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Politics of Restorative Justice

Any institution must have political support or it will erode or disappear. This is certainly true for restorative justice. But is there an influence in the other direction -- can restorative principles and values help shape political discourse?

Elshtain, Jean Bethke. Politics and Forgiveness
As Jean Bethke Elshtain recalls for us, Hannah Arendt asserted that forgiveness was the greatest contribution Jesus of Nazareth made to politics. In recent years, public acts of contrition by political figures, seeking forgiveness, have become almost faddish. The question Elshtain raises is how to distinguish between serious, meaningful acts of public or political forgiveness and instances of 'contrition chic.' She distinguishes this inquiry from questions about the authenticity of individual acts of contrition and forgiveness. While they can be genuine and powerful, such as when Pope John Paul II forgave his would-be assassin, they are not usually political acts. The question is whether there are forms of authentic political forgiveness. Reflecting on contexts such as the Holocaust, Northern Ireland, slavery, and South Africa, she explores several significant issues, including the political nature of forgiveness, the parties to forgiveness, the public dimension of political forgiveness, remembrance, and political restorative justice.
Philpott, Daniel. The Politics of Past Evil: Religion, Reconciliation, and the Dilemmas of Transitional Justice
What unfolds in the following pages, then, is a conversation about how theology and politics are related in the theory and practice of reconciliation, situated in the context of transitional states. What place does reconciliation have in the politics of transition? What are the warrants for it? Four theorists, two theologians and two philosophers draw explicitly from theological perspectives in answering these questions. The answers are fresh angles in today’s debate. Our conversation, though, also recognizes that reconciliation’s credibility as an approach to politics depends not only on a theoretical foundation but also on an account of its place in the tug and haul of actual political transition. Two political scientists and a historian, all sympathetic to the theological perspectives, then chart the path of reconciliation, sometimes torturous, sometimes propitious, in South Africa, Northern Ireland, Argentina, and Germany. The divide between the two sorts of inquiry is not neat. The theorists are cognizant of contemporary political transitions; the empirically oriented scholars are theoretically conscious. Explicating theological warrants, mapping the texture of actual political transitions, echoing debates within these transitions, our conversation addresses a wide variety of interlocutors, both scholarly and generalist, both with and without theological commitments. (excerpt)
Why penal reform should be a conservative issue
By Dan Van Ness As reported earlier on RJOB, the Commission on Prisons Today recently released its report, Do Better, Do Less. Among other things it argues for expanded use of restorative justice programmes and policies. One of the Commission members was Ian Loader, Professor of Criminology at the University of Oxford and a Fellow of All Souls College. In an article on conservativehome.blogs.com, the website of the British Conservative Party, he argues that conservatives should be at the forefront of penal reform.
Three strikes: A blot on our judicial landscape
The passing into law of the Sentencing and Parole Reform Bill (the three strikes legislation) last week, was a milestone of a kind – it marked the passing into law of arguably the worst piece of criminal justice legislation in New Zealand history. While the legislation is a shocker, the way in which it was managed through the legislation process is a case study in political manipulation of the democratic process, lending weight to Lord Acton’s famous words, “All power corrupts; absolute power corrupts absolutely.”
U.S. Sentencing Commission and restorative justice
The U.S. Sentencing Commission includes two restorative justice supporters. Restorative justice expert Howard Zehr has been appointed to the commission as well as Illinois crime victim Jennifer Bishop-Jenkins (her message below). It will be interesting to see what comes out of this commission. Hopefully the Commission will consider seriously the importance of restorative justice as a means to systemic reform.
Tagging and restorative justice
from Lisa Rea's entry at Change.org: A recent story caught my eye. According to the Los Angeles Times, Los Angeles tagger Cyrus Yazdani, who goes by Buket, has been sentenced to 3 years and 8 months for his tagging efforts. This is not the first time this notorious tagger has been caught and fined. Yazdani, a 26-year old college graduate from San Jose State, is a prolific tagger who does his tagging in broad daylight. The amount of damage caused by Yazdani's graffiti is in the range of $150,000. And that's got to be on the low side. Most of the damage has been done in Los Angeles; authorities say he's tagged hundreds of freeway overpasses. Is this a fair and just sentence? What do you do with a serial tagger? How would a justice system based on the principles of restorative justice see this case?
Hundreds hurt in California prison riot: What's wrong with California?
by Lisa Rea As a medium security prison in Chino, California erupts in violence over the weekend injuring 250 inmates and hospitalizing 55, you have to ask what's wrong with California's prison system? As the details of this prison riot become available we read that it appears to be gang related violence: African American prison gangs versus Latino prison gangs. This is not new in the state's prison system. But what California has been wrestling with, or not, is its every increasing prison population. A fact, that frankly, California public officials -- governors, past and present, and California legislators, refuse to grapple with in any reasonable and intelligent way.
Advocating for restorative justice before a legislative body: How to make the case
 
A comment on Do Better Do Less: The report of the Commission on English Prisons Today
The Commission on English Prisons Today is an independent commission set up in 2007 by the Howard League for Penal Reform. Its 77-page report details the growth in prison population in the UK, accompanied by a rise in the reconviction rate, and aggravated by 49 ‘law-and-order’ laws between 1980 and 2009. By contrast England in 1908-39, and Finland in 1960-2000, have shown that imprisonment can be deliberately reduced with no effect on the crime rate. Scotland is planning to do likewise.
Federal prison-overhaul plan dismissed as amateur, alarming
from Janice Tibbetts' article at canada.com: Canada's blueprint for overhauling federal prisons is an amateur and "alarming" document that ignores human rights, gives the false impression that crime is rising, and provides no costs for flawed policies that would flood penitentiaries with more inmates, says a new report. The study attacks the Harper government for its speedy, wholesale adoption of the 2007 Roadmap to Strengthening Public Safety that made more than 100 recommendations, based largely on the premise that prisoners don't have automatic rights; they earn them.
Anti-crime bills deserved to die in Canada
from the comment by Elizabeth Woods in Times Colonist: The editorial on prorogation (Jan. 5) mentions that among the bills that died with this parliamentary session were many parts of "Harper's tough on crime agenda." This is the one good result of prorogation as these bills contained very bad criminal law. Stephen Harper is not "tough on crime"-- he is soft in the head on crime, preferring to build more prisons -- the most expensive, least effective form of influencing behaviour -- instead of investing in preventive measures, such as early childhood care and education, and the alleviation of poverty.
Tough on crime but short on logic
from Carol Goar's column in the Toronto Star: Promises beget price tags. Prime Minister Stephen Harper has revealed very little about the cost of the crime crackdown his government has begun and plans to extend in this session of Parliament. The Department of Public Safety has estimates of the growth of the prison population but the minister, Peter Van Loan, refuses to make them public, citing cabinet confidentiality. The government has projections of the cost of imposing mandatory minimum sentences for drug offences, meting out longer jail terms and beefing up police forces. But it hasn't made them public. Even in secrecy-obsessed Ottawa, however, some information gets out. This month, Correctional Service Canada released its spending estimates for the coming fiscal year. They showed a 43 per cent increase in capital expenditures on penitentiaries. In 2010-11, the government expects to spend $329.4 million on prison infrastructure. Last year's jail-building budget was $230.8 million. To put these numbers in perspective, Correctional Service Canada spent $88.5 million on prison construction when Harper took office four years ago.
Zeal to punish eliminates a useful tool
from Emile Therien's op-ed in the Toronto Star: ....The “conditional sentence of imprisonment” (CSI) was introduced in Canada in 1996 as an alternate form of incarceration subject to specific criteria. It is not, as some assume, the same as probation. When sentenced to less than two years, an offender deemed not to pose a danger to society is allowed to remain in the community, but with more stringent conditions than offenders on parole. The offender must abide by a number of typically punitive conditions, such as a strict curfew. If a condition is broken without a lawful excuse, the offender may serve out the rest of the sentence in prison. Unfortunately, conditional sentences for the type of offence Tobin committed — impaired driving causing death — were eliminated in the last session of Parliament, thus ending Canada’s tradition of granting discretion and independence to the judiciary. The accident last Christmas Eve that killed his friend Alex Zolpis can only be described as “tragic and senseless.” But giving Jack Tobin a prison sentence may well also prove to be “tragic and senseless,” as there is mounting evidence that jail time does not reduce the chances of re-offending.
Alberta solicitor general to fight for restorative justice
from the article at CBC News: Alberta's solicitor general is vowing to fight to restore funding for restorative justice programs in the face of mounting criticism from his party and a retired chief justice. "I will fight to restore it," Frank Oberle told CBC News. "I'm going to fight to restore the grant money next year." Oberle said he was forced to eliminate the $350,000 grant for the program to reach budget targets. His department is responsible for jails in Alberta and most of his budget is taken up by salaries where there is no room to cut.
Farrington-Douglas, Joe and Durante, Lucia. Towards a Popular, Preventative Youth Justice System.
This report has four main thrusts. Youth justice, at present not succeeding in reducing reoffending,should be reshaped so that it: 1)operates at more levels in society, to match levels of offending and anti-social behaviour;2)relies more on prevention and less on coercion; 3)avoids young people being drawn into the formal criminal courts system wherever possible; 4)is more trusted by the public. Thus it should be tiered, preventative,diversionary and populist. (excerpt) Thereportalsoarguesthattheremitoftheyouthjusticesystemshouldnotstopat17.The suggestednewcommunityjusticealternativesshouldbeavailabletoolderyouths(e.g.18-21)andto youngpersonsaccusedofsubsequentnon-severeoffences.
Do Better Do Less: The report of the Commission on English Prisons Today
 
Economic analysis of interventions for young adult offenders
from the report for the Barrow Cadbury Trust by Matrix Evidence: This report summarises an economic analysis of alternative interventions for young adult offenders. It concludes that, for all offenders aged 18-24 sentenced in a Magistrate’s court for a non-violent offence1 in a given year: Diversion from community orders to pre-court RJ conferencing schemes (following a police triage service in which police officers make an immediate assessment of the need and likely benefit from a community intervention) is likely to produce a lifetime cost saving to society of almost £275 million (£7,050 per offender). The costs of RJ conferencing are likely to be paid back within the first year of implementation. During the course of two parliaments (10 years), implementation of such a scheme would be likely to lead to a total net benefit to society during this period of over £1 billion. Diversion from custody to community orders via changes in sentencing guidelines is likely to produce a lifetime cost saving to society of more than £12 million (£1,032 per offender). The costs of changing sentencing guidelines are likely to be paid back within three years of implementation. During the course of two parliaments (10 years), implementation of such a scheme would be likely to lead to a total net benefit to society during this period of almost £33 million. Diversion from trial under adult law to trial under juvenile law following maturity assessment is likely to produce a lifetime cost saving to society of almost £5 million (£420 per offender). The costs of maturity assessments are likely to be paid back within five years of implementation. During the course of two parliaments (10 years), implementation of such a scheme would be likely to lead to a total net benefit to society during this period of almost £473,000.
Economic analysis of interventions for young adult offenders
from the report for the Barrow Cadbury Trust by Matrix Evidence: This report summarises an economic analysis of alternative interventions for young adult offenders. It concludes that, for all offenders aged 18-24 sentenced in a Magistrate’s court for a non-violent offence1 in a given year: Diversion from community orders to pre-court RJ conferencing schemes (following a police triage service in which police officers make an immediate assessment of the need and likely benefit from a community intervention) is likely to produce a lifetime cost saving to society of almost £275 million (£7,050 per offender). The costs of RJ conferencing are likely to be paid back within the first year of implementation. During the course of two parliaments (10 years), implementation of such a scheme would be likely to lead to a total net benefit to society during this period of over £1 billion. Diversion from custody to community orders via changes in sentencing guidelines is likely to produce a lifetime cost saving to society of more than £12 million (£1,032 per offender). The costs of changing sentencing guidelines are likely to be paid back within three years of implementation. During the course of two parliaments (10 years), implementation of such a scheme would be likely to lead to a total net benefit to society during this period of almost £33 million. Diversion from trial under adult law to trial under juvenile law following maturity assessment is likely to produce a lifetime cost saving to society of almost £5 million (£420 per offender). The costs of maturity assessments are likely to be paid back within five years of implementation. During the course of two parliaments (10 years), implementation of such a scheme would be likely to lead to a total net benefit to society during this period of almost £473,000.
Short prison sentences for young 'should be axed'
by Helen James on communitynewswire.press.net: All short-term prison sentences for young adults convicted of non-violent offences should be abolished, a charity has said. The Transition to Adulthood (T2A) Alliance made the call as it launched a report on young adults and the criminal justice system. The report says thousands of vulnerable young adults with mental health problems, learning difficulties, drug and alcohol addictions, and backgrounds in homelessness and care, are being funnelled unnecessarily into the criminal justice system. The T2A Alliance argues the majority could use support services in the community before they have to enter the criminal justice system and, if sentencing is appropriate, they should be given community sentences.
Restorative justice, policing and the Big Society
from the speech by The Rt Hon Nick Herbert, Minister for Policing and Criminal Justice in England: There has been much talk about restorative justice. We’ve seen encouraging pilots and there’s talk about it not only in this country, but around the world. So why is it that something that offers such encouraging results should not have taken a greater hold in our system? Well, I think it is because we’ve seen evolving over the last few years a criminal justice system that has been very much directed from the centre. We’ve been through the recent era of targets and what has eloquently been described as ‘deliverology’. The idea of managing from the centre, of close direction in order to try and drive up the performance of public services. This was done for benign reasons, but we all know what the consequences were.
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