Thursday, May 2, 2013

Reflections on the Fabric of our Lives

A poet, Rainer Maria Rilke, once said, "We make our way through Everything like thread passing through fabric giving shape to images that we ourselves do not know."

I love the way this image conveys a life. Our lives are interwoven, and only mean something insofar as we are connected. We are building upon threads of the past. And, we can never fully appreciate all of the other lives we touch, or the way our cumulative experience shapes the whole. And yet, we can move through life with single minded purpose, and piercing poignancy.
~

I am inspired by one of my favorite Quaker Quotes. James Naylor was arrested and tortured for blasphemy in 1600.  He was released and wounded, heading home to his wife and children. On the way, he was robbed and bound, and found towards evening in a field. He was taken to a Friend's house near King's Ripton, where he died. These were some of his last words:

There is a spirit which I feel that delights to do no evil, nor to revenge any wrong, but delights to endure all things, in hope to enjoy its own in the end. Its hope is to outlive all wrath and contention, and to weary out all exaltation and cruelty, or whatever is of a nature contrary to itself. It sees to the end of all temptations. As it bears no evil in itself, so it conceives none in thoughts to any other. If it be betrayed, it bears it, for its ground and spring is the mercies and forgiveness of God. Its crown is meekness, its life is everlasting love unfeigned; it takes its kingdom with entreaty and not with contention, and keeps it by lowliness of mind. In God alone it can rejoice, though none else regard it, or can own its life. It's conceived in sorrow, and brought forth without any to pity it, nor doth it murmur at grief and oppression. It never rejoiceth but through sufferings; for with the world's joy it is murdered. I found it alone, being forsaken. I have fellowship therein with them who lived in dens and desolate places in the earth, who through death obtained this resurrection and eternal holy life.
 
These thoughts lead me to reflect on the way the Spirit calls us into Community. A favorite Quaker writer, Parker Palmer, wrote in 1977:

God comes to us in the midst of human need, and the most pressing needs of our time demand community in response. How can I participate in a fairer distribution of resources unless I live in a community which makes it possible to consume less? How can I learn accountability unless I live in a community where my acts and their consequences are visible to all? How can I learn to share power unless I live in a community where hierarchy is unnatural? How can I take the risks which right action demands unless I belong to a community which gives support? How can I learn the sanctity of each life unless I live in a community where we can be persons not roles to one another?

Thank you Friends, for being in community with me.

Scott

Wednesday, May 1, 2013

Durham Prison Pipeline: We Need Restorative Justice

I don't know how many times I have stood next to a young African American man as he was discarded by our society into the prison pipeline. Was I a compassionate guide through a tragic system, or a complicit cog in the wheel of injustice? Probably both. I am trying to be more clear about the problem, and learn about potential remedies.

Here are some statistics about charges in Durham in April.

There were 3,272 charges brought in Durham in the Month of April 2013. 30% of these charges were issued to people identified as white, 70% of these charges were issued to people of color.

136 adult charges were issued to people 18 or younger. There were 9 charges issued to 16 year olds, 44 charges issued to 17 year olds, and 83 charges issued to 18 year olds. 20% of these children were white, and 80% were children of color. I do not have data on the number of juveniles brought into our system. That information is protected and not public.

281 charges were issued for simple possession of drugs, 88% were to people of color.

40 people were charged with resisting arrest, which usually indicates an officer who has lost patience with a suspect and is punishing them. Sometimes called 'contempt of cop' charges, 93% of those people charged in April were people of color.

828 charges were issued for no operators license or driving while license revoked, 85% of those charges were to people of color. People without lawful status are not allowed to get drivers licenses and are regularly stopped for having no license.


Because of the privacy associated with our juvenile system, I do not have the numbers for children under the age of sixteen brought into our system. I also do not have the numbers for suspensions in our schools based on race.

I have learned that nationally the statistics show that rates of suspension are racially disproportionate, and kids are suspended as a first, rather than a last resort; despite studies that show remaining in school is essential to avoiding gang affiliation and jail. (http://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-folder/summary-reports/out-of-school-off-track-reports-by-district )
Restorative Justice

On Monday, I went to the beautiful Duke campus in the York reading room of the Divinity School to hear my friends (Professor) Douglas Campbell and (Dr.) Amy Elliot share information from their trip to New Zealand where they learned how that country has replaced its juvenile system with Restorative Justice practices. When they passed the "Children, Young Persons, and Their Families Act" in 1989, the number of cases appearing in Juvenile Court dropped 80%.

This shifted the focus of the system from proving guilt and imposing punishment, to finding ways to bring young offenders together with their families and the victims of their crime to engage in "Family Group Conferencing."  The studies show that victims appreciate having more participation in the process, and offenders are less likely to re-offend when they have conferenced with the victim in the presence of their families.

The "Cautioning Program" run by the police, identifies the appropriate diversion for the child in conflict with the law, and helps repair the harm to the victims while involving the families of victim and offender.

As a student of Restorative Justice, I have learned that similar Restorative Justice practices have been used successfully in Canada, Australia, England, and in states around the United States.

Restorative Justice is an approach to criminal conduct that addresses victims’ harms and needs, holds offenders accountable to put right those harms, and involves victims, offenders and communities in this process.


 
Criminal Justice System
 
Restorative Justice
 
Crime is a violation of the law and the State
 
Crime is a violation of people, connected in relationships
 
Violations create guilt
 
Violations create obligations
 
Justice requires the State to determine blame (guilt) and impose pain (punishment)
 
Justice involves victims, offenders, and community members in an effort to put things right
 
Central Focus: offenders getting what they deserve
 
Central focus: victim healing, offender responsibility for repairing harm
 
Asks: What laws have been broken, who did it, what do they deserve
 
Asks: Who has been hurt, what are their needs, whose obligation is to repair harm?
 
Adversarial system of winners and losers
 
Collaborative processes and consensual outcomes
 
Determines guilt, issues punishment
 
Supports victims, looks at root causes of crime, finds healing for victims and offenders, supporting both

 
Underlying restorative justice is a vision of interconnectedness. We are all connected with each other in a web of relationships. When the web is disrupted by acts of crime, what is needed is healing processes which repair harm and hold people accountable. The current criminal justice system causes more harm, more disruptions to the web, by punishment and pain for perpetrators, and isolation for victims. Restorative Justice practices are characterized by a fundamental respect in the human dignity of every person, and their healthy inclusion in our community.

There are other places where restorative justice pre-charge diversion programs (cautionary/warning programs) are successful in taking care of our children rather than discarding them. (http://www.justice.gc.ca/eng/pi/yj-jj/res-rech/discre/descript/alt-rech.html#use )  My friend and colleague Professor Jon Powell has set up a similar program in the Wake County School system nearby, (http://law.campbell.edu/page.cfm?id=332&n=jon-powell ) There are similar programs in Oakland. (http://www.ousd.k12.ca.us/restorativejustice ). Restorative justice practices have been spectacularly successful in Northern Ireland. (http://www.youthjusticeagencyni.gov.uk/youth_conference_service/articles/a_restorative_justice_system_for_young_offenders_in_northern_ireland/ )

I am presently conducting pre-conference interviews preparing the victims and the offender for a family group conference. I am preparing to teach a Restorative Justice class at Guilford this summer. And I am imagining a day when there will be a RJ office in the Court house where victims can be involved in the process, and the focus can be on healing their harm.