetic contributing member of

caring empathetic contributing member of

caring empathetic contributing member of our society I was struck by what’s

our society I was struck by what’s

our society I was struck by what’s possible with commitment and focus the

possible with commitment and focus the

possible with commitment and focus the reality is jail does is not an effective

reality is jail does is not an effective

reality is jail does is not an effective change agent for youth and I’m here to

change agent for youth and I’m here to

change agent for youth and I’m here to bear witness to an institution that is

bear witness to an institution that is

bear witness to an institution that is right for change because our kids are

right for change because our kids are

right for change because our kids are our families our communities in our

our families our communities in our

our families our communities in our future deserve better

future deserve better

future deserve better [Applause]

”

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