Mass Incarceration vs. Restorative Justice

Moderator:

Christina (Tina) Bates Baldera, M.A.Ed.Training Manager, Social Ministry, Mission & Ministry, Catholic Charities USA 

Presenters:

Karen Clifton, Executive Director of the Catholic Mobilizing Network

Tom Costanza, Executive Director of the Office of Justice and Peace

Janice Benton, Executive Director of the National Catholic Partnership on Disability

Justin Reilly, Director for the Office of Social Ministries at the Catholic Diocese of Richmond

October 7, 2014—Catholic Charities Annual Gathering

Mass Incarceration vs. Mass Incarceration vs. Restorative JusticeRestorative Justice

What is Restorative Justice?What is Restorative Justice?

Karen CliftonExecutive Director of the Catholic Mobilizing Network

•Restorative Justice in use...

•College settings•Elementary, Middle and High Schools•Family group conferencing •Community mediation •Capital and non-capital cases•Victim-offender mediation•Circles… Restorative, Support and Accountability, Sentencing

Restorative Justice Restorative Justice within our within our

Criminal Justice SystemCriminal Justice System

Restorative Justice attempts to Restorative Justice attempts to repair the harm caused when a crime is committed. Focuses first on the victim, then on the community, rather than the offender first (retributive model)

It is a community-centeredcommunity-centered approach to justicejustice which views crime as a violation of peoplepeople and relationshipsrelationships, rather than simply a violation of lawlaw.

Restorative Justice focuses on the victim’s needs victim’s needs and the offender’s responsibility offender’s responsibility to repairrepair harm and foster healinghealing.

Retributive Justice and Restorative Justice views:

Retributive Justice• Crime is a violation of the law and the state• Violations create guilt• Justice requires the state to determine blame (guilt) and impose pain (punishment)

• Central focus: offenders getting what they "deserve"

Restorative Justice• Crime is a violation of people and relationships• Violations create obligations• Justice involves victims, community members, and offenders in an effort to put things right

• Central focus: victim needs and offender responsibility for repairing harm

Important to remember when teaching or sharing with others on this CP/DP/RJ:

[Restorative Justice] approaches are not “soft on crime” because they specifically call the offender to face victims and the communities. This experience offers victims a much greater sense of peace and accountability. Offenders who are willing to face the human consequences of their actions are more ready to accept responsibility, make reparations, and rebuild their lives.

-Responsibility, Rehabilitation, and Restoration: A Catholic Perspective on Crime and Criminal Justice (USCCB 2000)

A Catholic Perspective

“We believe that both victims and the offenders are children of God. Despite their very different claims on society, their lives and dignity should be respected. We seek justice, not vengeance. We believe punishment must have clear purposes: protecting society and rehabilitating those who violate the law.” –U.S. Bishops in Responsibility, Rehabilitation, and Restoration: A Catholic Perspective on Crime and Criminal Justice, USCCB: Washington, DC, 2000, p. 16.

John 8 – “Let anyone among you who is without sin the be the first to throw a stone at her.”

Matthew 18 –“Which of these three, do you think was a neighbor to the man...?’’ He said, “The one who showed him mercy.” Jesus said to him, “Go and do likewise.”

Every day Christians recognize both that we are guilty of sin and that we are forgiven: “Forgive us our trespasses as we forgive “Forgive us our trespasses as we forgive those who trespass against us” those who trespass against us” … the Lord’s Prayer recognizes our failures and offenses, and acknowledges our dependence on God’s love and mercy.

–U.S. Bishops in Responsibility, Rehabilitation, and Restoration: A Catholic Perspective on Crime and Criminal Justice, USCCB: Washington, DC, 2000, p. 15

Restorative Justice begins with ENCOUNTERENCOUNTER

Restorative Justice in Action

In Pursuit of Paradigm: A Theory of Restorative Justice, by Ted Wachtel, President, International Institute for Restorative Practices, & Paul McCold, Department of Sociology and Criminal Justice, Old Dominion University.

“Pastoral workers have the task of studying and recommending restorative justice restorative justice as a means and a process for promoting reconciliation, justice, and peace, and the return of victims and offenders to the community.” – Benedict XVI, Benin to Community of Sant’Egidio, November 19, 2011

Genesis 4: 1-15 – Cain kills Abel, yet God does not kill Cain. Rather, God sends him away with a mark so that others also would not kill him. God’s punishment of Cain is exile, not vengeance.

Pope John Paul II meets with Mehmet Ali Ağca

“Mercy is the Lord’s most powerful message. It is not easy to trust oneself to the mercy of God, because His mercy is an

unfathomable abyss – but we must do it!”

(First statement as Pope, 2013)

Challenges

Tom CostanzaExecutive Director of the Office of Justice and Peace

Re-Entry 72 Hour Experiential Exercise

Transformative Justice

Address Survivor

Returning Citizens

Community Restored

Scriptural Roots

• Restoration in the Gospel• Zacchaeus Climbed the tree

• Good Samaritan

• Prodigal Son

• Crucifixion and Resurrection

• Hebrews 13:3

Redemption

Pope Francis Redemptive Theology

• Punishment not sufficient according to Pope Francis • Mere instrument• Human life issue• Address victims

• Eucharist “Commits us to the Poor” #1397 CCC• Involvement of the victims is essential• Punishment must be redemptive• Reconciliation

Family Dynamics

• 52% unemployment with 50% returning from prison

• White women incarcerated more since cheaper

• Voter Disenfranchisement; 6 million cannot vote

• 1 in 4 African American children has at least one parent in prison by the age of 14

Entry

Family Dynamics

Cost Benefit

• 2.3 million incarcerated; more in jails than in military

• 58 billion in incarceration in state and federal prisons• $6,500 average tuition; $24,000 to incarcerate

• 50% recidivism

• Rise in private detention

Push Pull of Restorative Context

“Paid Debt” to Society ?????

Collateral Consequences

Community Context

• Return to poor communities• Ex offenders many times are prior victims• Political challenges;• Opposing Views

– Please Stop Helping Me; How Liberals Make It Harder for Blacks To Succeed

• Texas Right on Crime Cuts across political• Substance Abuse: The Low Down on Families Who Get

High• Recent Murder: “Garbage” “Animals

People with Disabilities within the Criminal Justice System

Janice L. BentonExecutive Director for the National Catholic Partnership on Disability

Alarming Statistics

Victims of Crime and Abuseo People with intellectual/developmental disabilities

(I/DD) have 4 to 10 time higher risk than those without disabilities [Sobsey, 1994]

o Children with any disability – 3.4 times more likely to be abused than those without disability [Sullivan & Knutson, 2000]

o People with disabilities experience nearly double the rate of violence [National Crime Victim Survey]

o People with ID have the highest risk of violent victimization [Harrell & Rand, 2010]

Alarming Statistics cont.

Mental Illness

[Department of Justice's Survey of Inmates in State and Federal Correctional Facilities (2004) and Survey of Inmates in Local Jails (2002)]

Alarming Statistics cont.

Alarming Statistics cont.

Mental Illness•5 – 10% of all death row inmates have a mental illness

[Mental Health America Position Statement #53, citing California Appellate Project]

•Five-year study established that men who were involved with the public mental health system were four times as likely to be jailed as men in the general population [Mental Health America Position Statement #52]

•On any given day, between 300,000 and 400,000 people with mental illnesses are incarcerated in jails and prisons across the United States, and more than 500,000 people with mental illnesses are under correctional control in the community [“Ending an American Tragedy: Addressing the Needs of Justice-Involved People with Mental Illnesses and Co-Occurring Disorders,” by the National Leadership Forum on Behavioral Health/Criminal Justice Services (September, 2009)]

Alarming Statistics cont.

Mental Illness, cont.The Los Angeles County Jail, Cook County Jail in Chicago and New York City’s Riker’s Island “each hold more people with mental illness on any given day than any hospital in the United States.”

The Los Angeles County Jail has for a number of years been declared to be the largest mental health facility in the country.

Alarming Statistics cont.

Intellectual Disabilities•4% – 10% of prison population, while only 2% to 3% of the general population [Davis, 2009]

Learning Disabilities•Estimated 28% to 43% of detained/ incarcerated youthful offenders have identified special education disability, with majority being learning disabilities [Mallett C, 2011]

Alarming Statistics cont.

Attention Deficit Hyperactivity Disorder (ADHD)•At least 25% of prisoners in the United States have ADHD

o The recidivism rate among all felons is high, and an estimated two thirds are rearrested within about 3 years [Eme R., Attention-deficit hyperactivity disorder and correctional health care. J Correctional Health Care. 2009;15:5-18.]

•ADHD - significant factor relating to both crime and punishment (condition increases the risk of committing a crime) [http://www.medscape.org/viewarticle/719862]

•Proper treatment may reduce the risk for criminal behavior and the rate of recidivism among afflicted criminals [http://www.medscape.org/viewarticle/719862]

Issues of Concern

During arrest process/incarceration:•Police officers, guards and other personnel lack training in working with people with mental illness or other disabilities•Competency determination varies from state to state and focuses on point of trial rather than point of crime• Atkins v. Virginia (2002) landmark Supreme Court

ruling – death row inmates with ID cannot be executed

oProblem – left it up to states to define intellectual disability (most require arbitrary IQ score of 70)

Issues of Concern cont.

During arrest process/incarceration:• Wide variance in state treatment of inmates with

mental illness (some consider medical, others focus on protection with little medical treatment)

•Access to medication – preferred drug list (PDL) often insufficient to treat condition• Families face many problems and need support –

transportation, income loss, stigma

Issues of Concern cont.

Preparing for Community Restoration (well in advance of release):• Medicaid and other benefits need restored

to individual before return to the communityo Need to reestablish all support services

• Families need help to prepare for transition • Need funding for comprehensive community

support services (mental health clinics, certified clubhouses, affordable/ accessible housing, job training)

• Partnerships are key to success – Catholic Charities, National Alliance on Mental Illness, Arc

Helpful Programs

• Prevention• Diocesan and parish jail, prison and detention ministries• Crisis Intervention Teams (CITs)• Mental Health Courts• Arc National Center on Criminal Justice and Disability

(NCCJD)• Jail diversion programs (Pre and post-arrest)• Community Support Residential Programs• Restorative Justice Projects

Models for Transformation

Tom CostanzaExecutive Director of the Office of Justice and Peace

Justin Reilly

Director, Office of Social Ministries for the Catholic Diocese of Richmond

“Go to the Margins”

Encounter

Union with

ChristDialogue

Encounter and Dialogue

– Servant Leadership and Transformation Through Service

– Genuine encounter and dialogue with the other; relate Rev. Leo reflection on Sisters of the Holy Family

– and first day at CCANO

Benefits of Restorative Justice

Victims or SurvivorsMore likely to experience healingMore likely to get restitution

OffendersLower rates of re-offenses and if they do it is a less serious offense

CommunityReduced trialsVictim Offender Dialogues cost about 350

Catholic Parish and Community Based Approaches

– Mentoring of Children whose parents are incarcerated

– Parish Outreach– My Brother’s Keeper

• Crescent City Keeper’s – 14-16 Year Old

– CRS Peacemaking Efforts– 30 x 2 x 3 Initiative– Myth Busters Department of Justice– Welcome Home Sunday

Victim Survivor Restoration

Family Justice Center

Victim Offender Dialogues

“Busting” the Prison Industrial Complex with Cornerstone Ministries

Servant Leadership Leads To Inner Transformation

Success Stories

Rev. Leo

Mark

Disaster Response;

Construction for Sisters of the Holy Family

USCCB Advocating for Restorative Justice

• Allocate resources away from building to programs

• 2nd Chance Act• Smarter Sentencing Act• S 6175 Recidivism Reduction Act• HR Youth Promise Act• Redeem Act : Expungment of youth non-

violent offenses

Source: The American Prospect

What can we do?Pre- Release

•Volunteer Visitors•Mentoring

Post-Release

•Mentoring•Direct Services

Public Awareness and

Advocacy!

Q & A