Restorative Justice Program in Michigan

Christina Hines, a Democrat in Michigan, played a key role in launching a restorative justice initiative in Washtenaw County. This program gives defendants facing serious felony charges, like home invasion and assault with intent to cause significant harm, a chance to explore alternatives to jail time.

In 2021, Hines introduced the Washtenaw County Restorative Justice Program while working as the county’s first assistant prosecutor under Eli Savit, the county prosecutor.

The restorative justice policy established in Washtenaw County outlines three central components:

• The individual who caused harm must recognize the damage they’ve inflicted and take responsibility.
• Both the harm-doer and the victim collaborate on a plan to make amends.
• They seek to identify the root causes of the harm and work to prevent it from happening again.

This program allows specific criminal cases to be diverted from the traditional justice system after formal charges are filed. Interestingly, serious offenses like home invasion and assault are evaluated individually rather than being automatically excluded.

In a December 2023 piece for the Michigan Bar Journal, Hines highlighted that Washtenaw County’s program is Michigan’s first of its kind.

“Most adult criminal cases can be considered for this program, except for cases involving sexual assault, child victimization, intimate partner violence, and other situations where public safety is at stake, like homicides or gun violence,” Hines mentioned.

She explained that restorative justice aims to address issues and misconduct through healing rather than simply punishing offenders, prioritizing accountability over exclusion.

A court order from October 2022 laid out the foundation for the program, encouraging county residents to adopt restorative justice practices not only in legal matters but in everyday life.

This order also clarified that cases can be diverted to the program once formally charged by prosecutors.

An article from September 2021 noted Washtenaw County’s initiative’s inspiration from New York City’s Common Justice program, which specifically diverts serious and violent felonies like assault and robbery. The piece highlighted that victims often prefer restorative justice as an alternative to conventional legal processes.

However, there have been concerns about victims’ experiences in restorative justice settings. A study from 2012 on victim-offender mediation showed that some victims felt marginalized or intimidated during the process.

The research indicated that vital principles of restorative justice were sometimes overlooked. Some mediators encouraged victims to stay “positive” rather than fully express the repercussions they’ve faced, while others felt pressure to accept apologies or were intimidated by offenders and their families.

Hines joined the Washtenaw County Prosecutor’s Office shortly after Savit took office in January 2021 and was appointed as the first assistant prosecutor, despite having only six years of experience, which was notable given that some of her colleagues had significantly more.

Savit had campaigned on a progressive justice platform and promptly eliminated cash bail requests, marking Washtenaw County as the first in Michigan to do so.

As part of her vision for the future, Hines aims to secure funding for similar restorative justice programs on a national scale, aligning with her commitment to reducing gun violence in America, a goal supported by the Giffords organization.