Transcript Restorative Justice: Justice that Heals”

“Restorative Justice:
Justice that Heals”
RODOLFO D. DIAMANTE
Executive Secretary
Catholic Bishops’ Conference of the PhilippinesEpiscopal Commission on Prison Pastoral Care
CBCP-ECPPC
Asia’s 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
- Graft
training of underpaid personnel
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
RESTORATIVE
An approach focused on
determining
A valued-based approach
focused on determining
what law was broken
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
RESTORATIVE
Crime - act against the State,
a violation of law
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
RESTORATIVE
Dependence on proxy
professionals
Direct involvement by
participants
Victims - peripheral to the
process
Victims- central to the process
Focus - establish blame,
guilt, on past.
Focus- problem solving,
obligations, future
Response- focused on
offender’s past behavior
Response- focused on
consequences of offender’s
behavior; emphasis on the
future
RELATIONSHIP
RETRIBUTIVE
RESTORATIVE
Emphasis on
adversarial
relationship
Emphasis on
dialogue and
negotiation
ACCOUNTABILITY
RETRIBUTIVE
RESTORATIVE
Crime- individual act with
individual responsibility
Crime - both individual and
social responsibility
Offender accountability taking punishment
Accountability - assuming
responsibility and taking
action to repair harm
Punishment is effective,
deters crime and changes
behavior
Punishment - not effective in
changing behavior, disruptive
to community harmony and
good relationships
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,
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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