Retribution Vs. Restoration Jenna Lopes University of North Florida

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2002 There's Got to Be a Better Way: Retribution vs. Restoration Jenna Lopes University of North Florida

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This Article is brought to you for free and open access by the The sprO ey Journal of Ideas and Inquiry at UNF Digital Commons. It has been accepted for inclusion in All Volumes (2001-2008) by an authorized administrator of UNF Digital Commons. For more information, please contact Digital Projects. © 2002 All Rights Reserved There's Got to Be a Better Way: rehabilitation, and restoration, particularly Retribution vs. Restoration faith-based restoration. The amount of research that has been Jenna Lopes done on incarceration, inmates, and corrections, in general, is voluminous. For Faculty Sponsor: Dr. Andrew Buchwalter more than 30 years researchers have been Associate Professor and Chair of telling us that retribution as a deterrent does Philosophy not work. This is proven by the high rate of recidivism (re-arrest and re-incarceration), When you ask most citizens what their which runs on the national level from 50% major concerns are, time and again "crime" to 68% for nonviolent offenders and about is among the top responses. For the last two 60% for violent offenders with re-arrest decades politicians and legislators have occurring within three years. I The criminal responded by increasing the number of justice system continues a policy and offenses that call for incarceration and practice that are costly, ineffective, and, at increasingly stiffer penalties for those its worst, damaging. crimes. Yet, to the dismay of everyone The majority of U.S. policy is based on concerned, those actions have been either retribution theory or deterrence unsuccessful in allaying fears or correcting theory. The retributive view is that the problem. In fact, most state punishment is justified on the grounds that governments have realized that burgeoning wrongdoing merits punishment. The corrections budgets are robbing the deterrence theory, also known as the citizenry of needed services and are close utilitarian view, seeks to prohibit future to bankrupting the system. It is generally conduct. Both of these theories are based conceded that something must be done and on the free will explanation of criminal both federal and state officials are working behavior as found in the Classical Model of to remedy the situation. criminology as advanced by writers like By examining the historical treatment Cesare Beccaria and Jeremy Bentham. It is of punishment and the results of those known today as the Justice Model, whose practices, we can more accurately diagnose proponents include James Q. Wilson, the problems and prescribe the proper Ernest van den Haag and David Fogel. remedies. It is time that we focus on The average citizen is appalled by the healing instead of simply treating the high rate of crime (which has been up and symptoms with catastrophic intervention. down over the last 30 years) and is As with medicine, if a problem is detected frightened that he or she may be a victim of and treated early the probability of recovery crime at some point. Because of this, the and a healthy life are much higher than hue and cry that have gotten so many beginning treatment after the body has politicians elected in the last two decades become critically ill. I propose a holistic are "Get tough on Crime!" and "Lock 'em approach to the problem of crime and up and throwaway the key!" In the 90's punishment and here, specifically, focus on many states have passed mandatory the alternative to current correctional sentencing laws as well as passing practices. The practice of restorative justice, legislature that requires inmates to serve at based on the reconciliation theory, is both least 85% of their sentences. Yet neither the the more civilized and effective method of crime rate nor recidivism has been corrections. I will include a brief history of appreciably reduced. If tougher sentencing imprisonment, recidivism rates, social cost, laws and longer sentences have not made economic costs (both in state spending and the desired impact (less crime), then it is by inmate families), prisons as business, obvious that something needs to be done to correct "corrections."

52 Osprey Journal of Ideas and Inquiry In his book Hard Time: Understanding mutual and supportive relationships with and Reforming the Prison, Robert Johnson, others. Immature coping is what leads most Professor of Justice, Law and Society in the offenders to prison in the first place and by School of Public Affairs at The American learning to cope maturely, the chance of University, states that although prisons are transferring those skills to situations on the necessary, they should be civilized and outside is increased. civilizing institutions. He believes that Johnson cites James Q. Wilson, The prisons should reflect Plato's dictum that Moral Sense, 1993, when he says, "the the person subject to punishment "should social world of a decent prison is built on emerge a better man, or failing that, less of social relations. Such relations are the a wretch." (Johnson, 4) bedrock upon which our.. moral sense .. .is We hold the largest number of prisoners built. Our notions of right and wrong ... are in the "free" world and the majority of those premised on our capacity to feel for and are incarcerated for drug crimes or for relate to other human beings, to take their crimes related to drug use. 7 Many of the interest seriously and, moreover, to take offenders are not the down and out elements the needs and concerns of others into of society that one would expect, but rather account when we fashion our own lives." people who have, for the most part, Unfortunately, because our prisons are functioned in society. More than two-thirds primarily warehouses, the opportunity are high school graduates and have and the incentive to develop relationships maintained stable employment. (Johnson, 5) are absent. While prisons undoubtedly hold violent To Johnson and many others it is offenders, very few prisoners turn to uncomfortable for society to "relegate violence while in prison. (Johnson, 6) Most prisoners to a human junk heap" where of them do their time peacefully, just trying pain is an everyday companion one must to survive and make it the best of a bad endure without any redeeming social situation. The majority of today's prisons benefit or purpose. They leave prison worse are, at best, warehouses. Most prisoners sit than when they entered, unable to cope around with very little to keep them with life on life's terms and consequently occupied. The public's notion of a country unable to contribute to the welfare of club setting is erroneous. Most prisons are society either morally or economically. Spartan and the routines very dull. The history of incarceration is Although our corrections' system means no interesting. Originally detainment was to harm, the fact is that human warehousing is induce payment of fines or to hold someone devastating to human potential. As Johnson awaiting trial, banishment or execution. says, prisons may provide comfort but they Punishment by long periods of confinement are uncomfortable. is a relatively modern phenomenon. Prisoners must serve hard time. And in Imprisonment is punishment, in and of accordance with the retribution theory, they itself and has always been dating back to must suffer for the wrongs they've done to Mamertine Prison, circa 64 B.C., which others, that's only "just", and prisons are was probably the first "formal" and obviously painful places to be. But the time enduring prison. Mamertine was built under should be constructive time, not dead time. the sewers of Rome and men were confined One of the most valuable lessons for in cages. Such punishment can certainly be prisoners to learn is what Johnson calls seen as a deterrent to crime. Other mature coping. He defines it as: 1) dealing punishment, such as being burned or directly with one's problems, using mutilated, was much more dramatic and resources legitimately at one's disposal; 2) obviously more painful. refusing to employ deceit or violence other ExpUlsion or banishment was used to than for self-defense; and 3) building rid communities of criminals, as well as to

Osprey Journal of Ideas and Inquiry 53 isolate those who carried infectious imposed as a result of the hue and cry are diseases. 110wever, when it was unfeasible not working. If they worked, we would not to banish the whole community, entire have seen more than a 100% increase in the cities would be confined, or quarantined, number of people we hold in prisons. during the worst of the Plague. There are several reasons that the The regimen enforced within the prison programs do not work. The first is that of counts and restricted movement is punishment based on the loss of freedom reminiscent of quarantined communities. does not address the causes of deviant The occupants of houses were required to and/or anti-social behavior. Some would appear at their windows at certain times of argue that to address the causes is not the the day to assure that they were still there purpose of punishment. While that may be and still alive. Much the same is required of true, to stop there is extremely shortsighted. inmates in today's prisons. Since 95% of inmates will be returned to Deviance was, and is, seen as a plague the communities from which they came, not to society and the American answer to that addressing the problems ensures continued plague was the penitentiary. It was believed criminal activity. Simply locking someone that by hard labor, isolation, silence and up, removing them from anything and only the Bible to read, the deviants and anyone who is supportive or nurturing, only misfits would find God and be reformed. It adds to the deprivation that often is the root was unsuccessful. Many men imprisoned cause of the offending behavior. What does during that time lost their minds and never happen is that the stress involved with found repentance. From solitude the next incarceration - loss of love, companionship, step was the prison factory, long hours of productivity, responsibility - compounded hard work, endured in silence, to be by boredom, fear, and constant brought to conformity with society by watchfulness only exacerbates the problems discipline. Two types of penitentiaries and of most inmates. two methods of reform: the separate system Most prisons in the U.S. have stripped sought to shape "good and proper men ... correctional facilities of the "perks" that of disciplined habits and solid virtue" that prisoners were given 20 to 30 years ago. also possessed a preference for simple and Perks like educational programs, drug and solitary pursuits; the other, the congregate alcohol treatment, rehabilitation programs, system, sought to "forge a crude urban mental health counseling, vocational creature, a tame proletarian worker, programs, prison pay, conjugal visits, oppressed and angry" but compliant. furloughs and real work. The greatest (Johnson, 44) number of institutions today has little, if Ten years ago 850,000 individuals any programs for inmates. The public were incarcerated in the United States. perception of life behind bars was that Today there are more than 2,000,000. The prisoners were given a free ride and had current attitude and practice are one of more benefits than the average Joe on the human warehousing. Incapacitation is the street. While it is true that not everyone on popular response to the problem of crime in the outside has access to the above America. "The 90's answer to the 90's mentioned perks, most citizens have, at problem" is the phrase used by Director of some point, had the opportunity to take Corrections in South Carolina, Doug Catoe. advantage of education, training and If you get them off the street, they can't therapy. The difference is that for those commit another crime. "Three strikes and who are incarcerated, without these you're out!" reflects the national programs there is little hope of changing intolerance for the rampant crime but we their circumstances once they return to the have experienced over the last two decades. street, which puts them in the precarious The problem is that the sentences being position of repeating previous behavior.

54 Osprey Journal of Ideas and Inquiry The "average" inmates "average" day There are many factors leading to re consists of getting up between 6:00 and offense. From the economic aspect, most 7:00 A.M., breakfast, count (while in their ex-offenders re-enter the job market with rooms/cells), showers, reading or TV, the suspicion attached to an ex-con which lunch, count, reading or TV, count, reading makes it difficult to obtain positions that or TV, dinner, count, reading or TV, count, will support an individual, much less a reading or TV, lock down at 11 :00 P.M. family. There are some jobs they are denied Interspersed throughout this routine is access to permanently, such as security recreation for an hour twice a week, Bible positions, military enlistment, or any type study one to two nights a week, some of job requiring bonding. From a prison job which takes an hour to two hours sociological perspective, much, if not all, of to perform, card games with other inmates an ex-offenders support system, i.e., family, and an occasional letter home or time spent friends, former colleagues, are no longer in line to use the phone. Some inmates are supportive and have abandoned the involved in a prison industry such as individual. Transition to life outside the furniture making, assembly, etc., but that is institution is difficult at best and can be the minority. There are not enough jobs for impossible at worst. Often, the only support the inmate population. system available to him is the same After a year, five years, ten years, 20 criminal element with which he was years of this routine, the inmate released on involved before arrest. Usually having the street is ill equipped to deal with life. received no drug or alcohol counseling There is also the stigma of being an "ex while in prison, the return to drugs as a con so often finding gainful employment is coping mechanism almost assures re difficult, if not impossible. offense and subsequent imprisonment. There is also the constant threat of An even greater factor to be gauged is assault. Impulse control is a contributing the social cost of the current system. How factor to the behavior of many individuals many single heads of households in the and that lack of control is one reason that United States are a direct result of the individuals break the law and end up in current system? With more than 2,000,000 prison. Violence is a part of the "crime people incarcerated and the majority of culture" and control of weaker individuals those (approximately 95%) male, the social by threat or action is often the vehicle for implications are enormous. Statistics show respect and status within the walls. that 54% of those incarcerated have had a Vigilance is the norm and a necessity parent incarcerated. It was found that of for survival. juvenile offenders in Florida, 58% had at Re-offense with subsequent re least one parent incarcerated and one study incarceration is known as recidivism. The showed that factor made them more than average time between release and re-arrest six times as likely to become incarcerated is about two and a half years. The national themselves. In Florida alone there are rate of recidivism is more than 50% in the almost 60,000 children with an incarcerated US. Since very few offenders are caught, parent, which translates into literally prosecuted, and incarcerated on their first thousands of single parent families. Since offense (by self-report, it is usually at least the majority of inmates come from the the eighth) two factors become readily lower income stratum, many below poverty apparent. First, the number of people that level, the perpetuation of economic are locked up is not an accurate reflection disadvantage as well as the recognized of the number of crimes committed and that social and educational bankruptcy incarceration is not a deterrent. Just taking associated with it is readily apparent. There a person's freedom for a specific amount of will be more broken families; more families time does not ensure obedience to the law. on welfare; more single mothers working

Osprey Journal of Ideas and Inquiry 55 two jobs, now making the home absent two through the canteen, which is the only legal parents; the stigma of prison by association. source available for inmates to obtain Even more damaging socially is the goods such as underwear, shoes, paper, inability of the offender to achieve the envelopes and stamps, etc. Commissions measure of normalcy and reinstatement into are also earned on collect telephone calls; the mainstream. When he is released, and and vending machine items purchased most will be released at some point, the during a visitation. Again, with the inmate stigma attached to an ex-con and his population predominantly originating from absence from the workforce for an a low-income group, the additional extended period of time makes it extremely financial burden plunges the already needy difficult to secure employment that will into even deeper need. support himself, much less a family. If he It is estimated that the state spends ten does not receive vocational training, to fifteen times more on corrections than on counseling or treatment during his education. Again, meta-analysis shows a incarceration, the core problems that lead to direct link between a lack of education, offending have not been addressed and will unemployment, and crime. It would seem surely reemerge. that an emphasis on the preventive Current figures estimate the average measures, such as more funding for cost of incarcerating one individual to be education in the way of better facilities, $23,000 per year (this does not include higher wages for teachers (attracting more geriatric care, juvenile care or super-max competent instructors), more teachers, up care). With more than 2,000,000 people in to-date technology that is available to all prison that conservatively translates to 46 students, a more diverse curriculum within billion dollars per year! The 2000 budget in the schools (including life skills), after Florida for corrections is $1.7 billion. The school programs for tutoring and mentoring, cost of imprisonment is borne by the etc., would go far in helping to reduce long taxpayer: that's you and I. It also means term expenditures on corrections by helping that there are at least 990,000 able body to eliminate the core causes. men and women not contributing to the tax One explanation for the perpetuation of base of either the state or the country. the prison industry despite evidence that the The economic cost to the inmate system is severely flawed is that it is big family is enormous as well. In a recent business. With the average cost of building study by the Committee on Corrections of a prison $200 million plus it is no wonder the Judicial Council, Florida House of that companies in the business of building Representatives, the result showed that the prisons are lobbying intensely for the "law average costs incurred by inmates family and order" agenda on Capitol Hill. was more than $275 a month or $3,300 per Geographically, most facilities are located year. These figures are similar to my in rural or sparsely populated areas, thereby findings for a project done in a single providing a source of revenue in the form institution in South Carolina. What must be of services provided and employment for realized is that these costs are over and an often economically depressed area, the above normal family expenses and loss of which would return the community represents an additional hardship, which to its former economic status. compounds the often devastating loss of For a short period of time during the income from the primary income earner's late 60's and early 70's, the correctional incarceration, throwing the family into an system adopted a rehabilitation model, even lower economic arena. which has since been abandoned by the The cost of running the facilities is majority of state systems. Why? The subsidized by the inmate families through consensus is that rehabilitation doesn't commissions earned on items purchased work. 3 My contention is that it was never

56 Osprey Journal of Ideas and Inquiry given enough time to work. It was offenders. If incapacitation worked, abandoned because it is initially more offenders would not be returning to prison expensive to rehabilitate than to in such large numbers. incapacitate. If offenders received A new proposition is in order. How can education and treatment they would be less we meet the true objectives of corrections? likely re-offend and therefore there would First, we must define those objectives. The be less of a need for prisons. following are taken from Departments of The programs that were offered Corrections' mission statements or goals: included vocational programs, drug and alcohol treatment, other mental health "The agency provides offenders under its services, anger management, stress jurisdiction with Opportunities to become management, furloughs, educational courses productive, law-abiding citizens ..." which included two and four year degrees, South Carolina work initiatives and other skills development. As with any program, a "[G]uiding offenders to become law holistic approach must be taken. With a abiding citizens ..." Utah piecemeal approach you will get a piecemeal result. One of the main problems "The Department of Corrections protects associated with the lack of success of the the public by operating a safe, secure, rehabilitation model is that many prisons humane and efficient corrections system." did not offer complete programs but only a Florida few here and there. In most Departments of Corrections today, there are still remnants of "In partnership with the citizens of Alaska, these programs available to inmates. protect the public from repeat offender However, no facility has all the programs crime by using the best correctional that are offered. In Florida and South practices available to provide a continuum Carolina, as well as in many other states, of appropriate, humane, safe and cost while there may be a variety of programs effective confinement, supervision, and offered, usually the program is offered in rehabilitation services. The Department will only one, two or three facilities but certainly carry out its responsibility while respecting not all, which effectively means that they the rights of victims and recognizing the are not available to thousands of inmates. dignity inherent in all human beings." The bottom line is that our current Alaska system of corrections doesn't work. In fact, it actually perpetuates its own failure. It is "The mission of the Department of costly and, in many cases, inhumane. The Corrections is to protect the public from success of any program is gauged by the criminal offenders through a system of achievement of its goals. If the goal is incarceration and supervision which retribution, how does one really gauge "just securely segregates offenders from society, desserts?" And who benefits from the assures offenders of their constitutional retribution? Does the victim? Definitely rights and maintains programs to enhance not. Ask a victim of crime if he or she is the success of the offender's reentry into satisfied with the outcome and if the society." Illinois sentencing of the offender has made the situation better, for the most part, the victim "The mission of the Oregon Department of will tell you no. If the goal is deterrence, Corrections is to promote public safety by it's obvious even to the casual observer that holding offenders accountable for their it doesn't work by the sheer number of actions and reducing the risk of future prisons being built to hold new and repeat criminal behavior." Oregon

Osprey Journal of Ideas and Inquiry 57 "To provide public protection by operating in the mission statement of almost every humane and secure facilities in a safe department) ? working environment, where the health and There are a few states that have adopted well-being of the committed are sustained, a progressive approach to rehabilitating the and opportunities are available for the offender. In those states, although the cost committed to address issues related to their per inmate is higher than those whose goal reintegration back into the community." is simply incapacitation, it is not Hawaii significantly higher and their recidivism rates are lower. Arguably, recidivism rates "To provide the necessary custody, care, can be manipulated and across the board and supervision of juvenile and adult states are generally showing lower rates. offenders for the protection of the citizens What one must keep in mind when of South Dakota." South Dakota reviewing those numbers is that because of the tougher sentencing laws of the last two "Restorative justice is a new framework for decades, offenders are serving much longer the criminal justice system that is rapidly sentences and therefore are not returning to gaining acceptance and support by criminal the street as quickly. Additionally, with justice professionals and community groups longer sentences being served, offenders are in Minnesota and across the nation. The older upon release and, statistically, as one Minnesota Department of Corrections ages the likelihood of criminal activity advocates adoption of restorative justice drops dramatically. principles and has established a department So, does incapacitation work? If it only unit that supports implementation of means getting one criminal off the street for restorative justice concepts throughout the a specific length of time, then, yes, it state. This statewide effort involves all works. But is that the best course for aspects of the community including society? Is it the best course for the schools, churches, courts, corrections and individual? Is it the best course for the law enforcement agencies, and citizens." families of the offender? And is it really the Minnesota best course for the victim? Absolutely not! In a nutshell, this is how it works. A As is evident by the disparity among crime is an offense against the state. the states' correctional systems regarding Historically, a crime was an offense against their missions, is it any wonder that the an individual or a community. Today, the system struggles and fails? There is no state has usurped the community's and the cohesion or uniformity of mission. While individual's right to restitution and some propound to provide opportunities for reconciliation. Instead of an offender inmates to become law-abiding citizens, in making his wrongs up to those he has practice there is little, if any, systematic violated, he makes it up to the state by way approach to rehabilitation. Some states have of being locked up. How does this help no mission statement regarding their restore the victim and the community to a corrections policy so it's not surprising that place of wholeness? It simply does not. in those states, incapacitation is the only While some may question the need to goal for the offender. In fact, the term restore the neighborhood community one "corrections" is a misnomer since there is must remember that the community is a little effort on the part of the state to correct microcosm of the global community. Where the behavior, or the problems leading to there is fear and distrust, where there are criminal behavior. How then can any state separation and segregation, there can be no system expect to lower recidivism and peace. There may not be a next victim for a promote long-term public safety (which is while, but the injured party is left "unwhole." The community is left violated.

58 Osprey Journal of Ideas and Inquiry Although many victims are awarded the restorative justice principles in all restitution, few ever receive it. Logically, correctional institutions, there are a few how is an inmate going to pay restitution if communities whose local governments he is locked up for years? If you ask a have adopted restorative programs and victim of crime if financial restitution is there are many corrections departments that what they want, most will tell you that have integrated a few of the programs if not financial restitution is only part of the converting to full program operations. picture. Most victims want to know The focus is on "making things right" "why?". Why them? Why did the guy do it? as opposed to a focus on punishment. The And a great many want to know if this principles are simple: Crime results in person is worth "saving." 3 injuries to victims, communities and There is no argument that there must offenders; therefore, the criminal justice be consequences for violating the laws of process must repair those injuries. Not only society and the laws of man. The problem government, but also victims, offenders, is that the way we do it hurts more people and the communities should be actively than it helps. The whole focus of our involved in the criminal justice process at current system segregates every faction and the earliest point and to the maximum does little to reestablish a whole and extent possible. In promoting justice, the cohesive unit, the community. It also does government is responsible for preserving irreparable harm to families, the core of our order, and the community is responsible for society. With a damaged family and a establishing peace. damaged community, the cycle continues. There is monumental data showing the There are ten commandments that have disintegrating and fractioned family as one been adopted by the restorative justice of the major contributors to the ills of movement. Very simply: society, including drug addiction, poverty, and crime. Taking an individual off the I. You will focus on the harm of crime street and locking him up for years is rather than the rules that have been broken, certainly not conducive to building the family unit, contributing to the financial II. You will be equally concerned about welfare of the family, or making him a law victims and offenders, involving both in the abiding, contributing member of society. process of justice, What then is a reasonable and effective course of corrections? How do we really III. You will work toward the restoration of help offenders become law-abiding victims, empowering them and responding citizens? What course of action will to their needs as they see them, reconcile the victim and the offender? What programs incorporate all parties in a IV. You will support offenders while solution that benefits the victim, the encouraging them to understand, accept, community and the offender, and still holds and carry out their obligations, the offender accountable for his deeds? The restorative justice movement has v. You will recognize that while obligations been gaining interest and acceptance may be difficult for offenders, they should internationally with such supporters as not be intended as pain, Bishop Desmond Tutu. Restorative justice is based on Biblical principles of restitution VI. You will provide opportunities for and restoration that involves everyone; the dialogue, direct or indirect, between victim victim, the community and the offender. and offender as appropriate, There are a few states that have embraced

Osprey Journal of Ideas and Inquiry 59 VII. You will fmd meaningful ways to or in the case of female offenders, involve the community and to respond to daughters, sisters, wives or mothers. The the community bases of crime, current sentiment of "lock 'em up and throwaway the key" is one of complete VIII. You will encourage collaboration and depersonalization. I ask you, if it were your reintegration rather than coercion and loved one, would you have the same isolation, philosophy? I believe not. In this era of insulation and isolation, with our IX. You will be mindful of the unintended associations limited predominately to work consequences of your actions and and the Internet, it is easy to dismiss and programs, discard those we do not know who have broken the rules. We are taught from an X. You will show respect to all parties early age not to trust those we do not know, victims, offenders, justice colleagues. to view them with suspicion. We have a fear of strangers and when a stranger In the states that have adopted violates the law it simply reinforces our restorative justice programs, recidivism belief. If that stranger is locked up, then we rates have dropped considerably.' Victims are safer. report a greater satisfaction with the What is imperative for us to remember, criminal justice system, citing a feeling of and more so in this global atmosphere, is importance and value. Offenders are given that we are not individuals alone. We are an opportunity to be pro-active in the members of an ever-widening community, resolution of the offense and consequences. the community of our families, the They are provided with appropriate mental neighborhoods in which we dwell, the cities health or drug and alcohol therapy, if we inhabit, the states and countries we call needed. They can continue, in most cases, our own and on the grandest scale, the to work and support their families while worldwide community at large. Granted, making restitution to the victim and our immediate concerns are largely local community, both financially and with and within our own state, but even with that community service. When incarceration is limited approach we must realize that the required by statute, they are provided choices we make in the treatment of all our programs to develop vocational and members, including those who have broken educational skills, often working in a trust and offended individuals and the prison industry thereby developing or community, have dynamic implications. maintaining self-esteem. That being the case, how do we best What has happened to us as a society is look after our own interests in the area of that we have forgotten that the offender is a corrections? In order to have a safer, more human being, capable of change when it is secure environment in which to live, we self-initiated and worthy of basic respect must, first of all, address the problems that and dignity as a human being. Most citizens contribute to the development of crime. of the United States do not know or do not "An ounce of prevention is worth a pound have personal contact with someone who is of cure." Prisons have been called the best or has been incarcerated. That seems "crime schools." One of the reasons that destined to change. According to the juveniles are now housed separately is to Criminal Justice Index 1999, we now have prevent the advancement of their one out of every 150 individuals in prison. criminality. Incarceration only exposes Our public perception is that all offenders offenders to more crime and criminal are deranged, violent, "lowlife scum" (the practices. Very simply, they learn to words of a juror). They are not seen as become more criminal. As parents, why do sons, brothers, husbands, fathers or friends, we monitor and restrict the associations of

60 Osprey Journal of Ideas and Inquiry our children? To protect them from of VORP being used in serious or violent negative influences, to ensure that the crimes. One such program is Victim influences in their lives mirror our own Offender MediationlDialogue Program in values and to provide them with a positive the Texas Department of Criminal Justice. track to pursue. Why then would we put The program has been operating for six someone we know is going to return to our years and is recognized as the first its kind. community at some point in a direct daily, As of April 2000, there have been 15 face concentrated, almost exclusive contact with to-face violent crime mediations, ten of those who can influence them more which have been between murderers and negatively? It makes no sense. What their victim's families. Officials from offenders need in order to become law Japan, four European countries and several abiding citizens is to develop respect for other U.S. states have studied the program. others, the community and themselves; the The program is strictly voluntary between skills and experiences that contribute to that the offenders and the families. Although development; logical consequences for their some victims' advocates question their actions (accountability); and the continued effectiveness in the emotional healing of contact and support of friends and family. those harmed, David Doerfler, who heads This is best done in a non-prison the program, insists that all the victims who setting, in the community where he or she have participated on them have benefited has offended, with the victim who has been from them. harmed receiving the restitution and if willing, involved in the process. The first From participants: step in rehabilitation and restoration is to have an awareness ofthe harm that one's "I decided the only way 1 could get actions have caused. Most offenders anything out of him was to treat him like a depersonalize the victim. If it's a burglary, human being ... You diffuse some of the they break into a house, not someone's anger by being able to say, 'This is what home. If they steal a car, they're taking you did ... how could you do it?' ...There wheels, not someone's ability to get to will never be a time 1 forgive him, but work. If they graffiti a building, they're when you work through these things, you leaving their signature, not depriving see so much ..." someone of income because the public is discouraged from entering his place of "I was able to see beyond his faults and see business. It is almost exclusively about his needs," her own abusive past enabling money, with no understanding of the human her to understand. "I used to hate dynamic. It is mostly about money to [Charles], but if you want to heal, you support a drug habit, which 1 will discuss can't stay in the same place ... forgiving later. They are products of our age. is letting go of anger and moving forward One of the most successful programs to something productive." used today in the restorative justice milieu is Victim Offender Reconciliation Programs (From the offender) "At one time 1 really (VORP). Offenders and victims meet with a didn't think of the pain 1 caused [her], but mediator to discuss the effects of the crimes now 1 know it - 1 feel it every day. It's a on their lives, express their concerns and scar you can't cover up." His disciplinary feelings and work out a restitution actions have dropped from 148 in the first agreement. Often the restitution agreement 12 years of his incarceration to only two is secondary to the emotional healing and since June of 1998. "I always see her face satisfaction for the victim and growth for telling me to do what they [correctional the offender. Used mostly in nonviolent officers] tell me to do." crimes, there are more and more instances

Osprey Journal of Ideas and Inquiry 61 One mother, whose 17 year-old daughter restitution to the victim than to repair had been murdered, said that she has not damage to his property or to the community forgiven the murderer, but she has learned by helping to provide for others? that "he is a human being and not the Some of the most highly recognized monster" she thought he was before their and successful programs nationally are mediation. After viewing the photos that Drug Courts. Substance abusers are held she brought to the mediation it made him accountable for their behavior and, at the realize for the fIrst time the impact of his same time, required to participate in a very crimes. "It was like a door opening, letting structured program of counseling, therapy, everything I had covered up and refused to education, job training, and work. In most look at ... come up." He says prison life Drug Court programs, family, friends, can't make offenders fully accountable for employers and community members act as their crimes the way the mediation did for monitors, mentors, and support. him. He could no longer fool himself, make The effectiveness of both Drug Courts excuses or downplay his actions after he and inmate drug treatment has been borne met face to face with the mother of the out in many studies. A study by the Federal woman he murdered. Bureau of Prisons (FBOP) in 1997 found In the Texas program, more than 400 that those treated while incarcerated were victims and 85 offenders have shown an 73% less likely to be re-arrested during the interest in mediation, but since it is strictly first six months after release than untreated voluntary on both parts, they can take place inmates and were 44% less likely to be only if both parties are willing. Importantly, detected for drug use during that time. 6 it should be noted that no special Columbia University's Center on Addiction considerations as far as sentencing, and Substance Abuse found that 80% of probation or parole benefIts are offered to inmates were either high on drugs or the offender and they must admit their guilt alcohol when arrested, stole property to buy and take responsibility for the crimes in drugs, or have a history of drug or alcohol order to participate. Whether they are abuse. 7 Although you cannot be arrested for released in the future or not, the acceptance being an addict, you can and mostly likely of responsibility and the awareness of the will be arrested and incarcerated for impact of their crimes is an important step behavior associated with addiction. Since in the restoration process. addiction is a disease, punishing the Another successful program is behavior someone exhibits because they are Restorative Community Service. This sick instead of treating him or her is akin to program is usually run by the sheriff's punishing someone whom is erratic and office or probation department and make explosive because they have a brain tumor. the service both "viable and visible." The Addiction is treatable; oftentimes a brain focus is on building offender competency tumor is not. (and thereby building self-esteem) through There is an old saying to which most acquisition of job and life skills while people ascribe that says, "An idle mind is earning money for restitution to victims. In the devil's workshop." Locking someone up Deschutes County, Oregon, the Community and then giving him or her nothing Justice Coordinator places both juvenile benefIcial to keep his or her mind busy is and adult probationers with mentors that simply asking for trouble. Locking teach them house-building skills. Part of someone up and keeping them inactive is their community service is served with the the same. How are inmates to be nonprofIt Habitat for Humanity or rehabilitated and made law-abiding citizens benefIting the victim directly, if requested if they are idle and left to simply "do their (such as a work project on the victim's time"? Only a small percentage of prisoners home or business). How better to make are involved in work of any kind, much less

62 Osprey Journal of Ideas and Inquiry work that is productive and translatable to away the jobs of decent, law-abiding the labor-force on the outside. While they citizens. That is exactly the theory that are incarcerated, the state should make use Zygmunt Bauman holds as to the global of those who have skills such as carpentry, fascination with incapacitation, of which welding, sheet metal working, painting, the U.S. is the undisputed leader. It is a way culinary, etc. If the state employed these to maintain immobilization, which people in state jobs instead of contracting eliminates an unwanted segment of lower with civilians it would save the state echelon workers and maintains economic literally millions of dollars, put the controP It is interesting to note that when prisoners to work in real jobs while earning unemployment rates are figured the 2 the money needed to take care of their million people that are incarcerated are not families (which would relieve some of the included in those statistics. So, just how welfare burden of the state). It would also healthy is our economy and what will enable them to pay restitution to their happen to those rates in the next ten to victims, subsidize their own care, and twenty years as prisoners are released into hopefully, build a re-entry account they the community? The jobs that would be would receive on release.8 According to the most affected are the lower paying, labor Urban Institute, a Washington, D.C., think and service industry jobs, not the white tank, 90% of those incarcerated will at collar jobs or those requiring advanced some time be released. Over the next technical skills. several decades, we are talking about One argument that continually emerges millions of people who never acquired job is that restorative justice is soft on crime. skills (or lost them in prison) or education While the rehabilitation model has many of to a degree necessary to function in the the basic components of the reconciliation labor market. In addition, they will meet model, there is one major flaw. To quote the suspicion of potential employers and Joe Loconte: the communities to which they return, which is guaranteed to cause localized and "Herein lies perhaps the most heinous massive economic problems. omission of the liberal-minded prison You may argue that it is not safe to programs: they fail to confront the offender have that many prisoners integrated into with the wrongness of his actions and force our communities. The truth of the matter is him to assume responsibility for making that most people who are imprisoned are amends. Government funds a litany of not imprisoned for violent crime. And the courses in self-esteem, behavior majority of those who are imprisoned for management, and therapy in our prisons. violent crimes were under the influence of What is missing in most of them is the their addictions when they committed the moral dynamic. Without it, criminals crime. If drug or alcohol treatment is a continue to focus on themselves, not their prerequisite to entering a bona fide work victims." program, then it's a win-win for the offender and for society. Obviously, we Although I am a proponent of would not release anyone into the rehabilitation as a minimum effort within community that is still violent, still our correctional system I must agree with indulging in drugs and alcohol (yes, they Jeff Kimmel, the chief of staff at Justice are very available behind the walls), who Fellowship and Howard Zehr, author of has not gone through counseling and skills Changing Lenses. The rehabilitation model development, and monitoring, either falls short because it allows the offenders electronic or visual, would be a to distance themselves from the victims requirement. and avoid responsibility by rationalizing Another argument is that it would take their behavior and attributing it to their

Osprey Journal of Ideas and Inquiry 63 own past victimization or discrimination. Footnotes: In other words, it's not their fault. "Owning" your behavior is the first step to (U.S. Bureau of Justice Statistics, USA changing your behavior. Today, April 13, 1998.) There is no argument that there are

some offenders who should and will be I. While this has been the conclusion of locked away for a very long time. Some most research data in this field, I'm are dangerous. Some are unremorseful. specifically referring to the information Some have no inclination or desire to live provided in an article by Joseph A. Califano any but the criminal life. But the vast Jr., A Punishment-Only Prison Policy. Mr. majority of offenders do not want to repeat Califano is the founder and president of the their behavior, especially once they face National Center on Addiction and the moral aspect of their decisions and Substance Abuse located at Columbia action. The impact on the crime rate and University in New York City. Additionally, on our lives can be monumental when he was Secretary of Health, Education and offenders are held responsible to the real Welfare from 1977 to 1979. victims - the individuals and communities, not the state. They must be required to and 2. Robert Martinson summarized the dismal given the opportunity to make restitution to rating give to the rehabilitation model in their victims, as well as provided with what is considered his classic review of the support and with the opportunity to acquire methodologically acceptable studies done the skills necessary to function within between 1945 and 1967. Those studies society. Finally, they must be restored to measured results in terms of recidivism. His the community instead of being ostracized assessment has been rebutted by Canadians and excluded, Gendreau and Ross (1979; 1987) as well as Our overall correctional policy has by meta-analytic reviews showing that failed miserably and to continue to "throw treatment, when administered thoroughly good money after bad", so to speak, is and properly, can work (Andrews and insane. The first step in making the change Bonta 1998; Andrews, Zinger, Hoge, Bonta, is to educate the public to the truth Gendreau, and Cullen 1990). regarding the state of corrections because without knowledge, John Q. will still 3. Victims report having piece of mind after subscribe to the political blast and remain a confronting the offender. Psychological victim of his fear and ignorance. That must studies have shown that the emotional be done the same way that restorative damage felt by a victim often outweighs the justice operates, within the community. We physical or material damage. Sometimes live in an age of sound bites. Most people knowing (even if what one knows is worse get the news of the world in half an hour at that what one thought) is better than not 6:00 PM. This issue is too complex to knowing. reduce to minutiae. We need dialogue, interaction and involvement. We must put a 4. Genessee County, New York has been face on the problem, the face of our practicing restorative justice for 20 years. neighbor or loved one. Although there has been a slight growth in population since 1980, felony offenses have dropped by 14 percent. The results of their Felony Diversion program seem to be working: for felony offenders, the recidivism rate is less than half that for criminals sentenced to prison or probation.

64 Osprey Journal of Ideas and Inquiry 5 "New Research Reveals Federal Inmate References Drug Treatment Programs Reduce Recidivism and Future Arrest." Bureau of Bauman, Zygmunt. (1998). "Global Prisons, Office of Public Affairs, February Laws and Local Orders." Globalization: 9,1998. The Human Consequences. New York: http:www.bop.gov/ipapg/ipatriad.html Columbia.

6. "Behind Bars: Substance Abuse and Berns, Walter. (1991). "The America's Prisons." Center on Addiction Morality of Anger." Contemporary Moral and Substance Abuse At Columbia Issues. Upper Saddle River, NJ: Prentice University: 1998 Hall.

Bonta, James. (1999). "Corrections

7 The Departments of Corrections for research in Canada: Impressive progress Pennsylvania, Ohio, and Mississippi utilize and promising prospects." Canadian this option more widely than some, Journal of although most use inmate labor to some Criminology, v41, 2, 235(1). degree. Burton-Rose, Daniel. (Ed.) (1998).

8. Bauman, Zygmunt. "Local Laws, Local The Ceiling of America. Monroe, ME: Order." Globalization: The Human Common Courage Press. Consequences. New York, Columbia: 1998. Butts, Mike. (2000, April 2). "Facing the Killer." The Dallas Morning News. Acknowledgements Califano, Joseph A. (1998). "A I would like to express my gratitude to Punishment-Only Prison Policy." America, Dr. Andrew Buchwalter, Chair of the February 21, 1998. Philosophy Department, College of Arts and Sciences, University of North Florida, Chaneles, Sol. (1973). The Open who acted as my faculty sponsor for this Prison. New York: The Dial Press. project. His guidance was imminently helpful. Dagger, Richard. (1993). "Playing I would also like to thank Dr. Mary Fair With Punishment." Contemporary Borg, Director of the Undergraduate Moral Issues. Upper Saddle River, NJ: Enrichment Program, University of North Prentice Hall. Florida, for her encouragement and support during this project. Enright, Robert D. & Joanna North. Special thanks to Joyce Due, Dr. (Ed.) (1998). Exploring Forgiveness. Borg's administrative assistant, for her Madison, Wisconsin: The University of immeasurable contribution to our success in Wisconsin Press. the research program. She did what we all could not do. Hinman, Lawrence M. (1996) "Justifications of Punishment." Contemporary Moral Issues. Upper Saddle River, NJ: Prentice Hall.

Osprey Journal of Ideas and Inquiry 65 Johnson, Robert. (1996). Hard Richardson, Greg D. (1997). Time: Understanding and Reforming the "Restorative justice: framework for the Prison. (2nd edition). Belmont, CA: future of corrections." Corrections Today, Wadsworth Publishing Company. v59, n7, p20(1).

Levrant, Sharon. (1999). Samber, Sharon. (1998) "New "Reconsidering Restorative Justice: The Study Calls for More Substance Abuse Corruption of Benevolence Revisited?" Treatment for Prisoners." The NCADI Crime and Delinquency, v45, 1,3(1). Reporter. January 8, 1998.

Varnam, Steve. (1993). "Our Loconte, Joe. (1998). "Making prisons are a crime. (Reforming the prison criminals pay: a New York county's bold system) [Editorial]" Christianity Today, experiment in biblical justice." Policy June 21 1993, v37, n7, pI6(1). Review, Heritage Foundation, Jan-Feb 1998, Zehr, Howard. "Restoring justice: n87, p26(6). envisioning a justice process focused on healing - not punishment." The Other Side; Mathiesen, Thomas. (1990) Prison On Sep-Dec 1997, v33, n5, p22(6). Trial. London: SAGE Publications Ltd. "Restorative Justice." (1999, February Northey, Wayne. "Harsher 15). Columbia Journalism Review, 14. Punishment for Crime is Not the Answer." Mennonite Central Committee. Sept. 21, "Maintaining Family Contact When 1999.http:lLwww.mcc.org/misc/harsherounis a Family Member Goes to Prison." (1998, hment.html. November). Florida House of Representatives, Justice Council, Prejean, Helen. (1988). Crime Committee Victims and the Anvil of Pain. on Corrections Contemporary Moral Issues. Upper Saddle River, NJ: Prentice Hall. "New Research Reveals Federal Inmate Drug Treatment Programs Reduce Price, Marty. "Can Mediation Produce Recidivism And Future Drug Use." (1998, Justice?"Julyl,2000. February 9). Bureau of Prisons, Office of http:lLwww.cerj.org/docs/vom.html. Public Affairs.

Reiman, Jeffrey. (1996) ... And the "Recidivism Rates of Inmates Poor Get Prison. Needham Heights, MA: Released from Florida Prisons." (1998) Allyn & Bacon, A Simon & Schuster Florida Department of Corrections. Company. http:lL.dc.state.fl.us/pub/recidivism/index. htm!. Reiman, Jeffrey. (1985). "Justice, Civilization, and the Death Penalty." Contemporary Moral Issues. Upper Saddle River, NJ: Prentice Hall.

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