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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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Alarming Statistics cont.
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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 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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Alarming Statistics cont.
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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Alarming Statistics cont.
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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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 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
72
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