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Over the last week or so I've received several comments which center
around the question why should a victim of crime support restorative
justice. There is a concern/perception amongst some that restorative
justice is too focused on offenders and victims needs are still not being
met. This is a valid concern and one which calls attention to one of the
basic principles of restorative justice: a balanced focus on the
healing needs of victims and offenders. There is a popular theme
in the restorative justice community, crime wounds, justice heals. The
billions of dollars being poured into the corrections industry;
rapid growth of prisons,. etc. stand out like a sore thumb in
society. That is not to suggest we are doing a good job of seeing, let
alone healing the problem. Some times it is much harder to identify and
understand the wounds of a victim and address their healing. The
restorative paradigm suggests that we must clearly listen to individuals
and work to meet their needs rather than assuming an impersonal
agency or legislative body can, by themselves, heal the harm of
crime.
Victims of crime often have a lot of questions. In our current system
of retributive justice there are few, if any chances for victims to have
these questions answered. One of the tools available (and somewhat
effective) is the Victim Impact Statement. However, we must remember that
this is a tool of an adversarial process. One that is often used for
punishing the offender and sometimes ignored altogether. Research is
showing that victims are often more interested in having questions
answered than in participating in a game of punishment and revenge.
Restorative justice must give voice to the real victim of crime--the
person that rests at the heart of a crime or conflict.
Here are some of the common questions/concerns that victims feel and
are usually denied an opportunity to have answered in our adversarial
process: Why did you hurt me? What was going through your mind as
you harmed me? Have you been stalking me? Will you come after me
again if/when you are released from jail/prison? Are my kids safe with you
in the community? Is there something I could have done that would have
prevented you from hurting me? How can I ever feel safe in my
home/business/community again? Feelings of rage, helplessness and
hopelessness, depression, inability to trust and other emotions are shared
in a way that is meaningful to the victim. Sometimes a crime has harmed a
victim to the point that they have lost their job; home; family or other
items of personal value, some of which cannot be replaced. Each case is
different but this allows you an opportunity to experience the level of
emotion that a victim brings to a restorative encounter process.
In addition to these questions it is very important for the victim to
have a chance to tell the offender some of their emotions while they being
victimized or after discovering damage done to their property. . Our
retributive paradigm uses restraining orders and other tools to
prevent healing at this intimate level. We must remember the purpose of
such a dialogue is healing and the balance on the needs of the victim and
offender must always be maintained. Yes, it is very, hard for most
offenders and their supporters to sit and listen to the level of harm they
or their loved ones have done to another person. Believe me there are
moments when it is hard for the facilitators and the professionals to hear
some of this as well. Healing is a powerful process, though rarely an easy
one. From the beginning there has been a fear that restorative justice is
soft on crime. In some cases there have been juveniles that wanted to opt
for restorative justice rather than face the judge. More recently we are
finding some juveniles who would rather face the judge than their victim.
I want to offer a reflection from a prisoner who has been through
restorative justice. This piece is his attempt to explain his
understanding of how his crime has harmed his victim. I am slowly coming
to the conclusion that there is a lot of anger amongst victim rights
groups and those working for prisoner/prison reform and advocacy. Very
often they are calling for a justice system which offers them the same
things. My hope is that one day soon the anger on both sides will reduce
itself enough that they will make an effort to listen to each other......
TB
I have been continuously imprisoned in the Texas prisons system for a quarter of a century - since 1977 - due to a felony conviction for a sexual assault I committed against a woman in Houston, Texas. This has been my first time in prison, my first conviction. As it the case with most free world citizens, I knew very little about criminal justice matters and harbored many of the same misconceptions that are still prevalent today, and continue to shape much of criminal justice policy. Criminal Justice issues are generally messy because they focus on prisoners - a group with no political clout and little claim to compassion. During the course of my imprisonment I have participated in a number of worthwhile activities in order to regenerate myself, including a group therapy program for sex-offenders, faith based programs and initiatives, and communicating with outside organizations and state officials on the subject of treatment for sex offenders and prison condition issues. I have testified before a Texas Senate Committee, on reducing recidivism, and in federal proceedings which resulted in a extensive overhaul of general prison conditions in Texas prisons. The defining point of my journey to personal regeneration came during January of this year (2002), as the result of an expanding program sponsored and facilitated by the victim services division of the Texas Department of Criminal Justice- - a program that I was not even aware of until a few months ago. It is called the "victim-offender-dialogue" program. By means of this program I was given the opportunity to personally meet with the victim of my offense, the offense for which I am incarcerated. It was one of the most profound, meaningful experiences of a life-time. Through this program the victim of my offense was empowered to respond to her own needs, as she saw them, to help heal the mental and emotional wounds that have been festering within her for many years. She was able to forgive me for the criminal act I had committed against her, and that compassionate, merciful act on her part surely freed her from aggravation and anger, and the desire to strike back at me. Anger, the destructive emotion that focuses the mind in such a negative way, was overcome by an act of genuine mercy. Shortly after she forgave me I was reminded of Jesus, hanging on the cross, extending a welcome to the criminal next to him. With that act of forgiveness Jesus gave an example to tell all humanity in every age. Forgiveness is often a difficult principle to understand in our current criminal justice systems. But faith and healing can inspire forgiveness, and forgiveness and reconciliation are ways to peace for victims of crime, and for those who commit them. The dialogue gave me the opportunity to look into the eyes of my victim, and to express my sincere remorse to her for what I had done, the criminal act against her, and to apologize to her in a way that was meaningful to both of us. I was also able to speak with her about the effect of God's healing grace in my own life, how, during my incarceration, I have been able to confront and deal with the cognitive distortions that led me to offend against her. We both discussed the ripple effect of my crime, of crime, and things we have done to reach out to others who are affected by crime. We both made a commitment to undertake specific projects as a result of our meeting and dialogue. Through the dialogue - a transforming experience - I feel that both myself and my victim have been able to restore, somewhat, our belief that in the human family that is bigger than both of us. It was also important to me that my victim be able to feel a sense of being freed from a desire to strike back at me, from the hold the commission of the offense had on her, that she no longer hated me , as a person. When she told me that she no longer hated or feared me , God touched my spirit at that moment and I knew she was sincere , and that she could go on with her life with a peace of mind and spirit that she had not known in many years. The dominant theme of criminal justice today is generally punitive, very impersonal and state centered. It encourages offenders to deny responsibility and empathy for their victims. But there is another approach to crime and punishment, and it is known as 'restorative justice'. What happened in my case is an important component of that concept. It focuses on the harm resulting from crime , what needs to be done to repair the harm , and who is responsible for repairing the harm. The emphasis is on healing, and restorative justice focuses on central values of personal responsibility, forgiveness and reconciliation. That process recognizes the dignity of all involved, and encourages offenders to understand the harm they have caused to victims and the ripple effect of their crimes. In victim-offender dialogues and reconciliation sessions, perhaps each person comes to the dialogue with certain goals in mind. But each may leave with other, more specific or larger goals , transformed by the experience that any party could have thought possible. This could never be achieved in a purely retributive criminal justice system which focuses on retribution through punishment alone. A prisoner's regeneration must result in freely chosen behavior that reflects basic values of law-abiding citizens that the restorative justice process can bring about in the heart of the errant. The Texas Department of Criminal Justice is to be commended for the existence its victim-offender dialogue program . I and my victim were blessed to have a very compassionate mediator who both prepared my victim and myself, and mediated the dialogue session in a very constructive manner. The victim services mediator's insights when charting the largely unknown waters of the actual meeting between my victim and helped produce a result a result that surely contributes to the validation of what the program is all about. But most of all, I want to thank my victim, whose name I will not mention here , but whose courage in imitating the dialogue process and act of mercy to me and through her from a name anyone who reads this article will know. Because of that courage and act of mercy, and the support of an understanding, loving family and friends, I have the courage to live as a forgiven man, even while I continue to be incarcerated in an unforgiving criminal justice system , and the victim of my offense is surely experiencing a renewed sense of peace within herself |
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