Punishment is a lodestone, politically at least, of the
justice system. That “punishment” may well make a bad situation worse is
completely ignored. Which is one reason why the criminal justice system is held
in contempt by all parties, defendants as well as victims. After passing
through a brutal process, no one involved emerges either satisfied or feeling
better for the process.
Prison damages. After a crime that has caused harm, our
response is a process which adds further harm. It takes a person (mostly a man)
and separates them from their families. They may lose their relationships,
placing higher burdens on State benefits and increasing the chances of their
children wandering from the path of a decent life. They lose their job, maybe a
whole professional career and will find it extremely difficult to return to a
productive meaningful life. The costs to the individuals is huge and the cost
to society is ridiculously high. The whole machine is geared at causing harm
and it does so with brutal efficiency.
Throwing the word “rehabilitation into this seems quite
ridiculous. It is the equivalent of blinding a man and then handing him a map
of the road back to good. It is a nonsense, and we will reap the costs of that
for so long as any policy maker suggests that prison can be even remotely a
positive experience. Which is not to say that there are no alternatives; only
that we, as a society, prefer the government to deal with the social trash
rather than getting our hands dirty.
We should reclaim our criminals, if for no other reason than
the government is doing such a lousy job with them. We could render
imprisonment a niche in the criminal justice system, an odd relic that we may
wonder why we fetishized in the first place. As a 200 year old experiment, the
evidence is in – prison doesn’t work and so communities should accept the
challenge of dealing with its most difficult members.
Canadian communities found themselves thrown into action
some years ago in response to a sex offender panic. The government has altered
sentencing laws which meant that sex offenders served every day of their
sentence and then released into the community. Without supervision. It served a
populist cause but saw communities having to deal with high risk sex offenders
all by themselves.
It was the Mennonite church which stepped into the gap in
the first instance and created a scheme which protected the community from the
criminal and the criminal from the community. This became “Circles of Support
and Accountability”. Short of a new offence being detected, government was out
of the loop. And this concept was such a success that the K imported it, albeit
in a different legal framework, to some success
It is a labour intensive form of community response. If
necessary, with the highest risk ex prisoners, volunteers accompany them for 24
hours a day, challenging their behaviours whilst also assisting them to
reintegrate and rebuild their lives. It is a deal from which everyone benefits.
There is no reason why we cannot respond to all but an
extreme handful of criminals in this way, retaining them in the community. Except
we chose not to; we prefer to write government a cheque to deal with the
problems on our behalf. Except we are not getting anything approaching a decent
return for our money and communities feel divorced from the criminal justice
system.
Criminals grow up in communities, they live in them and they
then harm them. It is in communities that our best chance of reclaiming people
lays. To shrug off our difficult members and hide them behind high walls is
short sighted, expensive, and ultimately futile.
Communities should reclaim their errant members and
challenge them, supervise them and reintegrate them. Criminals are not a separate
species or islands apart and fracturing their tenuous connections to their
communities – as imprisonment does – only subverts any hope of a future with
fewer victims. We need to decide to heal the wounds of crime, not to inflict
further hurt.