Restorative justice is a theory of justice that emphasizes repairing the harm caused or revealed by criminal behavior. It is best accomplished through cooperative processes that include all stakeholders.Practices and programs reflecting restorative purposes will respond to crime by:
- identifying and taking steps to repair harm,
- involving all stakeholders, and
- transforming the traditional relationship between communities and their governments in responding to crime.
Russian writer and philosopher Fyodor Dostoyevsky wrote, “The degree of civilization in a society can be judged by entering its prisons.” If he could examine our prisons today, I think we would be judged very harshly. If he could see the millions of people in them and see how we are criminalizing poverty and childhood damage, we would be judged inhumane. If he could learn of the draconian sentences for non-violent crimes, we would be judged unjust. If he could see what damage mass incarceration is doing to families and communities and how difficult we make it for people getting out to put their lives back together, we would be judged foolish and shortsighted. If he could see the number of children we condemn to adult, violent environments and lifelong sentences, contemplate the tens of thousands of people in solitary confinement and understand the way most incarcerated people are treated, we would be judged ruthless and brutal. If he could understand its racist elements, I think he might point out our core value of equality and label us hypocritical.
Criminal behavior is complex, and some of its root problems like poverty, mental health issues and poor—or no—educational opportunities seem intractable, but there are better ways of dealing with criminal justice if we care enough about our identity as a people. We need a sharp 180 degree turn toward restorative justice. The ways is which we carry out “justice” is tragically broken and sick, and the damage being done is affecting us all. It—and we–need to be healed.
Across the Line
Making big changes and seeing the world very differently require courage. Maya Angelou said, “Courage is the most important of all virtues, because without courage, you can’t practice any other virtue consistently.” Individual people can so easily put blinders on about big, painful problems, but we are also capable of moving from a place of safety and security over into an unknown space where we feel insecure and often frightened. Making courageous decisions needs moral muscle and a desire to feel honor and self-respect. It is how we grow. Instead of focusing on these national faults lines in our criminal justice system, we could focus on our strengths, our capability for great compassion and our deep concern for the common good. If individuals are capable, then so are we as a nation capable. I’ve found people’s courage and capabilities amazing—especially among my students in prison.
Dropping out of school has serious consequences, especially to people’s self-respect. People who drop out often feel like failures and losers. None of my prison students had graduated from high school before I knew them. I think about the first days back in school for these men—how vulnerable they looked with their wooden faces and wary, anxious eyes. But, they had already crossed the first difficult line, the doorway into the office to sign up. They had to swallow their pride about their grave mistakes. I found it so interesting when asked about the decision they most regretted, that they said it was not the crime they committed, but dropping out of school. “If I hadn’t dropped out, I wouldn’t be here,” they answered.
They had to look in the mirror and face themselves as people with very rusty basic skills in reading, writing and math and as adults who knew very little about what was in their textbooks. In the macho world of prison, it took great courage to be doing the right thing for their lives, to face the unknown world of being back in school. They had to face their fears about failing again, open their books and begin. They had to decide that their lives were worth something, that they just might be capable of succeeding after all. One young man wrote me a note about three weeks into the semester, saying that he wasn’t sure he could do the work, but he wanted me to know how hard he was trying. He said it took him a whole year to “not be too scared” and sign up for school. I watched and was awed by his courage. I watched their courage every day.
I see a connection between being courageous—and the development of personal dignity. I wrote about South Africa in my last post, and how its people still give us shining examples of what it means when we put ourselves in vulnerable positions and do amazing, out-of-the-ordinary things.
Nelson Mandela gave the world so many shining examples of both courage and humility. There were many ways he could have reacted to his twenty-seven years of political imprisonment. If he had meted out punishment, many people would have understood a sense of anger and revenge. He could have punished the people who took away so many precious years. He could have called for the same kind of humiliating damage he himself had experienced. Instead, he invited one of his white jailors to his inauguration and gave him an honored place, showing his country and the world a new level of human stature, a new humanizing dignity and a new kind of courage.
The United States has our own shining examples of astonishing courage and dignity in the face of tragedy. The Christian Science Monitor Weekly magazine on April 13, 2015 has a cover photograph of Ricky Jackson, who served 39 years in prison, making him the person serving the longest sentence in America’s history for a crime he did not commit. The article called Innocence Found: The Ricky Jackson Story follows the intricacies of Jackson’s case and his efforts to free himself. It follows the Ohio Innocence Project, whose members started working on the case in 2006.
Eddie Vernon, a witness in the case, was only thirteen-years-old when the police and prosecutors coerced him into lying about what happened. His testimony sealed Jackson’s conviction—and that of two other young men, who were also innocent and spent decades in prison. After trial, Jackson was sentenced to die in the electric chair, and he spent two years on Death Row until the federal Supreme Court ruled Ohio’s capital punishment unconstitutional. The next thirty-seven years found him in a succession of prisons. When he went before five parole boards, they looked for a change in him and some kind of remorse. When he couldn’t demonstrate that because he was innocent, they extended his sentence each time. Eddie Vernon, after decades of his own remorse and guilt, finally came forward—terrified of being convicted of perjury. He too demonstrated great courage. Finally, the state withdrew and Ricky Jackson was freed.
What makes this story so compelling to me is that Jackson isn’t angry or bitter. He managed to live in prison with grace and humility, and he exhibits those same qualities as he struggles to put his life back together while dealing with the challenges of being out in the world. He has met with Vernon, and doesn’t harbor any resentment or anger toward him, knowing how much Vernon has also suffered.
Innocence Projects and organizations like Bryan Stevenson’s Equal Justice Initiative are finding innocent people on death row and serving years and years all over the country, creating tragedy for victims and their families and dishonor for us as a nation. I wonder how Ricky Jackson’s fate would have changed if restorative practices had been in place. As most programs involve the community, it might have been far harder, if not impossible, to coerce and believe the testimony of a thirteen-year-old boy. We have to drastically change course if we want to be move toward being more civilized, to use Dostoyevsky’s language.
When my students ventured across the scary line to sign up for school, they were being accountable to themselves, signing up to be their best, not their worst. They were moving beyond the labels of drop-out and felon and becoming students, then graduates. When graduation day came and they could finally wear the red cap and gown, they all walked and stood taller, their dignity and self-respect in place. Education is a part of restorative justice as it helps students discover their competence–and their goodness as human beings.
Maya Angelou also says, “I think the courage to confront evil and turn it by dint of will into something applicable to the development of our evolution, individually and collectively, is exciting, honorable.” All of the parts of restorative justice try to enhance the best in us: our ability to be responsible, our talent for creativity, our capacity to make moral choices, our power to be compassionate and our courage to be forgiving. With courage, we can all move across the line and begin to see our system and all of its victims differently. We need a change for the rest of us, because it would give us a much-needed new identity. It would honor us. We need to look no further for exemplary role models than those people who’ve spent years and years behind bars.