Mass Incarceration vs.

Restorative Justice
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
October 7, 2014Catholic Charities Annual Gathering

What is Restorative Justice?

Karen Clifton
Executive Director of the Catholic Mobilizing Network

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

Restorative Justice
within our
Criminal Justice System

Restorative Justice attempts to repair the harm

caused when a crime is committed. Focuses first on the
victim, then on the community, rather than the
offender first (retributive model)
It is a community-centered approach to justice which
views crime as a violation of people and
relationships, rather than simply a violation of law.
Restorative Justice focuses on the victims needs
and the offenders responsibility to repair harm
and foster healing.

Retributive Justice and Restorative Justice views:

Retributive Justice
Crime is a violation of the law
and the state
Violations create guilt
Justice requires the state to
determine blame (guilt) and
impose pain (punishment)

Restorative Justice
Crime is a violation of people
and relationships
Violations create obligations
Justice involves victims,
community members, and
offenders in an effort to put
things right

Central focus: offenders

getting what they "deserve"

Central focus: victim needs

and offender responsibility for
repairing harm

Important to remember when teaching or sharing with others on

this CP/DP/RJ:
[Restorative Justice] approaches are not soft on crime because
they specifically call the offender to face victims and the
communities. This experience offers victims a much greater sense
of peace and accountability. Offenders who are willing to face the
human consequences of their actions are more ready to accept
responsibility, make reparations, and rebuild their lives.
-Responsibility, Rehabilitation, and Restoration: A Catholic Perspective on Crime and Criminal Justice (USCCB 2000)

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 dignity
should be respected. We seek justice, not vengeance. We believe
punishment must have clear purposes: protecting society and
rehabilitating those who violate the law. U.S. Bishops in Responsibility, Rehabilitation, and
Restoration: A Catholic Perspective on Crime and Criminal Justice, USCCB: Washington, DC, 2000, p. 16.

John 8 Let anyone among you who is without

sin the be the first to throw a stone at her.
Matthew 18 Which of these three, do you think
was a neighbor to the man...? He said, The one
who showed him mercy. Jesus said to him, Go
and do likewise.

Every day Christians recognize both that we

are 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, and
acknowledges our dependence on Gods love
and mercy.
U.S. Bishops in Responsibility, Rehabilitation, and Restoration: A Catholic Perspective on Crime and
Criminal Justice, USCCB: Washington, DC, 2000, p. 15

Restorative
Justice begins
with
ENCOUNTER

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.

Pastoral workers have the task of studying and

recommending restorative justice as a means and a
process 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 that
others also would not kill him. Gods
punishment of Cain is exile, not
vengeance.
Pope John Paul II meets with Mehmet Ali Aca

Mercy is the Lords most

powerful message. It is not easy
to trust oneself to the mercy of
God, because His mercy is an
unfathomable abyss
but we must do it!
(First statement as Pope, 2013)

Challenges
Tom Costanza
Executive Director of the Office of Justice and Peace

Re-Entry 72 Hour Experiential Exercise

24 Hrs Dropped Off at Bus Station

No ID
48 Hrs No SS Card

Drug Dealer Waiting

72 Hrs No cell phone

Transformative Justice

Returning
Citizens

Address
Survivor

Community
Restored

Scriptural Roots
Restoration in the Gospel
Zacchaeus Climbed the tree
Good Samaritan
Prodigal Son

Crucifixion and Resurrection

Hebrews 13:3

Redemption

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

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 one
parent in prison by the age of 14

Entry

Family Dynamics

1 in 3 Black Men

1 in 6 Hispanic

1 in 18 Black
Women

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

Push Pull of Restorative Context

Paid Debt to
Society ?????

Collateral
Consequences

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 Get
High
Recent Murder: Garbage Animals

People with Disabilities within

the Criminal Justice System
Janice L. Benton
Executive Director for the National Catholic Partnership on Disability

Alarming Statistics
Victims of Crime and Abuse
o 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 be
abused than those without disability [Sullivan & Knutson,
2000]

o People with disabilities experience nearly double the

rate of violence [National Crime Victim Survey]
o People with ID have the highest risk of violent
victimization [Harrell & Rand, 2010]

Alarming Statistics cont.

Mental Illness

[Department of Justice's Survey of Inmates in State and Federal Correctional

Facilities (2004) and Survey of Inmates in Local Jails (2002)]

Alarming Statistics cont.

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 be
jailed as men in the general population [Mental Health America Position
Statement #52]

On any given day, between 300,000 and 400,000 people with

mental illnesses are incarcerated in jails and prisons across the
United States, and more than 500,000 people with mental
illnesses are under correctional control in the community
Illnesses
Justice

[Ending an American Tragedy: Addressing the Needs of Justice-Involved People with Mental
and Co-Occurring Disorders, by the National Leadership Forum on
Behavioral Health/Criminal
Services (September, 2009)]

Alarming Statistics cont.

Mental Illness, cont.
The Los Angeles County Jail, Cook County Jail in
Chicago and New York Citys Rikers Island each
hold more people with mental illness on any given
day than any hospital in the United States.
The Los Angeles County Jail has for a number of
years been declared to be the largest mental health
facility in the country.

Alarming Statistics cont.

Intellectual Disabilities
4% 10% of prison population, while only 2% to
3% of the general population [Davis, 2009]

Learning Disabilities
Estimated 28% to 43% of detained/ incarcerated
youthful offenders have identified special
education disability, with majority being learning
disabilities [Mallett C, 2011]

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 an
estimated two thirds are rearrested within about 3 years [Eme
R., Attention-deficit hyperactivity disorder and correctional health care. J Correctional Health
Care. 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 and
the rate of recidivism among afflicted criminals
[http://www.medscape.org/viewarticle/719862]

Issues of Concern
During arrest process/incarceration:
Police officers, guards and other personnel lack
training 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 executed
o Problem left it up to states to define intellectual
disability (most require arbitrary IQ score of 70)

Issues of Concern cont.

During arrest process/incarceration:
Wide variance in state treatment of inmates with
mental 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

Issues of Concern cont.

Preparing for Community Restoration (well in
advance of release):

Medicaid and other benefits need restored to individual

before return to the community
o

Need to reestablish all support services

Families need help to prepare for transition

Need funding for comprehensive community support
services (mental health clinics, certified clubhouses, affordable/ accessible
housing, job training)

Partnerships are key to success Catholic Charities,

National Alliance on Mental Illness, Arc

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

Models for Transformation

Tom Costanza
Executive Director of the Office of Justice and Peace

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

Go to the Margins

Encounter

Dialogue

Union
with
Christ

Encounter and Dialogue

Servant Leadership and Transformation
Through Service
Genuine encounter and dialogue with the other;
relate Rev. Leo reflection on Sisters of the Holy
Family
and first day at CCANO

Benefits of Restorative Justice

Victims or Survivors
More likely to experience healing
More likely to get restitution
Offenders
Lower rates of re-offenses and if they do it is
a less serious offense
Community
Reduced trials
Victim Offender Dialogues cost about 350

Catholic Parish and

Community Based Approaches
Mentoring of Children whose parents are
incarcerated
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

Victim Survivor Restoration

Victim
Offender
Dialogues
Family Justice
Center

Busting the Prison Industrial Complex

with Cornerstone Ministries
Family ReUnification

SVDP
Encounter

Systemic
Change

AmerCorp
Transform
ative
Justice

Mentoring
of Children

Re-Entry
72

VISTA

Servant Leadership Leads To

Inner Transformation

Success Stories

Rev. Leo
Mark
Disaster Response;
Construction for Sisters of the
Holy Family

USCCB Advocating for Restorative Justice

Allocate resources away from building to

programs
2nd Chance Act
Smarter Sentencing Act
S 6175 Recidivism Reduction Act
HR Youth Promise Act
Redeem Act : Expungment of youth nonviolent offenses

Source: The American Prospect

What can we do?

Pre- Release

Post-Release

Volunteer Visitors
Mentoring

Mentoring
Direct Services

Public Awareness
and Advocacy!

Q&A