What is Restorative Justice?
The Massachusetts Legislature and the Boston Municipal Courts have approved Restorative Justice as an alternative to traditional criminal prosecution in certain cases. Acceptance into a restorative justice program agreement requires the consent of the client, the district attorney and the victim. Restorative justice is a voluntary process by which offenders, victims and members of the community collectively identify and address harms, needs and obligations resulting from an offense, in order to understand the impact of that offense. The offender is required to accept responsibility for his or her actions and the process supports the offender as the offender makes reparation to the victim or the community in which the harm occurred.
Which cases are NOT eligible?
Restorative justice is not available pre-disposition where the defendant is charged with a sexual offense as defined in G.L. c. 123A, § 1, an offense against a family or household member as defined in G.L. c. 265, § 13M, or an offense resulting in serious bodily injury or death.
If I’m eligible and decide to participate, can evidence obtained be used against me later?
Participation in a community-based justice program shall not be used as evidence or as an admission of guilt, delinquency or civil liability in current or subsequent legal proceedings against any participant. Any statement made during the course of an assignment to a community-based restorative justice program shall be confidential and shall not be subject to disclosure to any judicial or administrative proceeding and no information obtained during the course of such assignment shall be used in any stage of a criminal investigation or prosecution or civil or administrative proceeding; provided, however, that any evidence obtained through an independent source or that would have been inevitably discovered by lawful means is not precluded from being admitted at such proceedings. (Act § 202).