A Restorative Justice Adult Felony Case Study|My homework helper

Posted: February 13th, 2023

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Assault on a Safeway Manager

A Restorative Justice Adult Felony Case Study

Tom Cavanagh

Copyrighted materials enclosed. May not be reproduced.

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Assault on a Safeway Manager: A Restorative Justice Adult Felony Case Study

Tom Cavanagh, MS

Affiliate Professor School for Professional Studies

Regis University Denver, Colorado

Copyright © 1998. Tom Cavanagh-Restorative Justice, Inc. All rights reserved. This publication is protected by copyright law and may not be reproduced in whole or in part by Photostat. Microfilm, retrieval system, or any other means, without prior written permission of the publisher.

Tom Cavanagh-Restorative Justice, Inc., Publisher PO Box 214 Fort Collins, CO 80522 www.restorativejustice.com

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About the Author

Tom Cavanagh is a scholar, writer, and facilitator of restorative justice. He

facilitated a private forum called, “A conversation about restorative justice in

Colorado,” as part of the Institute on the Common Good at Regis University in Denver.

He is currently a Ph.D. candidate in Educational Leadership at Colorado State

University. His studies are focused on education and research related to restorative

justice. He is an Affiliate Professor of Management for the School for Professional

Studies at Regis University and an Adjunct Professor of Management at Front Range

Community College in Fort Collins, Colorado. He worked as a court reporter for the

District Court in Fort Collins.

He is an honors graduate of Regis University in Denver, with a MS in

management. His undergraduate work was completed at Carroll College, Helena,

Montana, where he received a BA in English, and Lamar (Colorado) Community

College, graduating with an AA in Liberal Arts.

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Abstract Restorative justice offers fresh ideas to our criminal justice system. This values-

based approach to justice is based on healing the harm of crime, with a balanced focus

on the offender, victim, and community. Because this philosophy is new, quantitative

data are hard to find. Therefore, the qualitative method of case studies is appropriate

for reporting and analyzing the outcomes of restorative justice.

This case study looks at the use of restorative justice conferencing in an adult

felony case. To date the primary focus of this process is on juvenile cases. This case

study involves an adult case, believed to be the first such case in Colorado and one of

the first in the United States. The highlight of this case study is a conference that took

place between the entry of the plea of guilty and sentencing by the Court.

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Assault on a Safeway Manager: A Restorative Justice Adult Felony Case Study

Background

The principal people involved in this case study are Milton Brown, a young black

man from Cheyenne, Wyoming. While in jail for this case, Milton learned was awarded

a scholarship to play football at Missouri Valley University. Randy Davison was a clerk

at a Safeway store in Fort Collins, Colorado. His real passion in life was sound mixing.

Randy was married to Jeannine, and they had two young children, Danielle and

Michael.

The incident that brought these people together occurred June 7, 1998, at the

Safeway store in Fort Collins where Randy worked. The allegations in the case indicate

Milton and an acquaintance were shoplifting at the Safeway store. At the time they

were drinking in celebration of their recent graduation from high school.

As the two young men were leaving the store with a basket full of groceries,

without paying for them, Randy followed the two young men and confronted them to

ask if they forgot to pay. Milton became outraged and attacked Randy, knocking him

down and stomping on his head. Randy was unconscious immediately after the

incident and suffered injury to his face and head, which resulted in hospitalization and

some loss of hearing. Randy didn’t remember the incident. Milton’s recollection of the

events is different than those mentioned above.

After Milton’s arrest the case proceeded through the criminal justice system in a

manner common to most adult criminal cases in Fort Collins. On September 30, 1998,

Milton entered a plea of guilty to the Court based upon a plea agreement reached

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between the prosecutor and Milton’s public defender. That agreement included a

stipulation that Milton would be sentenced to a cap of four years at the Colorado

 

SOLUTION

Restorative justice is a philosophy and practice that seeks to repair harm and restore relationships between individuals and communities affected by crime or conflict. In a restorative justice approach to an adult felony case, the focus would be on bringing the victim, offender, and members of the community together to address the harm caused by the crime and work towards a resolution that addresses the needs and concerns of all parties involved.

Here is a fictional case study to illustrate the process of restorative justice in an adult felony case:

Case Study:

A man named John is charged with a felony for breaking into a neighbor’s home and stealing valuable items. The victim, Sarah, is deeply traumatized by the experience and wants justice to be served.

In a traditional criminal justice system, John would be prosecuted and punished through imprisonment, fines, or community service. However, in a restorative justice approach, the following steps would take place:

  1. Assessment: A trained restorative justice practitioner would assess the readiness of both John and Sarah to participate in a restorative justice process.
  2. Preparation: The practitioner would prepare John and Sarah for the process by explaining the goals and expectations of restorative justice and ensuring that both are comfortable with the idea of meeting face-to-face.
  3. Meeting: A facilitated meeting would be arranged between John, Sarah, and any other relevant parties (such as members of the community). The meeting would provide an opportunity for John to take responsibility for his actions, express remorse, and listen to the impact of his crime on Sarah and the community. Sarah would have the opportunity to express her feelings and concerns and hear from John about the reasons behind his actions.
  4. Resolution: The parties would work together to develop a resolution that addresses the harm caused by the crime and restores relationships between John, Sarah, and the community. This could include John making restitution, participating in community service, and maintaining a positive relationship with Sarah and the community.
  5. Follow-

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