Everyone agrees that the rioters must be punished; but what will be the best ways to serve justice – for victims, for our communities and for perpetrators? I was delighted to see today reported in the Guardian the news that the government will be initiating a community based “riot payback scheme”, though it remains to be seen how comprehensive or well thought out this will be.
In the past days we have moved from mob rioting to mob vengeance with calls from almost all parts of society for the most vigorous and punitive use of prison as appropriate punishment for the rioters. I vehemently oppose this on ethical and practical grounds while at the same time understanding the emotional response of fear and desire for revenge that it comes from.
This is the time to implement a massive programme of community based restorative justice.
This will not be a soft option for convicted rioters and will force them to repeatedly face the consequences of their actions, to face the individuals and community they abused and to make amends. It will not only provide the most likely means of rehabilitating the individuals but also would play a vital role in the even more important task of rebuilding of our communities and re-establishing the moral basis for our country. While there will be violent offenders for whom this would not be appropriate, they will likely be a minority.
In amongst the hysteria of the past days there have been obscene examples of court decisions the like of which ought to bring deep shame to anyone who believes in the rule of law and justice. To put on remand a mentally ill man for stealing cake or a 17year old for stealing M&M’s is repugnant and without precedent in modern times in the UK. Vast numbers of people bemoan the crisis in morals and the culture of avoiding responsibility – the remedy is not to abandon our moral compass in the dispensation of justice. It will take courage and leadership to stand up to the mob and I am deeply concerned that moral leadership on this issue is not coming from the 3rd sector at large or the public sector.
Aside from anything, under British Law a person is presumed innocent until proven guilty. As such, someone accused of a very minor offence ought not to have their liberty restricted unless they pose a clear threat to public order or until after they have been convicted of an offence that warrants it. Satisfying public calls for vengeance is not reason to give up on the central tenants and practice of our legal system that is admired across the world and provides one of the core foundations of our society.
From a practical point of view, as Frances Crook, CEO of the Howard League recently wrote in an excellent blog: “I doubt the efficacy of imprisoning a looter for months or years will instil in them a new found and firm civic duty and sense of community responsibility… Would it not be better to sentence them to some community service so they work in their neighbourhood to repair the damage in constructive way. Everyone would benefit from that.”
Further, prisons are over capacity already and are incredibly expensive on the state and there is scant evidence that they work, in fact on the contrary. Reoffending rates are disgracefully high and as the saying goes: “prison is an expensive way of making a bad person worse”.
The fact that some of the rioters have already been through the criminal justice system and spent time in prison, itself shows the ineffectiveness of the prison system to moderate and change behaviour. We must do something different.
So what might restorative justice look like?
- Training of community members to facilitate and manage restorative justice in their community
- Work with victims to support them to be able to listen to the people who committed crimes against them
- Work with convicted rioters to have them appreciate the gravity of the crime they committed and appreciate the consequence of their actions
- Facilitated dialogue between victim and perpetrator where the victim is able to express their feelings and experience and the perpetrator is able to appologise
- Creative thinking on how reparation can be made.
- Design and implementation of restorative work by the perpetrator
- Community meetings where community members can address the perpetrators in a controlled manner
- Community activity by perpetrators to improve the local area
This approach would bring something positive out of the ashes of the riots.
- It would allow for victims to speak directly to perpetrators
- It would predictably be more likely to result in rehabilitation of offenders
- It would leave a legacy of community facilitators of restorative justice
- It would be in itself a process of community healing
- It would enable us as a country to hold our head high in how we have dealt with the consequences of the riots – putting our principals into practice
- It will also be the most cost effective means of distributing justice which is not irrelevant in this economic climate
We must learn from the extraordinary compassion and humanity of people such as Mr Jahan (and Ashraf Rossli), and take the hard road of peace and reconciliation not the easy low road of retribution. If Mr Jahan can do this in the face of an unimaginably devastating experience, then so can we all – and shame on us if we do not do so.
This would truly be the application of justice: for victims, for our communities and for the perpetrators. With this in mind, I also urge magistrates and judges to follow the guidelines set out for both decisions on whether to place accused on remand and for subsequent sentencing.
In the words of Martin Luther King:
“The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”
So, what do we stand for in terms of justice, both collectively and individually? It is time we decided and then acted accordingly.
Really important post. It’s symptomatic how those court decisions have mirrored both the hysteria of the rioting and the hysteria of its reaction. I wonder if the desire to speed up the justice system so much that it goes off the rails is a subconscious desire to sweep up the causes of rioting under the carpet?
Think this sentence reflects that “The fact that some of the rioters have already been through the criminal justice system and spent time in prison, itself shows the ineffectiveness of the prison system to moderate and change behaviour.”
It will be interesting how the community organisers being trained up that are based in the areas who were affected by the riots will be able to explore these issues with their communities.
We definitely need creative thinking for community-based restorative justice. How can we support people who still feel raw (victims and rioters) about the experience through this process?
Excellent post Jonny! The most positive thing I’ve read in moving forward from all of this! I’m sure you’ve thought of this, but I wonder if, in light of all this, KZ should put a proposal together – to the Howard League, or possibly more directly to the Home Office – to see about the potential here, ‘while the iron’s hot’ so-to-speak?
I think you’ve already got a strong basis here… would be more than happy to talk about places it should be read… for now I’ll RT… thanks for writing this!
Liam
Excellent post. The thing is, of course, that this takes time and thought and the government is more concerned (nderstandably, if not justifiably) that the media and public perceive they’re taking swift action to stop the rot.
But you’re right – restorative justice is the way forward and it isn’t a soft option. Is it time for Britain to have its own Truth and Reconciliation Commission?
Jonny – this is a great basis for a sensible and creative approach. I hope we can get it into wider discussions
Another vote for the wider debate. Wonder where there might be a space for collaborative policy making or responses, wiki-style.
Jonny, your post strikes me as a great starting framework for a policy response. It’s the kind of thing that could be polished in a weekend sprint if a sufficiently engaged network were mobilized. Wouldn’t it be fun to have a space for ‘pop-up’ social policy development? Is there one already?
In the meantime, will RT 😉
I have never been a fan of retributive justice. It all seems so Old Testament! And it just does not seem to work. Restorative justice is a much better option and offers a way to integrate the criminal into their community rather than isolate them.
The big issue – as Noel notes above – is how organised the community really is. Clearly the riots have laid out a significant agenda for community organisers and I expect we will be listening to many citizens over the coming months about the causes of the riots and the fate of the looters. In Peckham, I’m proud to see the hope of the community taking post-it form! But an organised community is far better able to tackle both the riots themselves, dealing with the perpetrators and rebuilding community confidence and self-belief. A community that can determine its own agenda and shape its own response to these challenges will always be stronger and more robust.
If you think community organising might play a role in your proposal, I’d be happy to discuss how that might be best done.
Great post Jonny, it is helpful to consider a realistic alternative to what to me feels like a barbaric reaction to the riots. Surely dialogue and the potential for new relationships to be built is the most helpful way forward, when those affected are ready. As others have commented, I hope this is the beginning of a wider discussion which might lead to some creative and alternative approaches.
Expertly put Jonny, a well thought out post. The authorities could learn much from you/this, and I agree with others who say this could/should be taken further.
I have slightly differing opinions though – that restorative and punitive justice can and should walk hand in hand. There are offenders whose environment drives their offending behaviour, it is a danger to them and they become an increased danger to it, my opinion is that both should be separated. If the prison system was funded and resourced to work better, the rate of recidivism would not be what it is. I also think those convicted of violent crimes should be imprisoned, but that whilst there, a sense of humanity, personal development, respect for civil society and reparations should be integral to their rehabilitation.
Whichever side of the punitive/restorative track we walk, I am sure that we have a common purpose – to make justice better for good.
We said John its a pity others didn’t take on board your very sensible proposals
A well reasoned post and thought provoking. Having been involved in much work around restorative justice I just want to add a cautionary note to the debate.
Some people have experienced such emotional deprivation in their lives that they are completely impervious to the needs and feelings of others. This allows them to take part in restorative justice initiatives without it having any impact on their future views or behaviour. The necessary work is to provide intensive emotional awareness training to the point where it is clear and evident that the offender has developed empathy and understanding of the needs and rights of others. Without this restorative justice can become just a sticking plaster that makes people in the wider community feel better and feel that something is being done, in a similar way to retribution.
The work of repairing damage always takes years longer than the work of causing damage. We should be ready for a long haul.
Thanks for this. This is a huge topic and a great start for debate, thinking and shaping. A few thoughts to add to the pot: Teresa Cullen’s post reminds us that much work needs to be undertaken with perpetrators to prepare for this picture. I am also interested in looking more closely at what the collective community processes of restorative justice can achieve. This is not to rule out direct victim/perpetrator mediation but to suggest the collective as a starting point for consideration. It is a tall order for facilitators (or community organisers) to take on this role and a heads up for us all about the complexities. Restorative justice is still about justice and, in that sense, punitive – the potential for growth in communities and progression for individuals is immense – not so incarceration. Another job is to shatter the illusion that restorative justice is a soft option – this jars with the realisation that there is work to be done with communities to temper the hang-em flog-em reaction and make the process meaningful for all which leads to lasting change, not merely a punctuation resulting from physical removal for one party and confirmation that life has nothing to offer for the others