Restorative Measures in the American Criminal Justice System

of torture are more likely in under such a legal framework. There are disagreements concerning the ends and means of a particular case. One might dispute that the means are more important than the ends they realize. The question of ethics also crops up while dealing with such topics. Human rights activists hold that an individual, however inhuman he/she may be, needs to be treated ethically maintaining human dignity. An additional barrier towards legalizing torture is that a lot of thought and effort needs to be pumped in to make torture acceptable to all sections of the society. As long as these questions remain unanswered, more inclusive and compassionate approaches like community service would be ideal as the criminal justice system goes forward (Zehr, 2002).

Although community work would be too mild a sentence for crimes of great magnitude, they can be included as part of the overall package of convict rehabilitation and restoration. The appeal of community work lies in the greater public support it gets and also from the fact that such a program does not impinge on human rights considerations and the basic dignity of the sentenced individual, while at the same time guaranteeing the safety and protection of the civil society. These are some of the strengths of community work programs.

There is one other crucial factor which makes community work the first choice punishment in the criminal justice system – the failure of the conventional prison system and their tendency to psychologically disturb the prisoner. For example, recent research indicates that young offenders are more prone to suicidal tendencies than the control group. The researchers studied one large prison centre

in the United States and the statistics reveal a disturbing trend. The institute in question housed 500 prisoners in remand and 304 convicted ones. Most inmates were between the age of 18 and 35. In a span of ten months, between August 2001 and June 2001, four inmates hung themselves. The remand prisoners were forced to spend more than 80 % of their time inside the cell. New entrants to the facility found it difficult to socialize due to bullying by the older inmates. Most prisoners were in a state of “anxiety and vulnerability” due to the alien nature of their dwelling and their separation from close family members (Zehr, 2002). The techniques used by the prison officers to control and restrain these offenders were extremely harsh. On top of all this the inmate health care system was found to be inefficient. The prison staffs were found to lack morale and motivation to perform their duties. So, the suicides of 4 of these prisoners are attributable to conditions existing within the confines of the facility. Sadly, the above case was not a one-off. They represent the general state of prisons and detention centers across the country. A report released by a reliable human rights group, Helsinki Watch, supports the view that Overall, prisons are inadequate in providing its inhabitants with necessary emotional support. Community work programs on the other hand have proved more effective in terms of keeping the convict in better mental and physical health (Andrews & Bonta, 2003).

Of course, community work programs bring with them their own set of risks. For example, if the guilty individual is posted to a locality or

an institution with a history of discrimination or physical/sexual abuse, then there is a good likelihood that the community work enrollee will get into quarrels and altercations, if not give vent to more violent reactions. Moreover, the participant will have to fully commit himself/herself for the task assigned to him/her. Half-hearted efforts to serve the community will only result in making the individual vulnerable to commit further crimes and will ultimately defeat the restorative purpose. These are a set of drawbacks associated with the concept of community service as a remedial measure for social crimes (Mason, 1998).

There are human rights activists, who take a more compassionate view of the flawed behaviors of criminals. The implication here being that relatively un-oppressive punishments such as imposition of so many hours of community work is more legitimate when compared to harsher punishments. But, it should be borne in mind that

“The human rights movement is based on the need for a counter-ideology to combat the abuses and misuses of political authority by those who invoke as a justification for their activities, the need to subordinate the particular needs of the individuals to the general good. The stance of the rights workers in the long haul benefits a few persons in comparison to the safety and security of the entire society.” (Andrews & Bonta, 2003)

Hence, we need to gain a more nuanced understanding of the nature of civil liberties and how the rights of individuals square off against that of the community, before deciding on the right approach to punishing criminals.

Another area where community work holds an advantage over traditional measures of justice is its long-term effects

on the guilty individual. Studies have documented how convicts, having completed their prison terms find it difficult to reintegrate into society, making them more vulnerable for repeating violent behavior, which landed them in prison in the first place. It also has to be remembered that any opportunity for social interaction in the prison environment can also be an opportunity for sexual experience. Correctional programs will not work without an atmosphere of camaraderie and a sense of belonging. Hence, the solution lies in balancing between these two necessities. Admonishments and physical restraints have obviously failed to improve the inmates’ wellbeing, as several studies indicate. Moreover, such ex-convicts are prone to indulge in deviant sexual behavior when they come out of their detention centers, making a strong case for holistic and accommodative punishments as community work (Andrews & Bonta, 2003).

The debate on the efficacy of conventional punitive measures of the criminal justice system, such as imprisonment and monetary penalty has a long history. But such measures do not take into account the fact that the reasons behind crimes comprise of a broad spectrum of causes, ranging from socio-economic factors, level of education, physical or emotional abuse and even genetics. So, designing a system of that would factor-in these causes and attempt to remedy the roots of the malady has now become imperative. While community work program are not a panacea, they help mitigate the problem to an extent.

Works Cited:

Andrews, DA & Bonta, J., The Psychology of Criminal Conduct, ISBN 1-58360-544-4, published in 2003

“Is torture ever justified? Terrorism and civil liberty.,(All democracies eschew torture, but some are ambivalent).” The Economist (US) 384.8547 (Sept 22,

2007): 72US.

Mason, W. A., Zimmerman, L., & Evans, W. (Oct 1998). Sexual and physical abuse among incarcerated youth: implications for sexual behavior, contraceptive use, and teenage pregnancy. Child Abuse and Neglect, 22, n10. p.987(9).

Zehr, H, Little Book of Restorative Justice, ISBN 1-56148-376-1, published in 2002