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restorative justice Sherri Sunday, February 6, 2011

Question:

This year my children’s Catholic grade school has implemented a new discipline program called restorative justice. Very little info has come home and only one meeting so far on this new program. They have already incorporated this into my children’s classrooms. The kids sit around in a circle (peace circles) while talking about their “feelings” when someone is being a bully or has done something wrong. My husband and I strongly disagree with this method of discipline. We feel its roots are based on paganism. We have tried looking up info on the internet about this restorative justice, but the findings are mostly one sided. I can only find one Catholic website briefly mentions of this topic (woman of grace) and it was skeptical of this program.

My question is Do you have any info on this restorative justice program and if so, what are its origins? Are they against Catholic teaching?


Thanks and God Bless.



Question Answered by Bro. Ignatius Mary, OMSM(r)

Sherri:

Grade-school aged children do not have the brain structures needed to make the restorative justice method very effective as a substitute for traditional disciplinary measures. The brain is not fully formed until around 20-21 years of age. The last structure to develop is the part of the brain responsible for wisdom.

A limited and modified form of Restorative Justice may be used with these kids. But, the method is really not designed for children, in my opinion. It is, rather, primarily designed to deal with issues of Criminals and Victims in the Criminal Justice System.

When we discipline children, most of us may try to explain to the child what they have done wrong, help them to understand why their actions are wrong, and perhaps even have the child who was the object of misbehavior express their feelings about being bullied, for example. To apply discipline without talking to the child about why would be cruel. But, this does not replace more direct forms of discipline.

The needed brain development that gives us the ability for compassion, empathy, concern for others, and wisdom is just not fully developed in younger children. Children are, in essence, narcissist. Their ability to fully understand the consequences of their actions (as it relates to the effects upon others), how the other child may feeling, etc. is just not there to the degree needed for the Restorative Justice method to have a major impact.

Children will understand corporal discipline such as time outs, detention, suspension (when followed-up by parents supporting the suspension and taking measures at home), and calling parents to school to discuss misbehavior (assuming the parent does something about it at home). Corporal discipline is effective because it effects the child's ability to do as he pleases. This, and not a mere philosophic discussion or appeal to empathy, will be more effective with the pre-teen child.

Those who are trying to use this method as a replacement for other disciplinary measures in the setting of a grade-school are probably fueled by politically correct ideas and other nonsense educative philosophies that have been asserted for the last fifty years by progressive liberal camp. Such nonsense as "outcome-based education" is another product of the warped minds of liberal "educators." Such "theories" of education has damaged several generations of children.

Restorative Justice is a valid approach in dealing with crime and violence in the Criminal Justice system and in sociological negotiations (such as neighborhood feuds) . It has been successful in that context. As mentioned, children do not have the necessary brain development to successfully participate in this method when it is the only method offered. Restorative Justice, however, may have some value with teenagers (the older the teen the more likely this method will work).

The principles of Restorative Justice are founded on fundamental teachings of Christ (whether or not those who developed the method know that), in that it is an alternative to revenge, seeks to affirm the human dignity and worth of all involved, and holds accountable those perpetrator toward things we recognize as Catholics: contrition, repentance, firm purpose of amendment, penance, and reparations.

As one blurb from restorativejustice.org states:

Restorative justice emphasizes repairing the harm caused by crime. When victims, offenders and community members meet to decide how to do that, the results can be transformational.

Restorative programmes are characterized by four key values:

  1. Encounter: Create opportunities for victims, offenders and community members who want to do so to meet to discuss the crime and its aftermath
  2. Amends: Expect offenders to take steps to repair the harm they have caused
  3. Reintegration:  Seek to restore victims and offenders  to whole, contributing members of society
  4. Inclusion: Provide opportunities for parties with a stake in a specific crime to participate in its resolution

This method deals with human beings as human beings and not merely as law-breakers and victims. It restores the fact that a crime is against another human being and not the State. It serves to restore, reconcile, and heal rather than to seek revenge and retribution.

Right now, even if the victim forgives the person who harmed him, the state steps in to administer revenge, not just to hold the person accountable through punishment, but to administer revenge in the name of the State. That is the basis of the phrase, "Law and Order." It is not Law and Justice, but Law and Order. In the economy of Order revenge is the necessary application of Law. The human person is  not in the equation. Order is served for its own ends even if the effects are harmful to the perpetrator, the victim, and the society of humanity as a whole. All that matter is Order, and the Law is the Sword that enforces it. Order is so important that 10,000 of innocent people are incarcerated in the name of Order. Countless Prosecutors will go after a conviction because they are politically pressured to get a conviction. In this environment such notions as Truth and Justice are wanting.

I am not saying that criminals should not be punished, I am saying that we must look at the human person, the broader issues, and seek the more complete solutions for the sake of all of us.

Revenge is never a proper motivation for anything, but that is what our current Justice System is founded upon -- revenge for daring to break the law -- institutional revenge that is administered even if the victim does not want revenge. To hold a criminal to account, even if that means prison, is not the same thing as revenge. If punishing the perpetrator is sought and desired from a passion of revenge on the part of the victim, or by the State as an institutional revenge, then we have ceased to be a civilized people and society.

We have a vested interest in avoiding revengeful actions and attitudes. It is to the best interest of both the victim and the society to help both the victim to heal and to help the perpetrator toward contrition, repentance, firm purpose of amendment, penance, reparations, and the responsibility to be good person from now on. Not every person will accept this approach, of course, but a healthy society depends upon our trying to accomplish this goal.

The healing of the perpetrator is also critically important. Ninety-eight percent of those in prison will be back out on the street someday. Only two percent are lifers or die in prison. Given this fact, we better be concerned about how we treat prisoners and whether or not these convicts have the personal skills and the psychological, social, and spiritual health necessary to live productively in society.

Restorative Justice methods have been very effective in accomplishing the rehabilitation of convicts, and the healing of the victims.

Trying to apply this to grade-school children, however, is problematic in my view given their brain development to understand such complex issues as empathy toward the person they have hurt, understanding the consequences of their actions in human terms (rather in terms that only apply as to what happens to them).

While some children may be able to understand these issues better than others, I do not believe that applying this method to the whole is proper or productive. Given the inherent narcissism of children, such a process may be counterproductive as the primary perpetrators on the playground may see this is "getting by with it", even if they do not like the "circle" experience. The most incorrigible will see the "circle" as a way to further manipulate.

All this is true for the adult as well. Adult criminals can try to "get by with it" by playing the game. That is why this method is not a one or two meeting fix. Restorative Justice is applied over months and years. For example, a convict is generally involved in groups like this for 2-3 years, or more.

Can Restorative Justice methods be used on a short-term basis. Yes, I think so, depending on the people involved. But, as mentioned, this method should never be used, in my opinion, as a replacement for traditional disciplinary methods with grade-school children.

As for the Church, the USCCB published a statement, Responsibility, Rehabilitation, and Restoration: A Catholic Perspective on Crime and Criminal Justice.

For other articles I refer you to our Justice Watch blog article, Restorative Justice, where I have included three articles about Restorative Justice in the Catholic Church.

Bottomline: What my response would be if my child was attending this school is to inform the Principal that this method is not designed for children this age as a substitute for more traditional disciplinary methods.

If the Principal gives the standard, "we know more than you, we are the professionals" speech, my reply is likely to be, "No sir, you are not the professionals of my child's education. I am. I, not you, am the primary one responsible for my child's eduction. Your argument is a obfuscation and a mark of someone who cannot defend their position. You misunderstand my purpose here.  If my child needs to be disciplined, then call me and I will handle it. If my child is a victim of some other child's misbehavior, I will talk to my child at home. But, you will not expose my child to this nonsense, period."

But, that is me Wink

Actually, if I were to resign my vows, get married again, and have children, I would home-school unless I was absolutely certain of the local Catholic School (unfortunately these days one cannot automatically trust the Catholic Schools either).

The issue of the eduction of our children is a spiritual warfare issue, a very acute one at that. It is in educational system that our children are indoctrinated. Do not be fooled. No school teaches merely the academics. Worldview is also very much a part of the educational process, and sometimes even outright indoctrination. The question is which worldview is being taught, whose values are forming the educational theories?

God Bless,
Bro. Ignatius Mary

 

 

 

 


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