TraumaTies Episode 6: Trauma & the Criminal Legal System (Part 2: Restoration)
Episode Summary
Throughout her career, Seema Gajwani has been working to improve criminal and juvenile justice systems across the country, running the Criminal Justice Program at the Public Welfare Foundation in Washington, D.C. before entering her current role at the D.C. Office of the Attorney General.
On this week’s episode of TraumaTies, hosts Bridgette Stumpf, Executive Director at NVRDC, and Lindsey Silverberg, Head of Services at NVRDC, talk about restorative justice with Seema, who serves as Special Counsel for Juvenile Justice Reform and Chief of the Restorative Justice Program Section at the Office of the Attorney General for the District of Columbia D.C.
At its core, restorative justice focuses on healing through community and connection. “Healing isn't meant to only be offered to one side. It is encompassed in the dignity that is afforded to all participants who participate in restorative justice,” Seema says. “You create a space where nobody is necessarily more powerful than anybody else.” Eliminating those power dynamics fosters authentic communication in a safe space, which in turn transforms behavior and leads to healing.
This episode digs deep into the practices and principles of restorative justice, the flaws of the current justice system, and how restorative justice is leading to positive, lasting change.
Featured Guest
Name: Seema Gajwani
What she does: Seema is Special Counsel for Juvenile Justice Reform and Chief of the Restorative Justice Program Section at the Office of the Attorney General for the District of Columbia D.C. She oversees juvenile justice reform initiatives, focusing on diversion, restorative justice, and improved data collection and analysis. Prior to this, Seema ran the Criminal Justice Program at the Public Welfare Foundation in D.C., funding efforts to improve criminal and juvenile justice systems across the country.
Company: D.C. Office of the Attorney General
Words of wisdom: “Restorative justice, really the features of it, are of redemption — ‘I did something bad, but I'm sorry. I wish I did it differently. And if I could do it over again, I would.’ And that's how you learn.”
Key Points
Top takeaways from this episode
Power plays an important role in restorative justice and trauma healing. When you’re in a courtroom, there’s a hierarchy of power between the judge, the jury, and the lawyers. The person who is charged with the crime is silenced, made to feel small, and not given the space to talk about it. But shaping a space where nobody holds power over another — like in restorative justice conferences — creates agency and choice for all members to feel empowered and dignified. Power is directly tied to trauma healing, and when you eliminate the power dynamics, everyone has space to heal.
Our current justice system isn’t built for lasting change. The U.S. criminal legal system not only has built-in inequities, but it’s also a terrible mechanism for changing behavior. It doesn’t focus on healing, empathy, and making communities safe — the current justice system is a driving force of violence. When you’re incarcerated, you’re exposed to shame, isolation, and lack of economic opportunities.
True healing comes from connectedness. When those who have harmed or been harmed come together through restorative justice programs, they have the opportunity to share their perspectives, be vulnerable in a safe space, talk about what they did wrong, and share what they hope to be in the future. Connecting with community builds empathy, consequential thinking, and transformative behavior, leading to lasting change that benefits all people involved.
Episode Highlights
[4:00] The roots of restorative justice: Restorative justice has a deep and ancient heritage, with principles originating from native indigenous cultures in the Americas, Western Africa, and New Zealand. The practice addresses harm and conflict and is meant to be done in the community by the community.
[15:19] Restorative justice for all ages: Studies have shown that restorative justice is not just beneficial for younger demographics, but also for adults. There are many assumptions that adults who have caused harm don’t want to engage in this type of system, when in reality, it could be very empowering for everyone involved.
[20:25] Guilt vs. shame: Brené Brown’s research explains that shame aligns with the thought “I am a bad person.” But guilt is productive because it aligns with the thought “I did a bad thing. I’m not a bad person.” However, the core of the justice system is often rooted in shame, criminalization, and isolation — which can lead to more violence.
[24:34] Balancing accountability and empathy: Danielle Sered’s book, Until We Reckon, explains that true accountability is actually taking responsibility for your behavior — which doesn't often happen in our justice system.
[32:14] The juvenile justice system: According to Seema, we’ve lost sight of what we’re trying to accomplish through the system — to help kids learn from their mistakes.
[34:07] Restorative justice is a step toward real transformation: Seema shares a story about how communication between those in a conflict eventually led to a successful restorative justice conference. Taking a case out of the courtroom can go a long way in someone’s life.
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Brought to you by Network for Victim Recovery of DC (NVRDC), TraumaTies: Untangling Societal Harm & Healing After Crime is a podcast that creates space and conversations to dissect the structural and systemic knots that keep us from addressing trauma.
Rooted in a belief that survivors of crime deserve respect for their dignity in the aftermath of victimization, NVRDC seeks to empower survivors by informing them of all of the options available and working to transform existing response systems to be more inclusive of the diverse needs that survivors often have after crime.
NVRDC also provides free, holistic, and comprehensive advocacy, case management, and legal services to victims of all crime types in Washington, DC. Visit our website to learn more about how to access our trauma-informed education training and how to partner with us to expand survivor-defined justice.
Top quotes from the episode:
[10:08] “So restorative justice, its effort is to give agency and dignity and humanity to everyone. And in that context, the expectation is, and what we see, is that in a space where people feel like they're seen — even if they've caused harm — they are more able to feel safe enough to be vulnerable, to talk about what they did wrong, what they wish they had done better, what they hope to be in the future. And that, it turns out, is what people who have been harmed deeply need oftentimes in order to heal.”
[19:30] “The existing justice system fails dramatically on all accounts. It is a terrible mechanism for changing behavior. And we know that, not only because of anecdote, because we see it all around us, but also, the most recent department of justice, DOJ's statistics show that the average recidivism rate of people who've been through the system and incarcerated is 70%.”
[24:23] “We both see the antidote to shame in all these different places is connection. But we put people into places and systems that create disconnection.”
[32:14] “If we think about them in the context of our own children, what we would want from a system is one that helped them learn from their mistakes. That's what we would want. We would want to give them an opportunity to build empathy and consequential thinking, to learn from their mistakes, and to change their behavior. And we would want to give them the support that they would need to do that if support is needed. And that's not what our system is about. Our system is about how do we hurt people because we've been [hurt]?”