16MarApr05RestorativeJusticeRealJ

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Restorative

J u s t i c e,

Real Justice BY ERIKA BAI SIEBELS PORTRAITS BY HOWARD ZEHR

A COURTROOM a young man accused of robbery changes his plea to guilty.Another young man asks for undisclosed offenses to be taken into account and as a result gets a stiffer sentence.A drug-trafficker doing time in prison repents and seeks to rebuild his life. A woman forgives the drunken driver who left her childless and bedridden, and now teaches caregivers how to relate with compassion and patience to people who are disabled. A man partners with the grandfather of his son’s killer to launch a foundation that teaches nonviolence and peaceful problemsolving in schools. At the root of these surprising actions is a practice called restorative justice, a process in which victims and offenders meet to talk about the effects of crime, the harms it causes, and how to make things right. It is a process which allows offenders to put a face on their victims, take responsibility for their crimes, make restitution if possible, and become productive citizens if and when they are released (or emotionally healthy role models should their crime require them to remain incarcerated). It is a process which allows victims to participate in their healing by being heard by and coming to understand the person who caused their trauma, and to experience a new lease on life that comes with the ability to forgive. When a crime is committed, people are hurt—not only physically and emotionally, but spiritually, too, if they harbor unforgiveness and begin doubting humanity and the system that is supposed to bring justice. And crime affects more than just the victim and offender. Witnesses to the crime, arresting officers, prison guards, the families and friends both of the convicted person and the victim—all these will experience distress,even upheaval in their lives because of it.

So, when a person is convicted and locked up, has justice taken place? Do contemporary courts and prisons promote true justice? What is real justice? These are the difficult questions that practitioners of restorative justice are daring to articulate and explore. Restorative justice is an alternative way of considering and responding to crime. Essential to this is the offender’s act of taking responsibility and the victim’s act of learning to forgive. In South Africa’s prisons, where Joanna Flanders Thomas works with incarcerated men through the Centre for Hope and Transformation, this means encouraging perpetrators to tell the truth in court and restoring to them a sense of dignity by helping them take responsibility for their lives. It also means teaching them how to reconcile with God, their families, their victims, and their communities—whenever possible— and to learn to contribute to society. Most of all, it means the transformation of those in prison, empowering them to break the cycle of crime and violence and to become successfully reintegrated into society upon their release. While the current system of justice in the United States and other countries is based on retribution—punishing offenders for their crimes—restorative justice focuses on restoration. “The continuing punitive approach to crime has not worked,” says Thomas. She lists the many ways in which the system has failed to bring about true justice. Incarceration, she asserts, neither deters nor prevents crime, which continues to escalate. High recidivism rates are proof that prisoners are not being successfully rehabilitated. Homes, communities, and nations are no longer safe, as crime and corruption—even among police and correctional officers—grow. Restorative justice, on the other hand, works because it brings healing. Emmett Solomon, executive director of the

IN

PRISM 2005

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16MarApr05RestorativeJusticeRealJ by Evangelicals for Social Action - Prism Magazine - Issuu