The question of whether we should have more restorative justice in the criminal justice system must start with some analysis of what the goals are and is there a need. As a matter of perspective, the 4th Judicial District Attorney’s Office has two long-standing and very effective programs that fall under the umbrella of restorative justice. Those programs are our Juvenile Diversion Program and the Neighborhood Justice Center.

The Juvenile Diversion program was first established by John Suthers, former district attorney and current Colorado Springs mayor. The program requires juveniles to take responsibility for their wayward actions and provides an opportunity to create a path forward, and it has proven to be very successful.

Also read: POINT | Case is clear: Expand restorative justice

Likewise, the Neighborhood Justice Center connects victims and offenders through mediation and is designed to find equitable solutions to issues that have led to involvement in the criminal justice system. The types of cases suitable for this program are always low-level disputes or property offenses.

It is undeniable that restorative justice principles are at work here in the 4th Judicial District and that they can be effective for the right kind of cases. However, there are alternatives to restorative justice and those alternatives have proven to be more effective for specific types of crimes and specific groups of defendants, and that is the problem-solving courts.

The problem-solving courts are a great example of local solutions for local issues, and the most successful is our Veterans Trauma Court (VTC). Stakeholders identified a growing number of veterans and active-duty service members becoming involved in the criminal justice system. The solution was expanding on a model that first gained prominence in Buffalo, New York.

The difference between the Buffalo model and our version of the VTC is stark. In Buffalo only petty offense, low-risk cases were admitted into the program. In sharp contrast, here in the 4th Judicial District we have taken misdemeanor and felony-level offenses involving high-risk defendants and given them the opportunity to regain their standing in the community. The results have been so positive that our model has gained national attention and serves as a benchmark for court systems creating similar models all over the United States.

Despite these local successes designed for local issues, we continue to see both state and national leaders calling for more top-down, state-mandated expansion of criminal justice reform that includes the use of more restorative justice models.

Studies have been conducted on the use of restorative justice in schools and the results are mixed at best. Restorative justice proponents argue that traditional methods of discipline in schools are ineffective, unfair, and potentially even racist. Those arguments should sound very familiar to anyone paying attention to those who argue in favor of sweeping reform of the criminal justice system.

In 2018 the RAND Corporation studied schools in Pittsburgh Pennsylvania Public Schools to gauge the success of restorative justice models in school settings. The results showed that suspension rates fell to 12.6 percent in the 22 schools using restorative justice, while also noting a similar decrease to 14.6 percent in the 22 schools using traditional discipline models.

More troubling, though, was the finding that academic performance fell in the restorative justice schools for African American students, specifically in math. Finally, arrest rates in both groups of schools were so similar that researchers found no statistical significance between them. In short, the very issues proponents argued would be solved through restorative justice saw only slight to no improvement in terms of suspensions and arrests, and an actual decrease in academic performance in students of color.

One size does not fit all, and that truth certainly applies to the criminal justice system. Top-down mandates from legislative bodies far removed from the issues rarely come with the funding necessary to effect positive and lasting change.

Michael Allen is the 4th Judicial District attorney, encompassing El Paso and Teller counties.