Restorative Justice: Justice that Heals

RODOLFO D. DIAMANTE
Executive Secretary Catholic Bishops Conference of the PhilippinesEpiscopal Commission on Prison Pastoral Care CBCP-ECPPC Asias Representative International Commission of Catholic Prison Pastoral Care (ICCPPC) International Prison Chaplains Association (IPCA)

I.

Introductory Remarks CBCP-ECPPC Thrusts Plights of Offenders and Victims

II. What is Restorative Justice Comparison of 2 Paradigms Scriptural Basis

III. Restorative Justice Core Values

IV. Restorative Justice - Fundamental Principles

V.

The Way Restorative Justice Works

VI. Working Together for Restorative Justice VII. Conclusion

CBCP-ECPPC Current Major Thrusts

Promotion and Organization of Restorative Justice Advocates Advocacy of Enlightened Legislation

Linkages, Networking and Partnerships

Deepening Commitment and Understanding of Justice That Heals and Alternatives to Imprisonment

The Commission in 2000 in celebration of the Jubilee for Prisoners articulated a new vision for Prison Ministry -the Restorative Justice (Justice That Heals)

Plight of Prisoners
- Subhuman

living conditions- congested and dilapidated jails and prisons, inadequate daily food allowance, beds, toilets and other sanitary facilities. -Human rights violation- Corporal punishment and other acts of humiliation . -Slow judicial process and lopsided administration of justice.

- Lack

of rehabilitation program in penal institutions

- Failure

to attend to prisoners with special needs namely the mentally ill, the handicapped, young, the old and the sick
- Inadequate

training of underpaid personnel

- Graft

and Corruption

Plight of Victims
Have little say and participation Needs not attended too

Denied of power
Peripheral in the process Lack of closure

What is Restorative Justice Restorative justice - a philosophy that embraces a wide range of human emotions - healing, mediation, compassion, forgiveness, mercy and reconciliation

Restorative Justice - process whereby those affected by criminal behavior , victims, offenders, the families involved or the community have a part in resolving the issues which flow from the offending.

COMPARISON OF 2 PARADIGMS
RETRIBUTIVE
An approach focused on determining what law was broken

RESTORATIVE
A valued-based approach focused on determining harm resulting from crime

who broke it

what needs to be done to repair the harm

How they should be punished

who is responsible for repairing the harm

STATE AND COMMUNITY

RETRIBUTIVE
Crime - act against the State, a violation of law

RESTORATIVE
Crime - act against another person and the community

Control - lies in the criminal justice system

Control - lies in the community

Community- sideline, represented by the State

Community- facilitator in the restorative process

OFFENDER AND VICTIM RETRIBUTIVE

Dependence on proxy professionals
Victims - peripheral to the process Focus - establish blame, guilt, on past.

RESTORATIVE
Direct involvement by participants
Victims- central to the process Focus- problem solving, obligations, future

Response- focused on offenders past behavior

Response- focused on consequences of offenders behavior; emphasis on the future

RELATIONSHIP RETRIBUTIVE
RESTORATIVE

Emphasis on adversarial relationship

Emphasis on dialogue and negotiation

ACCOUNTABILITY
RETRIBUTIVE
Crime- individual act with individual responsibility Offender accountability taking punishment

RESTORATIVE
Crime - both individual and social responsibility Accountability - assuming responsibility and taking action to repair harm Punishment - not effective in changing behavior, disruptive to community harmony and good relationships

Punishment is effective, deters crime and changes behavior

Scriptural Basis
The concept of lex talionis, the law of proportionalityIf property worth 100 gold coins is stolen, then you cannot claim 200 coins in return. . The emphasis in Scripture was on restitution and restoration, not vengeance and punishment.

Justice should be based on principles of forgiveness and reconciliation

Jesus specifically rejects 'an eye for an eye' . 'If anyone hits you on the right cheek, offer him the other one as well

Jesus called on followers to love their neighbors and enemies too.

Jesus called for unlimited love and said our forgiveness should be beyond calculation.

Core Values
Retributive justice is focused on the offender. Laws and punishment are the core values.

Restorative Justice is focused on the offender, victim, and community. Values are: offender- apology or shaming and reintegration victim- opportunity for forgiveness community- relationships.

Restorative Programs Key Values

1. ENCOUNTER : Create opportunities for victims, offenders and community members who want to do so to meet to discuss the crime and its aftermath. 2. AMENDS: Expect offenders to take steps to repair the harm they have caused.

3. REINTEGRATION: Seek to restore victims and offenders as whole, contributing members of society.

4. INCLUSION: Provide opportunities for parties with a stake in a specific crime to participate in its resolution.

Restorative Justice - Fundamental Principles

1. Justice requires that we work to restore those who have been injured: victims, communities and offenders.
2.

Those most directly involved and affected by crime should have the opportunity to participate fully in the response if they wish.

3. The government is responsible for preserving a just public order and the community establishes peace.

Way Restorative Justice Works

Restorative Justice Conference (RJC), chaired by a facilitator, to which victims and offenders and appropriate support people are invited
Offender - acknowledges responsibility for the crime committed and express honest regret.

Victim- examines feelings and take full advantage of any support network that will facilitate healing.

Community- creates the conditions for the restoration of both offender and victim..

RESTORATIVE JUSTICE PROGRAMS

Victim Offender Mediation Family or Community Group Conferencing

Peacekeeping or Sentencing Circles

Circle of Support

Working Together for Restorative Justice

UN Congress on Crime Prevention and Treatment of Offenders urged all its member nations to increase the use of restorative interventions in addressing the problem of criminality.

The CBCP-ECPPC, the Philippine Action for Youth offenders , the Integrated Correctional Association of the Philippines and the Coalition Against Death Penalty are working together to:

disseminate information about restorative justice

develop and promote agreed standards and principles for evaluating and guiding restorative justice programs

encourage more research on restorative justice programs and their effectiveness

Seek alternatives to imprisonment or non-custodial treatment of persons deprived of their liberties

Conclusion
A system that gives a better deal to victims, that promotes apology, healing, understanding, accountability, personal and collective responsibility, forgiveness and even reconciliation.

A system that practice compassion and mercy in dealings with one another.

A system that uses imprisonment as a final resort.

Restorative justice provides of these to happen. The current criminal justice system does not.

References:
1. Consedine, Jim , Restorative Justice: A Gospel Response to Crime,

Pagkalinga-25 Years of Prison Pastoral Care,2000 2. Cavanagh, Tom, Adopting New Core Values for Justice: Exploring Restorative Values 3. Claassen,Ron, Restorative Justice-Fundamental Principles,1995 4. Van Ness, Daniel and Strong, Karen Heethderks, Restoring Justice, 1997 5. Zehr, Howard, Changing Lenses, 1990 6. Hadley, Michael, The Spiritual Roots of Restorative Justice, 2001 7. McHugh, Gerald Austin, Christian Faith and Criminal Justice, 1978