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Friday, June 19, 2009

"Where all think alike, no one thinks very much." - Walter Lippmann

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"The three principles of restorative justice are offender accountability, victim restoration and community involvement to heal the harm caused by crime... The goal of restorative justice was to heal the victims, for perpetrators to take responsibility for their actions and make meaningful restitution and for governments and communities to be part of the process...

Most people, I think, believe that prison or jail should be a horrible experience. People don't think of it as a deterrent so much as just deserts. 'They' hurt 'us,' therefore 'we' should hurt 'them.' For years, politicians have won elections by promising to take away cable television and weight rooms and anything seen to make prison cushy. We have a culture where jokes about prison rape are made out in the open. The prevailing wisdom is that prisoners deserve to be treated like animals; they should fear prison and suffer while they are there. Anyone who has spent time working with prisoners knows this has largely come to pass. What most people don't realize is the consequences of making prisons a living nightmare. Most of the inmates I'd worked with, particularly when I was a law intern, felt punished, but not many of them took responsibility for their crimes, or felt any remorse.

Martin Aguerro, the pedophile, the first client I had when I started in 1980, was a case in point. He complained about the squalid treatment and living conditions in jail, he felt wronged, but I never got the sense that he thought about his crimes. In fact, everything about the system of prosecution and defense is set up so that criminals get into a habit of denying their responsibility. Every step of the way between the arrest and the trial, people accused of crimes deny everything, or keep silent. It's what their defense attorneys tell them to do. After their trial, if they're convicted, many don't change their mind-set. Why should they? To truly confront what they've done requires confronting the shame and fear and the reality of their situation. Few people choose to do this, because it's difficult. After all, it's hard for noncriminals to take responsibility for doing the wrong thing, much less someone sitting in a prison cell. So criminals blame someone or something else - the cop who caught them, or their lousy upbringing - for their circumstances and spend their time growing angrier and angrier about being treated like an animal. They are usually full of rage when they are released, and less prepared to function as citizens; the predictable products of the monster factory."

--- Dreams from the Monster Factory: A Tale of Prison, Redemption, and One Woman's Fight to Restore Justice to All / Sunny Schwartz and David Boodell
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