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 Mass Incarceration vs. Restorative Justice What is Restorative Justice?
Karen Clifton Executive 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 within our Criminal Justice System 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-centered approach to justice which views crime as a violation of people and relationships, rather than simply a violation of law.
Restorative Justice focuses on the victims needs and the offenders responsibility to repair harm and foster healing.
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 those who trespass against us the Lords Prayer recognizes our failures and offenses, and acknowledges our dependence on Gods 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 ENCOUNTER 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 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 SantEgidio, 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. Gods punishment of Cain is exile, not vengeance. Pope John Paul II meets with Mehmet Ali Aca
Mercy is the Lords 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 Costanza Executive Director of the Office of Justice and Peace
Re-Entry 72 Hour Experiential Exercise 24 Hrs
Dropped Off at Bus Station 48 Hrs No ID No SS Card 72 Hrs Drug Dealer Waiting No cell phone 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 1 in 3 Black Men 1 in 6 Hispanic 1 in 18 Black Women 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. Benton Executive Director for the National Catholic Partnership on Disability Alarming Statistics Victims of Crime and Abuse o 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 Citys Rikers 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 o Problem 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 community o 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 Costanza Executive 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 Christ Dialogue 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 Survivors More likely to experience healing More likely to get restitution
Offenders Lower rates of re-offenses and if they do it is a less serious offense
Community Reduced trials Victim Offender Dialogues cost about 350 Catholic Parish and Community Based Approaches Mentoring of Children whose parents are incarcerated Parish Outreach My Brothers Keeper Crescent City Keepers 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 Transform ative Justice Family Re- Unification Amer- Corp Re-Entry 72 VISTA Mentoring of Children Systemic Change SVDP Encounter 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
PLJ Volume 52 Number 1 - 03 - Abelardo B. Albis, JR., Eleandro F. Madrona, Alice P. Marino, Leonides S. Respicio - A Study On The Effectivity of The Philippine Prison System