Doing Justice To Doing Justice To and With Offendersand With Offenders

Rob WhiteRob WhiteSchool of Sociology and Social WorkSchool of Sociology and Social Work

University of TasmaniaUniversity of Tasmania

Justice as an IdealJustice as an Ideal

Justice is something that should be an Justice is something that should be an active participatory process that active participatory process that involves offenders, as whole persons, involves offenders, as whole persons, engaging in activities that make sense engaging in activities that make sense to them. Moreover, it should be done to them. Moreover, it should be done in ways that involve respect for and by in ways that involve respect for and by people, and that tap into the social people, and that tap into the social and emotional dimensions of the and emotional dimensions of the human experience.human experience.

Core Intervention ConceptsCore Intervention Concepts

► Nature, type and extent of intervention is now Nature, type and extent of intervention is now being discussed in ever greater detail and case being discussed in ever greater detail and case management models are being re-jigged to management models are being re-jigged to incorporate incorporate strengths-based approachesstrengths-based approaches and and concepts.concepts.

► The new ‘old’ thinking about rehabilitation and The new ‘old’ thinking about rehabilitation and reintegration is premised upon a high degree of reintegration is premised upon a high degree of client participationclient participation, , client choicesclient choices and and client client engagementengagement..

► The essential need for The essential need for collaboration collaboration andand forfor a a constellation of servicesconstellation of services has been highlighted has been highlighted across the board for diverse interventions. across the board for diverse interventions.

Offenders and Nature [O&N] Offenders and Nature [O&N] SchemesSchemes

Prisoners and probationers in the UK work Prisoners and probationers in the UK work alongside Forestry Commission staff or a alongside Forestry Commission staff or a Probation Supervisor on woodland sites, Probation Supervisor on woodland sites, carrying out tasks such as creating and carrying out tasks such as creating and maintaining footpaths, coppicing, maintaining footpaths, coppicing, fencing sites, brashing, tree planting, fencing sites, brashing, tree planting, small-scale felling and opening up dense small-scale felling and opening up dense vegetation to create more diverse vegetation to create more diverse habitats.habitats.

(See Carter & Pycroft, 2010)(See Carter & Pycroft, 2010)

Duality of ResponsibilityDuality of Responsibility

On the one hand:On the one hand:

Offender rehabilitation is a societal Offender rehabilitation is a societal imperative, to help balance the social imperative, to help balance the social disadvantages and personal injuries disadvantages and personal injuries suffered by many offenders. suffered by many offenders.

Society will benefit by giving Society will benefit by giving something to the offender in order something to the offender in order for them to go beyond offending.for them to go beyond offending.

Duality of ResponsibilityDuality of Responsibility

On the other hand:On the other hand:

Taking responsibility requires the Taking responsibility requires the individual offender to have an individual offender to have an interest in making things right, in interest in making things right, in repairing the harm, in addressing the repairing the harm, in addressing the wrongs.wrongs.

The offender has to give something to The offender has to give something to society, to someone else, for the society, to someone else, for the sake of doing the right thing.sake of doing the right thing.

Intervention for Whom?Intervention for Whom?► Petty crime and offender histories – building a Petty crime and offender histories – building a

track recordtrack record► Serious crime and family histories – home is Serious crime and family histories – home is

where the problem stems, or ‘home’ has been where the problem stems, or ‘home’ has been taken awaytaken away

► Co-morbidity and personal trajectories – Co-morbidity and personal trajectories – mental illness and drugs are only the mental illness and drugs are only the beginningbeginning

►Ordinary people doing bad things – rich and Ordinary people doing bad things – rich and poor, who do it for greed or needpoor, who do it for greed or need

►Damaged people doing bad things – the out of Damaged people doing bad things – the out of control and the brutalised who lack empathycontrol and the brutalised who lack empathy

Justice in DifferenceJustice in Difference

Justice will mean different things to different Justice will mean different things to different people. Offenders will respond differently people. Offenders will respond differently according to what ‘justice’ means for them, and according to what ‘justice’ means for them, and where they are at when it comes to where they are at when it comes to consciousness of their own actions and lives. consciousness of their own actions and lives. Justice, to be effective, needs to be tailored to Justice, to be effective, needs to be tailored to the individual, and to serve more than one the individual, and to serve more than one purpose. purpose.

Not Taking ResponsibilityNot Taking Responsibility

A vital part of responsibility is to acknowledge A vital part of responsibility is to acknowledge the doing of harm, and that you have the doing of harm, and that you have actually hurt somebody. Not all offenders actually hurt somebody. Not all offenders feel this way. According to them, they are feel this way. According to them, they are not the problem. not the problem.

Some offenders continue to treat people very Some offenders continue to treat people very badly, and are threatening to practitioners badly, and are threatening to practitioners and the community alike. and the community alike.

In many ways, these are the ones who most In many ways, these are the ones who most need assistance, support and a chance at need assistance, support and a chance at redemption. Yet, we exclude them. redemption. Yet, we exclude them.

Reflections on ‘Being Bad’Reflections on ‘Being Bad’We are who we areWe are who we are, since it is our biology (and to , since it is our biology (and to

a lesser extent our social upbringing) that a lesser extent our social upbringing) that ultimately determines our behaviour and ultimately determines our behaviour and temperament. Some are born bad.temperament. Some are born bad.

We are all born sinners/competitorsWe are all born sinners/competitors, and , and without strong social controls life would be short, without strong social controls life would be short, nasty and brutish. We are all born bad.nasty and brutish. We are all born bad.

No Man (Person) is an IslandNo Man (Person) is an Island, since we are all , since we are all attached to someone and to something. We are attached to someone and to something. We are raised to be bad.raised to be bad.

There is no Human Nature in the AbstractThere is no Human Nature in the Abstract, but , but only that developed under certain specific material only that developed under certain specific material social conditions. We are bad due to social conditions. We are bad due to circumstances.circumstances.

Being Selective: O&NBeing Selective: O&N

►Many offenders might benefit from Many offenders might benefit from doing physical work in small teams in doing physical work in small teams in natural environmentsnatural environments

►But only a small percentage of But only a small percentage of offenders are judged suitable and offenders are judged suitable and safe to participate in such schemessafe to participate in such schemes

►Only non-violent young offenders and Only non-violent young offenders and those living in varying degrees of those living in varying degrees of open prison conditions are eligibleopen prison conditions are eligible

‘‘Can Do’JusticeCan Do’Justice

The restorative perspective is driven by the The restorative perspective is driven by the idea that all offenders deserve respect and idea that all offenders deserve respect and dignity (they are persons), and that they dignity (they are persons), and that they already have basic competencies and already have basic competencies and capacities which need to be developed further capacities which need to be developed further (if they are not to re-offend).(if they are not to re-offend).

The emphasis is on what the person The emphasis is on what the person could could dodo, rather than what they , rather than what they should doshould do. .

What is important is that the offender What is important is that the offender accomplishes things at a concrete level, for accomplishes things at a concrete level, for themselves, including making reparation to themselves, including making reparation to their victim. their victim.

‘‘Want To’ JusticeWant To’ JusticeWhat people What people ought ought to do, and what they to do, and what they cancan

do, is further distinguished by what they do, is further distinguished by what they want want to do. to do.

Prisoners are involuntary clients (they are Prisoners are involuntary clients (they are held against their will) and individuals who held against their will) and individuals who have their own unique biographies and have their own unique biographies and social experiences (they understand social experiences (they understand themselves better than others do). themselves better than others do).

Most hate ‘rehab’ imposed from above; many Most hate ‘rehab’ imposed from above; many appreciate developmental opportunities that appreciate developmental opportunities that start from where they are at and how they start from where they are at and how they are feeling. Some don’t like anything.are feeling. Some don’t like anything.

Self-determinationSelf-determination

Making choices and decisions about one’s own Making choices and decisions about one’s own future, one’s own life and one’s own future, one’s own life and one’s own community.community.

Rehab ain’t badRehab ain’t bad- I want to make something out of my life, and I want to make something out of my life, and

it is now time for a changeit is now time for a change

Bugger offBugger off- I like my life as it is, and my family and my I like my life as it is, and my family and my

mates, so bugger off and leave me bemates, so bugger off and leave me be

Street Street RespectRespect

Street respect is forged in violence and Street respect is forged in violence and ‘being tough’. It is about establishing ‘being tough’. It is about establishing ‘street cred’ and maintaining one’s ‘street cred’ and maintaining one’s masculine ‘honour’. It is manifest in masculine ‘honour’. It is manifest in anti-authority and active disrespect for anti-authority and active disrespect for the law. This kind of respect rests the law. This kind of respect rests upon harm as central to the upon harm as central to the demonstration of status and demands demonstration of status and demands a sense of bravado. a sense of bravado.

Responding To Diverse Responding To Diverse AttitudesAttitudes

Emphasis on maintaining the human rights Emphasis on maintaining the human rights and dignity of all persons, including ‘hard and dignity of all persons, including ‘hard cases’cases’

Emphasis on each person as having capacity Emphasis on each person as having capacity to do good, but not being in environments to do good, but not being in environments conducive to making positive social choicesconducive to making positive social choices

Emphasis on acknowledging the distorting Emphasis on acknowledging the distorting effects of harmful acts and biological effects of harmful acts and biological conditions on ordinary people; ‘hard cases’ conditions on ordinary people; ‘hard cases’ are usually made not born, so change is are usually made not born, so change is possiblepossible

By By being given the chance to givebeing given the chance to give the the offender is provided hope. The act of offender is provided hope. The act of giving itself feels good. It is accompanied giving itself feels good. It is accompanied by a feeling of satisfaction. It is life by a feeling of satisfaction. It is life affirming. Thus, the inner world of the affirming. Thus, the inner world of the offender and the outer world of the society offender and the outer world of the society can be intricately linked and restored by can be intricately linked and restored by the process of giving. the process of giving.

Offenders have a responsibility to society to Offenders have a responsibility to society to do something to make things better. Even do something to make things better. Even the most hardened offender maythe most hardened offender may learn to learn to feel about the world in a different way, feel about the world in a different way, even if they are initially compelled to do even if they are initially compelled to do things they might not ordinarily do. things they might not ordinarily do.

The Chance To GiveThe Chance To Give

Strategic ForgivenessStrategic Forgiveness

Strategic use of forgiveness is essential in Strategic use of forgiveness is essential in motivating people to make things right, motivating people to make things right, and to instigate changes in their own life – and to instigate changes in their own life – for example, parole is granted for example, parole is granted on the on the conditioncondition that they take action in some that they take action in some way, by repairing harm and by engaging in way, by repairing harm and by engaging in programmes and services that will programmes and services that will enhance their personal development and enhance their personal development and wellbeing.wellbeing.

Seat belts save lives – even if wearing them Seat belts save lives – even if wearing them is based on coercion. Sometimes we need is based on coercion. Sometimes we need to be compelled to do the right thing. This to be compelled to do the right thing. This is about changing behaviour.is about changing behaviour.

Getting Their Hands DirtyGetting Their Hands Dirty

Offenders can be offered ‘strategic Offenders can be offered ‘strategic forgiveness’ that involves therapeutic forgiveness’ that involves therapeutic and work-oriented programmes. This is and work-oriented programmes. This is about doing something, and in many about doing something, and in many cases building the social competencies cases building the social competencies and skill levels of the individual. and skill levels of the individual. Behaviour change is fostered by Behaviour change is fostered by engagement and incentive.engagement and incentive.

Social Social RespectRespect

Social respect is achieved through the Social respect is achieved through the combination of acknowledging harm, combination of acknowledging harm, and giving something to the and giving something to the community, to each other, and to one’s community, to each other, and to one’s self. It is a status conferred upon us self. It is a status conferred upon us notionally, as in the case of human notionally, as in the case of human rights, or proactively, as in the case of rights, or proactively, as in the case of doing something deserving of beneficial doing something deserving of beneficial attention – this kind of respect demands attention – this kind of respect demands a sense of active pay-back and giving.a sense of active pay-back and giving.

Structured Pay-Back: O&NStructured Pay-Back: O&N

►Offenders carry out reparative work – Offenders carry out reparative work – repaying debt they owe to societyrepaying debt they owe to society

►Nature provider organisations benefit Nature provider organisations benefit from the ability to carry out work that from the ability to carry out work that is desirable but not done due to lack of is desirable but not done due to lack of resources (staff time unavailable or resources (staff time unavailable or contractor costs high)contractor costs high)

►Active conservation-management Active conservation-management practices and restoration of neglected practices and restoration of neglected habitatshabitats

Empathetic ForgivenessEmpathetic Forgiveness

Giving is one of the most meaningful acts for Giving is one of the most meaningful acts for humans, and makes us feel good about humans, and makes us feel good about ourselves and to value the world and others ourselves and to value the world and others generally – we can repair the damage in generally – we can repair the damage in ways that make sense and generate pride. ways that make sense and generate pride. Getting prisoners to give something back to Getting prisoners to give something back to communities can change how they communities can change how they feel feel about those communities and about about those communities and about themselves.themselves.

For some offenders, this is a possible change For some offenders, this is a possible change from within. They wear the seat belt because from within. They wear the seat belt because over time they associate it with their own over time they associate it with their own safety. It is no longer due to compulsion. safety. It is no longer due to compulsion. This is about changing feeling and thinking. This is about changing feeling and thinking.

Self Self RespectRespect

Self respect is about being able to Self respect is about being able to achieve a sense of one’s self as being a achieve a sense of one’s self as being a good person. For all of us, this means good person. For all of us, this means dealing with the harms we have dealing with the harms we have received and that we have perpetrated, received and that we have perpetrated, in ways that allow us to nevertheless in ways that allow us to nevertheless continue into the future in a positive continue into the future in a positive way – this kind of respect demands a way – this kind of respect demands a sense of the victim (including the sense of the victim (including the offender themself) and of victimisation.offender themself) and of victimisation.

A Breath of Fresh Air: O&NA Breath of Fresh Air: O&N

►Socio-economic deprivation Socio-economic deprivation correlates strongly to poor correlates strongly to poor environmental quality, including lack environmental quality, including lack of access to natural green spaceof access to natural green space

►Contact with natural places supports Contact with natural places supports both physical and mental healthboth physical and mental health

►Such work can have a ‘calming’ and Such work can have a ‘calming’ and ‘focusing’ effect on offenders‘focusing’ effect on offenders

►Aspects of ‘eco-therapy’ viz co-Aspects of ‘eco-therapy’ viz co-morbidity, due to capacity of nature morbidity, due to capacity of nature to calm, heal and inspireto calm, heal and inspire

Two-Way BenefitTwo-Way Benefit

Both society and the offender benefit from Both society and the offender benefit from the offender the offender taking social and moral taking social and moral responsibility for offending.responsibility for offending.

Society then feels justified to help balance Society then feels justified to help balance the social disadvantages and personal the social disadvantages and personal injuries suffered by many offenders.injuries suffered by many offenders.

Both society and the offender benefit from Both society and the offender benefit from society society giving something to the giving something to the offender that helps them to go beyond offender that helps them to go beyond offendingoffending

Re-Constructing OffendersRe-Constructing Offenders

If those from the most economically If those from the most economically and socially marginalised and socially marginalised communities can be portrayed as communities can be portrayed as ‘deviant’ and inherently criminal and ‘deviant’ and inherently criminal and evil, then people will be less willing to evil, then people will be less willing to consider the fact that they constitute consider the fact that they constitute the social groups with the highest the social groups with the highest rates of unemployment and poverty.rates of unemployment and poverty.

We can change the perception and the We can change the perception and the stereotype through community-based stereotype through community-based programme and service intervention.programme and service intervention.

Community Reactions to O&NCommunity Reactions to O&N

►Experiencing positive outcomes of Experiencing positive outcomes of ‘punishment’ system; form of ‘punishment’ system; form of ‘reparation’ and ‘reconciliation’‘reparation’ and ‘reconciliation’

►Experiencing offenders as ‘working Experiencing offenders as ‘working people’ and ‘fellow human beings’ people’ and ‘fellow human beings’ (part of restorative process)(part of restorative process)

Communities and OffendersCommunities and Offenders

Building a sense of empathy – with other Building a sense of empathy – with other people, with victims, with themselves – is people, with victims, with themselves – is about being connected and social about being connected and social belonging. Doing something meaningful belonging. Doing something meaningful can assist the process of building can assist the process of building community. Shared experiences and community. Shared experiences and shared knowledge helps to create, shared knowledge helps to create, maintain and build a (positive) maintain and build a (positive) community where none may have existed community where none may have existed before.before.

Part of Something: O&NPart of Something: O&N

““It’s nice feeling part of society again…It’s nice feeling part of society again…instead of being behind a wall or a instead of being behind a wall or a fence where you are cut off from the fence where you are cut off from the rest of the world”. rest of the world”.

ParticipantParticipant

Importance of becoming part of a team Importance of becoming part of a team and reliance upon each other. and reliance upon each other.

The Ideal PracticeThe Ideal PracticeIdeally, intervention strategies should involve Ideally, intervention strategies should involve

positive, active participation of, and partnerships positive, active participation of, and partnerships between, government, state organisations, non-between, government, state organisations, non-government agencies and the wider community. government agencies and the wider community.

Ideally, community-building perspectives see issues Ideally, community-building perspectives see issues such as crime and safety as being related to such as crime and safety as being related to wider social problems such as unemployment and wider social problems such as unemployment and substance abuse. substance abuse.

Ideally, community-oriented measures are meant to Ideally, community-oriented measures are meant to be about social inclusion through a variety of be about social inclusion through a variety of measures that enhance community participation measures that enhance community participation and the use and availability of local resources and the use and availability of local resources through community development strategies. through community development strategies.

Scarce ResourcesScarce Resources

One commentator observes: One commentator observes: ‘‘any major expansion of existing services is any major expansion of existing services is unlikely, yet those that exist are inadequate, unlikely, yet those that exist are inadequate, particularly in the areas of housing, particularly in the areas of housing, substance abuse treatment, and substance abuse treatment, and employment. Recognizing this, employment. Recognizing this, policymakers, program administrators, and policymakers, program administrators, and advocates hope case managers can ensure advocates hope case managers can ensure that clients receive the most appropriate set that clients receive the most appropriate set of services from existing resources, with the of services from existing resources, with the maximum possible benefit’.maximum possible benefit’.

The net result is more work for practitioners, The net result is more work for practitioners, and more selective and exclusive choices in and more selective and exclusive choices in what offenders can undertake.what offenders can undertake.

Constraints to O&N SchemesConstraints to O&N Schemes

►Work placements and learning schemes Work placements and learning schemes depend upon having adequate numbers depend upon having adequate numbers of supervisory staffof supervisory staff

►Overcrowding within prisons can Overcrowding within prisons can disrupt rehabilitative programmes and disrupt rehabilitative programmes and chew up institutional budgetschew up institutional budgets

►The categorisation of prisoners through The categorisation of prisoners through ‘risk’ assessment processes can ‘risk’ assessment processes can undermine their potential selectionundermine their potential selection

Practitioners Count TooPractitioners Count Too

At the coalface of practice, serious questions At the coalface of practice, serious questions can be asked about workloads (number of can be asked about workloads (number of cases, working with people who demand cases, working with people who demand more intensive service provision), workplace more intensive service provision), workplace support (high staff changeover, professional support (high staff changeover, professional development opportunities), and workplace development opportunities), and workplace dynamics (low morale, stress). dynamics (low morale, stress).

Much of the rhetoric associated with Much of the rhetoric associated with intervention includes reference to concepts intervention includes reference to concepts such as ‘resilience’, ‘capacity building’ and such as ‘resilience’, ‘capacity building’ and emphasising the existing strengths of emphasising the existing strengths of people. How are these attributes to be people. How are these attributes to be fostered in those who are meant to deliver fostered in those who are meant to deliver them to others? them to others?

What Ought To Be?What Ought To Be?

Offenders individually should be Offenders individually should be punished for their wrongdoing.punished for their wrongdoing.

Offenders collectively should repair the Offenders collectively should repair the harm of what they have done.harm of what they have done.

Offenders should be supported in Offenders should be supported in transforming both themselves and the transforming both themselves and the community conditions that lead to community conditions that lead to harms being done in the first place.harms being done in the first place.

We have to do justice to people in the We have to do justice to people in the same moment that we get them to do same moment that we get them to do justice for us. justice for us.

Final QuestionsFinal Questions

What do we mean, in practice, when we say that ‘one What do we mean, in practice, when we say that ‘one size does not fit all’? Do we exclude those who size does not fit all’? Do we exclude those who don’t fit? The hardest cases demand the most don’t fit? The hardest cases demand the most resources and most imaginative thinking – resources and most imaginative thinking – otherwise it is the easy fits who get the otherwise it is the easy fits who get the opportunities.opportunities.

How is it possible to tailor intervention for each How is it possible to tailor intervention for each individual offender when resources are scarce and individual offender when resources are scarce and practitioners stretched? practitioners stretched?

How can we push the politics of law-and-order in How can we push the politics of law-and-order in ways that can materially produce greater ways that can materially produce greater opportunities for offenders to do something, to give opportunities for offenders to do something, to give to others, and to be part of wider social changes?to others, and to be part of wider social changes?