JUST SAYIN’-Restorative Justice—an interesting term about which most of us know very little. Very simply, it “is a theory of justice that emphasizes repairing the harm caused or revealed by criminal behavior. It is best accomplished through cooperative processes that include all stakeholders.”
I have been working with the incarcerated within the California prison system for quite some time. I constantly hear of inmate abuse—incessant beatings, indeterminate punishment in solitary confinement (a situation well-known for causing or increasing mental deterioration—remember Hurricane Carter in the eponymous movie), refusal to provide needed medication as a punitive action (it has been reported to me that because some people were selling drug contraband, the inmates from the entire section were indefinitely refused their prescriptions).
Such conditions, and many more, have resulted in eventual recidivism because of the anger and resentment held inside by these prisoners and acted upon once they are released.
The purpose of prison is not only to punish but also to rehabilitate, to teach inmates how to take responsibility for their past actions, to provide education and training opportunities for eventual return to society where they can be contributors. For those who are lifers, they can still be taught the same pedagogies and apply them by helping other inmates who will eventually be released.
Too often, that is not happening. A large proportion of prisoners are not learning how to re-integrate into their respective communities upon their release but, through varying degrees of neglect and indifference, are devolving into recidivists rather than becoming productive.
In some prisons, however, the concept of restorative justice is now being seriously contemplated. Incentives? The inmate can learn to transition from a state of brokenness to integrity again. If inmates participate in and graduate from these classes and groups, earlier parole will be considered.
Part of the philosophy is really no different from many of the self-help steps taught to recovering alcoholics or gamblers.
What are some of these steps?
- efforts to restore (repair, mitigate) the harms perpetrated on victims and/or their families and to help make both offenders and victims whole again
- provisions for participation by victims in resolving issues regarding prisoner treatment as well as parole issues affecting their prison terms
- guidance in designing the government’s role in maintaining a peaceful and orderly community
Among the programs are Alcoholics Anonymous; Narcotics Anonymous; Criminals and Gang Members Anonymous (a 12-step process); Enhanced Out-Patient Program; and the Victims Awareness Offenders Program.
What is expected?
- taking daily moral inventory, recognizing wrongs and admitting it—using meditation and prayer to produce a spiritual awakening (something from which we can all benefit)
- “helping criminal offenders to understand the true nature and effect of their crime”
- understanding that there are no victimless crimes—all crimes have ripple effects, like falling dominoes
- discussing the arc of crime: activator—reactor—consequence
- placing themselves in the shoes of the victim (perpetrator, victim, victim’s family and friends)
- learning “how to dig deeper into root causes” of the “bad” actions; among these are childhood bullying, propensity to destructive behavior, learning how to understand themselves and how to change for the better
- addressing the past which produced the present which can lead to a better future
- learning how every action has a consequence for others even if one never knows what they are (for good or for bad)
One inmate courageously stated, “One problem I see with the EOP is the inability of the correctional system to deal adequately with many of the patients who are housed … ” in a prison.
Guards (some with an axe to grind) are frequently ill-prepared (often despite good intentions). The numbers they guard and the issues they encounter can be overwhelming. Ineffective interaction with the extremely mentally ill (who often should be in “regular” mental-health facilities in the first place—not prison confinement) can make matters even worse.
Another inmate adds to this discussion that when then-Governor Reagan closed many of the State Mental Hospitals (think of Camarillo) or substantially reduced services, many of the mentally ill found themselves out on the streets without any help at all. Such people often turned to crime in an effort just to sustain their tragic lives.
Right now, most restorative programs are implemented post-imprisonment (think of Jericho and Shields for Families). They do provide easier access because they are community-based. Law-makers generally support this concept whose outcome reduces court time, prison overcrowding, and recidivism.
More recently, however, many principals are recognizing how effective the restorative justice program would work if it were initiated while the offender is still in prison and has demonstrated a sincere desire (through a variety of personal behaviors) to take an active part in it.
{module [862]} {module [662]}
Another issue that must be addressed is the right to vote by former prisoners who have successfully served their time. As it is, the formerly incarcerated for felonious crimes are in most cases not allowed to vote for the rest of their lives. If we truly want them to re-integrate fully into their communities and be productive there, the franchise must be restored to them.
We know that too many have been incarcerated unfairly or for low-level crimes. People (particularly in their youth) make mistakes, sometimes egregious, but ought not be punished ‘til the end of their lives by taking the vote from them. It sends a message that they are forever tainted.
Having the “Mark of Cain” placed upon the formerly incarcerated can only lead to ruinous consequences, the unintended consequences that we should be loath to make happen. If read closely, the mark was supposed to protect Cain. The very least we can do is protect and support the people who have recognized and taken responsibility for their past and want to create a better future for themselves and others. Imprisonment is supposed to be about redemption and rehabilitation, not unending punishment.
Restorative justice and other such programs are at least part of the answer.
Just sayin’.
(Rosemary Jenkins is a Democratic activist and chair of the Northeast Valley Green Alliance. Jenkins has written Leticia in Her Wedding Dress and Other Poems, A Quick-and-Easy Reference to Correct Grammar and Composition and Vignettes for Understanding Literary and Related Concepts. She also writes for CityWatch.)
-cw
CityWatch
Vol 12 Issue 57
Pub: Jul 15, 2014