By Mike O’Connell and Joe White
When two Kentucky prosecutors from different regions, one from Louisville and the other from the wooded hills of Appalachia, independently decide to address some non-violent cases using the same approach, you know you’re onto something. That’s exactly what we’re doing with Restorative Justice.
Everyone agrees that individuals who cause harm to others should make amends for what they’ve done. Victims of crime deserve to feel justice has been served. Judges and prosecutors take the search for due process and a fair resolution seriously in each case before us.

For a long time, punitive sentences like incarceration, probation and fines were the only tools judges and prosecutors had to hold offenders accountable. However, sometimes unfortunate acts serve as opportunities for young people to learn from their mistakes and promote a positive behavior change.
Restorative Justice provides a facilitated process to allow individuals harmed by wrongdoing to meet with the offender. The offender must ultimately take responsibility for their actions and the two parties then work to reach their own shared resolution outside of the traditional justice system. This process sometimes turns a negative situation into a transformational one, providing the space for each person to know the other and better understand the circumstances and impact of the harmful event that brought them together.
The program is victim-centered: the Restorative Justice approach is voluntary and does not take place without the agreement of the victim. It begins with a facilitated meeting between the two parties. The person harmed can explain how the offense impacted them..
Both parties determine a course of action that allows offenders to not only fully understand the gravity of their actions, but also make amends for what they have done. For instance, a young person who steals money from a convenience store cash register might pay the money back to the owner and work at the store for a certain number of hours to remedy his or her actions.

Persons harmed who agree to Restorative Justice are glad they participated. By working with offenders to ensure they accept responsibility, victims often tell us that they feel a sense of closure and healing.
One of these individuals was a woman named Robin. Going through the restorative process proved to be what both individuals needed to move forward.
“Sometimes, people just need someone to say, ‘It’s okay — I understand, and I forgive you,’” she said. “[Restorative justice] is a great process for people who need to communicate and resolve things in a fair way.”
When asked what would have been the outcome if Restorative Justice was not an option, Robin said, “We both would have walked away with never knowing the possibilities.”
Offenders often learn their actions have real-life consequences through the restorative approach. Data from the Administrative Office of the Courts shows offenders who participate in Restorative Justice programs are more than 50% less likely to commit a future crime.
Additionally, this program saves communities significant tax dollars. According to Volunteers of America, every case resolved through Restorative Justice outside of the court system saves an average of $48,000 per case. By utilizing Restorative Justice, we are not only making our communities safer, but we are good stewards of limited local and state funds.
As county attorneys, we recognize our duty to uphold the law in our communities. While punitive measures are a traditional tool, Restorative Justice has emerged as a promising alternative for some non-violent cases. Restorative Justice offers a path to healing and accountability for both victims and offenders.
Mike O’Connell serves as Jefferson County Attorney.
Joe White serves as Clay County Attorney.