restorative prisons - wellington · 2018-11-11 · restorative prisons tim chapman ulster...
TRANSCRIPT
RESTORATIVE PRISONSTIM CHAPMAN
ULSTER UNIVERSITY
EUROPEAN FORUM FOR RESTORATIVE JUSTICE
CRIMINAL JUSTICE IS ATTEMPTING TO ACHIEVE OUTCOMES IT IS NOT DESIGNED TO ACHIEVE.
THE IDEAL
TO PROTECT THE PUBLIC BY REDUCING REOFFENDING
THROUGH A STRATEGIC AND EVIDENCE BASED APPROACH
THE REALITY IN BRITAIN
• 10.6 CRIMES COMMITTED (CRIME SURVEY) (REDUCING)
• 5.5M OFFENCES WERE RECORDED (INCREASING)
• 9% OF INVESTIGATIONS RESULT IN PROSECUTION (REDUCING)
• 87% OF THESE WERE CONVICTED (INCREASING)
• 32% CONVICTED OF INDICTABLE OFFENCES RECEIVED CUSTODY (INCREASING) IT WAS 25% IN 2000.
• 20% RECEIVED A COMMUNITY SENTENCE (DECREASING SIGNIFICANTLY) IT WAS 30% IN 2000.
• 17% RECEIVED A SUSPENDED SENTENCE (INCREASING SIGNIFICANTLY)
• THE AVERAGE LENGTH OF A CUSTODIAL SENTENCE IS INCREASING
• COMMUNITY SENTENCES HAVE A POSITIVE BUT NOT SUBSTANTIAL IMPACT ON REOFFENDING
• THOSE WHO RECEIVE A PRISON SENTENCE ENTER A WORLD WHICH WEAKENS THEIR CAPACITY TO TAKE THE
DIFFICULT PATH TO DESISTANCE. THE PERFORMANCE OF 46% PRISONS ARE OFFICIALLY LABELLED AS OF
CONCERN OR OF SERIOUS CONCERN. THIS A DETERIORATING RATHER THAN IMPROVING SITUATION. AN
INITIATIVE TO IMPROVE THE PERFORMANCE OF THE 10 WORST PRISONS. THE ACTION IS FOCUSED ON SECURITY
AGAINST DRUGS AND ABUSIVE BEHAVIOUR AND ON IMPROVING STANDARDS OF LEADERSHIP.
• THE AVERAGE PRISON POPULATION OF ENGLAND AND WALES IN 1999 WAS 64,770. CURRENTLY IT IS 82, 850.
AN INCREASE OF 28%
REFORM
AFFIRMATIVE ACTION
INNOVATION
- Doing the same things better
EXAMPLE
Action to improve specific practices in specific areas
CRIMINAL JUSTICE REFORM
INNOVATION
- Doing new things
EXAMPLE
Action to offer a robust alternative to custody
TRANSFORMATIVE ACTION
INNOVATION
- A different way of thinking
EXAMPLE
Action to engage with the lived experience of people
TRANSFORMATION
• DESIGN AND DEVELOP CHANGE ON EMERGING FUTURE POSSIBILITIES RATHER THAN THE
PROBLEMS OF THE PAST
• BECOME AWARE OF BLINDSPOTS IN THE SYSTEM
• THE DYNAMIC AND SYSTEMIC COMPLEXITY OF SYSTEMIC LIVED EXPERIENCE
WHAT QUESTION SHOULD A CRIMINAL JUSTICE SYSTEM ANSWER?
• HOW DOES OUR SYSTEM OF ADDRESSING THE HARM OF
CRIMINAL BEHAVIOUR SUPPORT AND STRENGTHEN THE
CULTURAL VALUES, THE SOCIAL RELATIONS AND THE
SOCIALISATION OF INDIVIDUALS SO THAT OUR SOCIETY
THRIVES AND OUR PEOPLE FLOURISH?
WHAT IS THE PURPOSE OF CRIMINAL JUSTICE?
TO UNDO INJUSTICE BY HOLDING PERPETRATORS OF CRIME
ACCOUNTABLE AND ADDRESSING THE HARM OF CRIMINAL
BEHAVIOUR HUMANELY AND JUSTLY.
WHAT THE CRIMINAL JUSTICE CAN DO
• BRING PEOPLE TO JUSTICE ACCORDING TO THE RULE OF LAW
• PROTECT HUMAN RIGHTS
• DETERMINE GUILT THROUGH DUE PROCESS
WHAT IT DOES NOT DO
• SERVE VICTIMS’ NEED FOR JUSTICE
• GIVE ORDINARY PEOPLE A VOICE AND LISTEN TO THEM
• ENABLE ORDINARY PEOPLE TO PARTICIPATE IN DECISION MAKING
• DEMONSTRATE ITS CREDIBILITY TO THE GENERAL PUBLIC
PRISONS CONTAIN THOSE ‘WHO ARE NOT FIT TO LIVE IN DECENT SOCIETY’
THE DISTINCTION BETWEEN IMMUNITY AND COMMUNITY (ROBERTO ESPOSITO)
MUNUS IN LATIN MEANS BOTH LAW AND A GIFT
To what extent does colonialism and ethnocentrism define what is decent society?
To what extent does the criminal justice system serve to
exclude and ‘quarantine’ those who are seen to carry
the disease?
To what extent has community become based upon identity and immunisation from the
threat of contamination by the ‘other’
STRONG COMMUNITIES DO NOT EXCLUDE
• MOST INDIGENOUS PEOPLE SEE HARM AS A THREAT TO RELATIONSHIPS AND AN
OPPORTUNITY TO STRENGTHEN THOSE RELATIONSHIPS.
• ALSO NOTICE HOW CORPORATE AND WHITE COLLAR CRIME AND MIDDLE CLASS CRIME IS
MANAGED.
• TO WHAT EXTENT IS THE OVER-USE OF EXTERNAL IMMUNISATION MECHANISMS WEAKENING
THE NATURAL IMMUNITY SYSTEM AND HINDERING PERSONAL AND SOCIAL DEVELOPMENT
THE CONCEPT OF JUSTICE
• THE SYSTEM’S APPROACH – PROFESSIONALS DOING JUSTICE ACCORDING TO THE RULE OF
LAW AND HUMAN RIGHTS
• THE RESTORATIVE APPROACH – CITIZENS UNDOING INJUSTICE ACCORDING TO THE
PARTICULAR EXPERIENCE OF INDIVIDUALS IN SPECIFIC CONTEXTS
THE CONCEPT OF COMMUNITY
• THE SYSTEM’S APPROACH – PROVIDING IMMUNITY OR PROTECTION FROM THAT WHICH
THREATENS
• THE RESTORATIVE APPROACH – ACTIVATING THE COMMON GOOD THROUGH RELATIONSHIPS
OF RECIPROCAL OBLIGATIONS AND RESPONSIBILITIES
A PRISON CAN BE A JUST COMMUNITY WHERE YOU CAN PRACTICE LIVING WITH OTHERS RESPECTFULLY
• CAN A PRISON PROVIDE BOTH SECURITY AND COMMUNITY?
• CAN THE WALLS ACT AS FILTERS RATHER THAN EXCLUSIONARY BARRIERS?
• CAN ACTING FOR THE COMMON GOOD BECOME MORE CENTRAL TO PRISON LIFE?
RESTORATIVE JUSTICE IS VALUE LED AND ACTION ORIENTED
• THE VALUE OF RELATIONSHIP IS BASED UPON RECOGNITION OF THE INTERDEPENDENCE AND
DIVERSITY OF PEOPLE AND NATURE.
• THE VALUE OF RELATIONSHIP IS ACTIVATED BY RESPECT AND RESPONSIBILITY.
• RESPECT ENABLES US TO REALLY SEE THE OTHER AS A PERSON NOT A PROBLEM.
• BEING AWARE OF THE OTHER PERSON’S VALUE, EMOTIONS AND NEEDS CREATES
RESPONSIBILITY TOWARDS THAT PERSON.
UNDERSTANDING PRISONERS RESTORATIVELY
• THE PERSON IS NOT THE PROBLEM, THE PROBLEM IS THE PROBLEM.
• NOT SEEING A PRISONER AS A COLLECTION OF RISKS TO BE MANAGED OR A CARRIER OF
PROBLEMS SUCH AS DRUGS OR MENTAL HEALTH.
• BUT
• A PERSON WHOSE ACTIONS HAVE INCURRED OBLIGATIONS OR DEBTS TO VICTIMS, TO THEIR
COMMUNITY, TO THEIR FAMILY, AND TO THEMSELVES WHICH THEY MUST ADDRESS DURING
THEIR SENTENCE.
OBLIGATIONS
• AN INQUIRY INTO WHAT OBLIGATIONS HAVE ARISEN FROM THE HARM CAUSED BY YOUR
CRIME AND YOUR IMPRISONMENT
TO YOUR VICTIM?
TO YOUR FAMILY?
TO YOUR COMMUNITY?
TO YOURSELF?
NEEDS ADDRESSED BY RESTORATIVE JUSTICE
HARM
+ ANGER
= NEED FOR JUSTICE TO BE RESTORED
HARM + FEAR = SAFETY TO BE RESTORED
HARM + SHAME = RESPECT TO BE RESTORED
HARM + ANXIETY = CONTROL TO BE RESTORED
NORTHERN IRELAND
PHASE 1
• TRAINED OVER 30 PRISON OFFICERS AND GOVERNORS
• NO SUPPORT IN THE PRISONS FOR RESTORATIVE PRACTICES
• CUTS IN STAFFING COSTS
PHASE 2
• TRAINED 30 OFFICERS OVER THREE DAYS AND 2 SENIOR STAFF OVER FIVE DAYS
• ADOPTED TWO CONCRETE OBJECTIVES
1. TO REDUCE THE NUMBER OF ‘ENEMIES’ THROUGH MEDIATION
2. TO DEVELOP A ‘RESTORATIVE LANDING’ THROUGH CIRCLES
FUTURE POSSIBILITIES
• TRAINING PRISONERS IN RESTORATIVE PRACTICES
• VICTIM INITIATED MEETINGS
• LINKED TO DESISTANCE – RESTORING THE RELATIONSHIP WITH ONESELF, RESTORING THE
RELATIONSHIP WITH FAMILY, RESTORING THE RELATIONSHIP WITH COMMUNITY.
WHAT ABOUT SECURITY?
DYNAMIC SECURITY
Good relations Less tension
Respectful communication and interaction
More information
Personal responsibility
Proactive assessments and actions
WHAT ABOUT OFFENDING?
DESISTANCE
Maturation Responsibility
Social bonds
Relationships
Pro-social identity and
narrativeRespect
People, even more than things, have to be restored,
renewed, revived, reclaimed, and redeemed; never
throw out anyone.