CCUSA- Mass Incarceration vs. Restorative Justice

8/11/2019 CCUSA- Mass Incarceration vs. Restorative Justice

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Moderator:

Christina (Tina) Bates Baldera, M.A.Ed.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


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What is Restorative Justice?

Karen CliftonExecutive Director of the Catholic Mobilizing Network


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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


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Restorative Justicewithin our

Criminal Justice System


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Restorative Justice attempts to repair the harmcaused when a crime is committed. Focuses first on thevictim, then on the community, rather than the

offender first (retributive model)

It is a community-centered approach to justicewhichviews crime as a violation of peopleandrelationships, rather than simply a violation of law.

Restorative Justice focuses on the victims needsand the offenders responsibility to repairharmand foster healing.


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Retributive Justice and Restorative Justice views:

Retributive Justice

Crime is a violation of the law

and the state Violations create guilt Justice requires the statetodetermine blame(guilt) andimpose pain(punishment)

Central focus:offendersgetting what they "deserve"

Restorative Justice

Crime is a violation of people

and relationships Violations create obligations Justice involves victims,community members, andoffendersin an effort to put

things right

Central focus:victim needsand offender responsibility forrepairing harm


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Important to remember when teaching or sharing with others onthis CP/DP/RJ:

[Restorative Justice] approaches are not soft on crime becausethey specifically call the offender to face victims and thecommunities. This experience offers victims a much greater senseof peace and accountability. Offenders who are willing to face the

human consequences of their actions are more ready to acceptresponsibility, make reparations, and rebuild their lives.

-Responsibility, Rehabilitation, and Restoration: A Catholic Perspective on Crime and Criminal Justice (USCCB 2000)


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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 dignityshould be respected. We seek justice, not vengeance. We believe

punishment must have clear purposes: protecting society andrehabilitating those who violate the law. U.S. Bishops in Responsibility, Rehabilitation, andRestoration: A Catholic Perspective on Crime and Criminal Justice, USCCB: Washington, DC, 2000, p. 16.

John 8 Let anyone among you who is withoutsin the be the first to throw a stone at her.

Matthew 18 Which of these three, do you thinkwas a neighbor to the man...? He said, The one

who showed him mercy. Jesus said to him, Go

and do likewise.


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Every day Christians recognize both that weare 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, andacknowledges our dependence on Gods love

and mercy.

U.S. Bishops in Responsibility, Rehabilitation, and Restoration: A Catholic Perspective on Crime andCriminal Justice, USCCB: Washington, DC, 2000, p. 15


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Restorative

Justice beginswithENCOUNTER


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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.


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Pastoral workers have the task of studying andrecommending restorative justice as a means and aprocess 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 thatothers also would not kill him. Gods

punishment of Cain is exile, not

vengeance.

Pope John Paul II meets with Mehmet Ali Aca


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Mercy is the Lords most

powerful message. It is not easyto trust oneself to the mercy ofGod, because His mercy is an

unfathomable abyss but we must do it!

(First statement as Pope, 2013)


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Challenges

Tom CostanzaExecutive Director of the Office of Justice and Peace


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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


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Transformative Justice

AddressSurvivor

Returning

Citizens

CommunityRestored


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Scriptural Roots

Restoration in the Gospel Zacchaeus Climbed the tree

Good Samaritan

Prodigal Son

Crucifixion and Resurrection

Hebrews 13:3


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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


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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 oneparent in prison by the age of 14


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Entry


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Family Dynamics

1 in 3 Black Men 1 in 6 Hispanic

1 in 18 Black

Women


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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


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Push Pull of Restorative Context

Paid Debt toSociety ?????

CollateralConsequences


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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 GetHigh Recent Murder: Garbage Animals


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People with Disabilities within

the Criminal Justice System

Janice L. BentonExecutive Director for the National Catholic Partnership on Disability


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Alarming Statistics

Victims of Crime and Abuseo 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 beabused than those without disability [Sullivan & Knutson,2000]

o People with disabilities experience nearly double therate of violence [National Crime Victim Survey]

o People with ID have the highest risk of violentvictimization [Harrell & Rand, 2010]


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Alarming Statistics cont.

Mental Illness

[Department of Justice's Survey of Inmates in State and Federal CorrectionalFacilities (2004) and Survey of Inmates in Local Jails (2002)]


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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 bejailed as men in the general population [Mental Health America PositionStatement #52]

On any given day, between 300,000 and 400,000 people withmental illnesses are incarcerated in jails and prisons across theUnited States, and more than 500,000 people with mentalillnesses 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/CriminalJustice Services (September, 2009)]


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Mental Illness, cont.

The Los Angeles County Jail, Cook County Jail inChicago and New York Citys Rikers Island each

hold more people with mental illness on any givenday than any hospital in the United States.

The Los Angeles County Jail has for a number ofyears been declared to be the largest mental healthfacility in the country.


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Intellectual Disabilities

4% 10% of prison population, while only 2% to3% of the general population [Davis, 2009]

Learning Disabilities

Estimated 28% to 43% of detained/ incarceratedyouthful offenders have identified special

education disability, with majority being learningdisabilities [Mallett C, 2011]


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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 anestimated two thirds are rearrested within about 3 years[EmeR., Attention-deficit hyperactivity disorder and correctional health care. J Correctional HealthCare. 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 andthe rate of recidivism among afflicted criminals[http://www.medscape.org/viewarticle/719862]


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Issues of Concern

During arrest process/incarceration:

Police officers, guards and other personnel lacktraining 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 executedo Problem left it up to states to define intellectual

disability (most require arbitrary IQ score of 70)


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Issues of Concern cont.

During arrest process/incarceration:

Wide variance in state treatment of inmates withmental 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


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Issues of Concern cont.

Preparing for Community Restoration (well inadvance of release):

Medicaid and other benefits need restored to individualbefore return to the communityo Need to reestablish all support services

Families need help to prepare for transition

Need funding for comprehensive community supportservices (mental health clinics, certified clubhouses, affordable/ accessiblehousing, job training)

Partnerships are key to successCatholic Charities,National Alliance on Mental Illness, Arc


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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


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Models for Transformation

Tom CostanzaExecutive Director of the Office of Justice and Peace

Justin Reilly

Director, Office of Social Ministries for the Catholic Diocese of Richmond


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Go to the Margins

Encounter

Union

withChrist

Dialogue


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Encounter and Dialogue

Servant Leadership and TransformationThrough Service

Genuine encounter and dialogue with the other;relate Rev. Leo reflection on Sisters of the HolyFamily

and first day at CCANO


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Benefits of Restorative Justice

Victims or Survivors

More likely to experience healingMore likely to get restitution

Offenders

Lower rates of re-offenses and if they do it isa less serious offense

Community

Reduced trialsVictim Offender Dialogues cost about 350

C th li P i h d


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Catholic Parish and

Community Based Approaches

Mentoring of Children whose parents areincarcerated

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


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Victim Survivor Restoration

FamilyJustice

Center

Victim

OffenderDialogues

Busting the Prison Industrial Complex


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Busting the Prison Industrial Complexwith Cornerstone Ministries

Transform

ative

Justice

Family Re-

Unification

Amer-

Corp

Re-Entry

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VISTAMentoring

of Children

Systemic

Change

SVDP

Encounter

Ser ant Leadership Leads To


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Servant Leadership Leads To

Inner Transformation


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Success Stories

Rev. Leo

MarkDisaster Response;

Construction for Sisters of theHoly Family


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USCCB Advocating for Restorative Justice

Allocate resources away from building toprograms

2nd Chance Act Smarter Sentencing Act

S 6175 Recidivism Reduction Act

HR Youth Promise Act Redeem Act : Expungment of youth non-

violent offenses


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What can we do?

Pre- Release

Volunteer Visitors Mentoring

Post-Release

Mentoring Direct Services

Public Awarenessand Advocacy!


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Q & A

Documents

CCUSA- Mass Incarceration vs. Restorative Justice