Crossing the divide

& Peacebuilding, Restorative Justice.

In a recent blog entry, a conservative blogger in the United Kingdom calls for more attention to restorative justice.

Citing a speech by conservative MP Alan Duncan, the blogger suggests that restorative justice may be more than a way to reduce the revolving door or “carousel” of prison; indeed, it could have substantial benefits for both victims and offenders.  The blogger concludes that “It makes intuitive sense that many victims would benefit from Restorative Justice, but Duncan is making the interesting and important observation that offenders can also benefit.”

In his speech, MP Duncan embraced the idea that facing the victim has the potential to help the offender realize the impact of his or her offending:  “The hardened ex-offender who for the first time looks his elderly victim in the eye and sees her distress often finds it a challenge to remain hardened for long.”  “It’s very simple,” says Duncan:  “if I become the Prisons Minister, I will be a strong advocate and supporter of RJ.”

Duncan does not call for more punishment, more prisons.  In fact, he argues that “…the idea that on its own ‘prison works’ is unsophisticated and simplistic….  I want busy prisons, and I want a much more streamlined system to harness all efforts to assist the offender community.  RJ works – when it comes to victims, offenders, the community, and reducing reoffending, it works.”

It has often been my experience that restorative justice can span the conservative-liberal divide.  Concerns for victims and for reducing the costs of imprisonment are often common to both.  The concept of offenders facing up to what they have done makes intuitive sense to many.  Values such as responsibility, respect and relationship are often shared along the spectrum.  What we mean by these values and ideas, however, and what motivates us to embrace them, are crucial issues.

The lessons to be gleaned from the movement against indeterminate sentencing in the U.S. are instructive.  Eventually both progressives and conservatives came together to replace indeterminate sentences with determinate sentences motivated by a just deserts philosophy.  The resulting lengthened mandatory sentences dramatically increased the prison population.   While there was some confluence of policy positions, the underlying values and motivations of the various parties were quite different.  The results have been in many ways catastrophic.

Can a similar outcome be avoided with the restorative justice movement?  I don’t know the answer, but I do think the likelihood of such unintended consequences might be reduced if restorative justice can encourage a dialogue about our needs, obligations, values and goals.

One way to pursue this discussion might be by sharing our stories with one another. Rather than sharing our positions and beliefs, we might share the stories that have shaped our lives and thinking.  Stories can be a powerful way to understand and connect with one another that moves us beyond the assumptions that we often make about the other.

A friend of mine has been participating in a long-running dialogue in which those in favor and those opposed to abortion share their stories with one another.  Through this process, participants have found understanding and ongoing relationships across this great divide.

Similarly, a group of biblical scholars found understanding and formed relationships in spite of their theological differences by sharing with one another the stories that shaped their understanding of the Bible.  (See Ray Gingerich and Earl Zimmerman, Telling Our Stories:  Personal Accounts of Engagement with Scripture.)

Dialogue is essential and sharing stories is one important way to dialogue.

Stories make sense of our lives.  Stories communicate who we are and what made us.  In her opening chapter entitled “Stories Matter” (Telling True Stories by Mark Kramer & Wendy Call), Jacqui Banaszynski puts it like this:  “Stories are our prayers…. Stories are parables…. Stores are history…. Stories are music…. Stories are our soul….”

7 Responses to “Crossing the divide”

  1. Charito Calvachi-Mateyko

    Dear Howard:

    Yes, “stories are our soul.” I just have the opportunity to hear the stories of Latino students at the local High School. One student was the most disruptive at the beginning of the class and at the Circle couldn’t come with any story … until he did. He told the most poignant stories of his life –changing the environment of the Circle to a profound one. Law makers, prison commissioners, wardens, people affected by a crime and people incarcerated along with family members should have a moment in a Circle to tell their stories. Statistics and deficits should not shape the system that addresses harm in our society, but the stories of their lives.
    Charito

  2. Dee Ann Newell

    Dear Howard,

    During this season, the value of restorative justice becomes even more relevant and brings needed hope during a time when most feel hopeless. I wish that every municipality would have a restorative justice community serving our victims, our offenders, our child welfare agencies, our schools and our families. What a wonderful world it would be when we use the best of ourselves to address our harm to one another. I have served prisoners, their children and their families for 20 years now, and there are amazing transformative capacities in each individual. The truest example I have found is when women give birth to their infants in prison, are separated from them, yet with visitations, an authentic bond develops that survives the often long years of separation. What a human spirit we have been given. We can celebrate this gift all year long.

  3. Agnes Furey

    - do agree. My correspondence with the inmate in my daughter and grandson’s murder has been life changing for each of us. Florida has character and faith based institutions. The policy statement includes restorative justice in its goals, yet denies visits between victims and offenders.

  4. MARK TOBIN

    That “crossing the divide” has entered the RJ dialogue is at once encouraging and compelling.

    More and more evidence – anecdotal and empirical – show that restorative practices can have transformative benefits for victims, communities, and offenders while addressing the expensive costs to society, primarily recidivism.

    After all, if we don’t address the very real needs of victims, communities, and offenders, the only alternative is to continue to build prisons, which all too often is a model for perpetuating the cycle of crime rather than a model of rehabilitation.

    Making the delivery of justice more “meaningful” for all involved seems consistent with competing demands of costs facing governments and the benefits which could accrue to all stakeholders.

  5. Ulmert

    I couldn’t agree more – This post is very interesting. Made a great conversation with some friends today.