One of the penal system's actual functions, argued Foucault, is to isolate criminals from the social classes from which they have emerged, in order to forestall wider social rebellions. Of direct relevance, however, are questions concerning actual alternatives to the current dysfunctional system.
Philip Slater notes that our society has adopted what he calls the "toilet assumption": the belief that social unpleasantness, once flushed out of sight, ceases to exist. Our ideas about institutionalizing the aged, psychotic, prison inmates, the infirm, pollution, and radioactive waste are based on a pattern of thought that unwanted matter, difficulties, or complexities will disappear once they are removed from our field of vision. It is a gross form of denial.
What is now known as the "restorative approach" to trial and sentencing is quietly gaining positive attention around the world. (It needs to be said that it is not usually workable for the most disturbed and incorrigible offenders). In essence restorative justice is an approach that emphasizes responsibility, restitution and healing, rather than retribution. As an alternative to the "punishment model"- which is based on exile and blame - "restorative justice" holds that when a crime occurs, there is an injury to the community"and that this injury needs to be healed.
Restorative justice makes a clear and definitive effort to bring the offender back into the community, if at all possible - rather than closing him out. Advocates of restorative justice are not naà ¯ve and understand that there are some individuals who - for their own safety or the community's - must be confined.
But wounded communities have many other needs besides this form of protection, and these are currently being ignored. What are these needs?
Victims of crime need to be empowered in their search for emotional closure; they need to be actively supported in working towards recognition of the traumas that actually happened to them, and they often have a need to find a way to feel safe again.
Offenders, particularly when their crime has (or might have) affected others negatively, need - for everyone's sake - to come to a clear realization of the actual human impact of their behavior. Making and accepting concrete restitution to victims and communities can be an integral and very useful part of this process.
In this approach a balance is sought between the legitimate needs of the victim, the community, and the offender. What is sought is a type of "justice" that enhances community protection, the development of competency in the offender, and direct accountability of the offender to the victim and victimized community.
As for those who still believe the criminal justice system in its present state is working well, Bo Lozoff delivers this message via an imaginary letter written to "the system:"
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