“Restorative Justice: Justice that Heals” RODOLFO D. DIAMANTE Executive Secretary Catholic...
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Transcript of “Restorative Justice: Justice that Heals” RODOLFO D. DIAMANTE Executive Secretary Catholic...
“Restorative Justice: Justice that Heals”
RODOLFO D. DIAMANTERODOLFO D. DIAMANTE Executive Secretary
Catholic Bishops’ Conference of the Philippines- Episcopal Commission on Prison Pastoral Care
CBCP-ECPPCAsia’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 training of underpaid personnel
- Graft and Corruption
Plight of Victims
Have little say and participation
Needs not attended too
Denied of power
Peripheral in the process
Lack of closure
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.
What is Restorative Justice
Restorative justice - a philosophy that embraces a wide range of human emotions - healing, mediation, compassion, forgiveness, mercy and reconciliation
COMPARISON OF 2 PARADIGMS
RETRIBUTIVE RESTORATIVE
An approach focused on determining
what law was broken
who broke it
How they should be punished
A valued-based approach focused on determining
harm resulting from crime
what needs to be done to repair the harm
who is responsible for repairing the harm
STATE AND COMMUNITY
RETRIBUTIVE RESTORATIVE
Crime - act against the State, a violation of law
Control - lies in the criminal justice system
Community- sideline, represented by the State
Crime - act against another person and the community
Control - lies in the community
Community- facilitator in the restorative process
OFFENDER AND VICTIM
RETRIBUTIVE RESTORATIVE
Dependence on proxy professionals
Victims - peripheral to the process
Focus - establish blame, guilt, on past.
Response- focused on offender’s past behavior
Direct involvement by participants
Victims- central to the process
Focus- problem solving, obligations, future
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
Offender accountability - taking punishment
Punishment is effective, deters crime and changes behavior
Crime - both individual and social responsibility
Accountability - assuming responsibility and taking action to repair harm
Punishment - not effective in changing behavior, disruptive to community harmony and good relationships
The concept of lex talionis, the law of proportionality- If 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
Scriptural Basis
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.
4. INCLUSION: Provide opportunities for parties with a stake in a specific crime to participate in its resolution.
3. REINTEGRATION: Seek to restore victims and offenders as whole, contributing members of society.
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.
Community- creates the conditions for the restoration of both offender and victim..
Victim- examines feelings and take full advantage of any support network that will facilitate healing.
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.
Way Restorative Justice Works
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
A system that gives a better deal to victims, that promotesapology, healing, understanding, accountability, personal andcollective responsibility, forgiveness and even reconciliation.
A system that practice compassion and mercy in dealings withone another.
A system that uses imprisonment as a final resort.
Restorative justice provides of these to happen. The current criminal justice system does not.
Conclusion
References:
1. Consedine, Jim , Restorative Justice: A Gospel Response to Crime, 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