Restorative justice and the diaconate

A Reflection

By Deacon John Storm

May 2015

RESTORATIVE JUSTICE AS A

DIACONAL MINISTRY

OBJECTIVES

• To review concepts of restorative and social justice

• To connect the role of a deacon with social and restorative justice

• To invite deacon candidates to participate in restorative and social

justice ministries

IN THE BEGINNING

A Short History of Crime

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ESCALATION Harm is

Done

The

Person

Harmed is

Avenged

Vengeance

Leads to

Vendetta

Vendetta

Leads to

Feud

Feud

Leads to

Warfare

AN ANCIENT DILEMMA:

HOW TO RESPOND TO CRIME?

HISTORICAL RESPONSES TO CRIME

• Retributive: Punishment

• Vengeance

• Retaliation

• Restitution

• Preventive

• Incapacitation

• Deterrence

• Rehabilitative

• A medical model treating the offender as a patient to be “cured”

CATHOLIC RESTORATIVE JUSTICE MINISTRIES

• Catholic

• We act as representatives of the Catholic Community

• We act as representatives of the Catholic Church


• Restorative

• What’s being restored?

• Relationships

RELATIONSHIP

• Relationship is first and foremost an association between

persons – it is an interpersonal association

• The endurance of relationships ranges from fleeting to

enduring

• Relationships also involve interdependence

• “Interdependence is and ought to be as much an ideal

of man as self-sufficiency” (Gandhi)


• Justice

LET’S TALK ABOUT “JUSTICE”

WHAT IS JUSTICE?

• Justice is “the habit whereby a person renders to each his due”

• With a lasting and constant will

• To be “just”, then, means to owe something and to pay the

debt

• Justice is fidelity to the demands of a relationship

• Infidelity to our relationships = injustice

Justice is relevant to every relationship and to every situation and circumstance of life

There is no setting in which we do not have to take into account our responsibilities to others

What justice will require will differ depending on the nature of the relationships

But it will always be pertinent and can never be dismissed

RESTORATIVE JUSTICE

"We must be the change we wish to see in the world"

~ Mahatma Gandhi

RESTORATIVE:

• Having power to restore.

• To give back something taken away.

• To bring back to a former condition as by repairing or rebuilding.

RETRIBUTIVE SYSTEM QUESTIONS

▪ Who did it?

▪ What laws were broken?

▪ How will we punish the offender?

Restorative Justice views crime through a

different lens.

RESTORATIVE JUSTICE QUESTIONS

▪ What is the harm?

▪ What needs to be done to repair the harm?

▪ Who is responsible for the repair?

WHAT IS THE HARM?

• It is an injury to the victim, community, even the

offender

• Broken Relationships• We must recognize crime as an interpersonal conflict

WHAT NEEDS TO BE DONE TO REPAIR THE

HARM?

▪ Identify and clarify the harm that’s been done

▪ Include the victim

▪ Include the Community

▪ Assess the offender’s capacity to make

reparation

▪ Facilitate opportunities for the reparation to

take place

WHO IS RESPONSIBLE FOR THE REPAIR?

• The offender, not the state, has primary and personal responsibility for making things right with the victim and the community.

• The responsibility is shared by the agency,

the offender, their family, the community and

the victim.

HOW DO WE REPAIR HARM?

• Reduce risk

• Build community

ACCOUNTABILITY

• Taking direct responsibility

• Taking action to make things right

• Communities and victims actively determine response

• Offender feels obligation to victims and community

• Victims and community set community standards for behavior and consequences

• Not punishment

• Not being only responsible to State

COMPETENCY DEVELOPMENT

• Is building a skill that is valued by others

• Is more than an absence of bad behavior

• Is functioning in a meaningful, positive way

• Leaves the person stronger in character, more connected to community, remorseful, and empathetic

• Is recognizing one’s potential and building on that

• Comes from opportunities to lead, belong, mentor, contribute, form relationships, make choices, develop transferable skills

PUBLIC SAFETY INCREASES WHEN…

• Offenders develop internal controls

• Community members resolve conflict

• Community Justice is solution-focused

• Community Justice partnerships are developed

Community

Victim Offender

Justice System

RESTORATIVE JUSTICE IS. . .

• Healing the harm!

SO WHAT’S

CATHOLIC RESTORATIVE JUSTICE

Ministry

?

THE MINISTRY OF A CATHOLIC DEACON

• Tria Munera of Christ – Prophet, Priest King

• The Three Works of Deacons (SEE CCC 877)

• Service of the Gospel (Word)

• Service of the Liturgy (Altar)

• Service of Charity

THE SERVICE OF CHARITY IS MINISTRY TO

OTHERS

• Ministry to others takes many specific forms,

which can generally be described as Social

Justice or “Two Feet of Love in Action”

TWO FEET OF LOVE IN ACTION

MATTHEW 25 – OUR MANDATE

The Parable of the Ten VirginsWe must be vigilant

The Parable of the TalentsWe must use wisely that which has been given to us by the Master

The Judgment of the NationsWe shall be judged according to how well we see the face of the King in our poorest brothers and sisters

HOW TO RESPOND TO THE VICTIMS OF CRIME

HOW TO RESPOND TO OFFENDERS - WITH TRUTH

HOW TO RESPOND TO OFFENDERS – COMPASSION

HOW TO RESPOND TO OFFENDERS – WITH

WELCOME

HOW TO RESPOND TO OFFENDERS –

WITH PERSISTENCE

RESTORATIVE JUSTICE IN MANY FORMS

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Direct

Assistance

In-Direct

Assistance

Advocacy

Victims Pastoral Care

VOEG

Referral Legislative Action

Education

Offenders Pastoral Care

VOEG & GOTB

+ + +


Education

Families Pastoral Care

GOTB


Education

Others Pastoral Care Referral Advocacy in all

forms

Restorative justice and the diaconate

Spiritual