Issues

Articles addressing the difficulty of introducing restorative justice programmes and principles into the prison context.

An alarming Supreme Court ruling against an innocent man

by Lisa Rea It is hard to fathom the actions of the Supreme Court at times. This ruling is one of those times. Read the case of John Thompson, a wrongfully convicted man in New Orleans who spent 14 years on death row for a crime he did not commit. I have written of a case like this previously (i.e. exoneree Greg Wilhoit on Oklahoma's death row) but this case has a different twist. The exoneree was seeking compensation from the District Attorney for the years he spent on death row because a prosecutor who worked for his office hid evidence that would have freed him---a blood test among other things. The Supreme Court ruling (5-4) written by Justice Clarence Thomas states that while there was "misconduct" by the prosecutor (Ginsburg points out there were actually four prosecutors involved), that "did not prove deliberate indifference" by the District Attorney.

An update on Greg Wilhoit

This is an update on Greg Wilhoit. As I said to Greg's sister, Nancy, I am thrilled to hear of his remarkable recovery since six months ago most of us thought he was going to leave us. But God had other plans. Greg is doing so well that he is walking (with the help of a walker) when it looked like he would never walk again. We are very thankful. He also has some big news: he is getting married this month in Oklahoma to Judy, a woman he's known for 25 years! Greg will be honored in Texas in October 2010 during an event hosted by the Journey of Hope: From Violence to Healing when the organization barnstorms the state with its message of hope and healing as it embraces restorative justice and stands against the death penalty.

New UNC Senator laments tragedy of T&T prison system

from Jai Parasram's blog: Opposition Senator Verna St Rose Greaves made an emotional appeal to government Tuesday to improve prison conditions in Trinidad and Tobago as part of a strategy for dealing with crime. In her maiden speech in the Upper House, St Rose Greaves spoke about the country's high crime rate and in particular the recent murder of four members of one family. “When they rolled those four coffins out, it rocked me to my core. So if I cry, I apologise, but I cry for the nation as we have ignored our responsibilities,” St Rose Greaves said in her contribution to the debate on the Prison Amendment Bill.

Greg Wilhoit: The story of an innocent man

by Lisa Rea I have a friend whose name is Greg Wilhoit. His story is a remarkable one. He is an exoneree who was freed from death row in Oklahoma after having served time for a crime he did not commit. He was convicted and sent to death row for the killing of his wife. The only incriminating "evidence" which convicted Greg Wilhoit was teeth marks found on the victim's body. Dental "experts" said the teeth marks matched Greg's. His story is on the website of The Journey of Hope: Greg is active with the Journey, as are many exonerees, as he tells his story of America's broken criminal justice system.

The Monitor's View: Seattle cop-killer case – the exception, not the rule

from the Christian Science Monitor's editorial: The case of the ambush and killing of four police officers in a coffee shop near Seattle on Sunday is exceptionally troubling – emphasis on exceptionally. Four police officers shot, execution-style. Their families struggle to recover as they mourn. The suspect, Maurice Clemmons – released from jail just days before the ambush, despite a long history of violent crime and known mental problems. After a massive manhunt, he's dead, too, shot early Tuesday by a policeman investigating a stolen car. The extraordinary nature of this crime is why it's captured the nation's attention. But it's also a reason for caution. High-profile crimes have a tendency to rank emotion over reason when it comes to the criminal justice system.

Johnstone, Gerry. Restorative Justice and the Practice of Imprisonment.

This paper explores the implications of these tenets for the practice of imprisonment. One implication seems clear: restorative justice, by putting in question a core belief underlying the practice of imprisonment, raises serious questions about the validity of the practice. More recently, however, restorative justice advocates have become more interested in reforming the practice of imprisonment in line with the principles of restorative justice. This development is controversial within the restorative justice movement, with many advocates arguing that restorative justice is best pursued, ‘not as a policy of prison reform but as an alternative to prison’ (Guidoni, 2003: 66). This paper will examine the arguments of those who are sceptical about ‘restorative prison’ projects. (excerpt)

. Restorative justice in prisons

Restorative Justice (RJ) has found significant utility outside the prison setting. For many reasons, it has not received the same level of consideration inside the institution...Although RJ has the potential to have a positive impact on the work of prisons and the experience of imprisonment, it has not found wide acceptance and is currently limited to a relatively small number of prisons and then often only delivered in partial platforms. We believe that RJ has a realistic future in prison settings and that the contradictions that may be identified are not debilitating. (Excerpt)

Khoza, V. I. and Potgieter, P. J. and Cilliers, C. H. and Khoza, V. I. and Michell, L. J. and Potgieter, P. J.. Correctional Officers' Perceptions of Restorative Justice

The contemporary criminal justice model has focused heavily on retribution and on the punitive punishment of offenders. Shifts have been occurring in this dominant criminal justice ideology that push for more restorative models of justice, which involve the active participation of the offender, victim, and community in restoring justice to all parties. An integral part of this process is the acceptance of responsibility by the offender. The current study assessed how correctional officers at seven correctional centers in South Africa perceive aspects of restorative justice. Participants were 401 arbitrarily selected correctional officers, representing all ranks, who completed a closed, structured questionnaire that probed perceptions of restitution, restoration between the offender and victim, rehabilitation, and prison overcrowding. Results are delineated based on gender and rank of responding correctional officer. Overall, the findings suggest support for a restorative justice model, particularly the aspects of monetary compensation for crime victims and the rendering of services by offenders to communities impacted by their offenses. Results also indicate that correctional officers believe a restorative justice model can reduce recidivism and reduce prison overcrowding. Abstract courtesy of National Criminal Justice Reference Service, www.ncjrs.org.

Biermans, Nadia. Restorative justice and the prison system

For about two years now, Nadia Biermans, along with others, has been trying to apply restorative justice ideas and practices in Flemish prisons. Based on her experiences, in this paper she raises some questions and makes certain observations about restorative justice in the prison system. She begins by explaining how restorative justice in Belgian prisons began and how it is organized. This leads to discussion of the question of whether restorative justice has a place in prison, the issue of educating and persuading the wider public about restorative justice, and successful ingredients for introducing restorative justice in prisons.

Hagemann, Otmar. Restorative justice in prison?

According to Ottmar Hagemann, programs that could be classified as forms of restorative justice are currently being implemented in prisons in various countries. In this vein, Belgium has recently introduced what are called restorative justice consultants. One works in every prison in Belgium. Yet, inquires Hagemann, is the concept of restorative justice compatible with imprisonment? Hagemann explores the question by discussing abolitionism (advocacy for the elimination of prisons in favor of alternative forms of conflict resolution), restorative justice and abolitionism, the scope of restorative justice in terms of what crimes are and can be addressed, empirical evidence with respect to an in-prison program focusing on offender empathy for victims, and links between restorative justice theory and actual practice in prison settings.