Quote Originally Posted by Mahatma Gandhi
An eye for an eye makes the whole world blind.
I don't support the death penalty; I don't support long prison sentences; I don't support making prisons less comfortable; and Rocky, what the hell, why would Uganda accept that arrangement?

Firstly, the prison system used in the West (in particular America, which has the highest per capita incarceration rate in the world) is unsustainable and creates more problems than it solves. Alternatively, I support a justice that reconciles the victim, not punishes the offender. Reconciliation, rather than revenge, should be the focus of the justice system in order to create a safer and more secure society.

The problem, as I see it, is that society is becoming increasingly fearful, with people building a sense of security only on fuller prisons, longer sentences and harsher treatment of offenders, resulting in increasingly punitive attitudes towards people in prison, and calls for revenge and retribution. But these aren't doing anything to stop crime or to help victims. All it does is put a wall between someone and the outside world, sweeping the problem under the carpet, if you will.

Neither repentance nor forgiveness can take place in an environment of bitterness and vengeance. Over time we have seen a great deterioration in prison conditions, and a greater stigma for those who are trying to repair their lives, and reintegrate into society. There's a lot of talk about people retraining while in prison, but nobody wants to live near these people once they are released, which is a huge contradiction.

If I may give my own religious understanding of this, I try to recognise the face of Christ in every prisoner. However, I still accept that there are some dangerous people who may need to be detained for life to protect society as a whole. This does not mean we should kill them, and this is by far an exception than a general rule.

I actually read of a study the other day (in my newspaper, no link sorry) that analysed 50 studies, involving more than 300,000 prisoners, which found that the longer people are kept in prison, the more likely they are to re-offend. Similarly, the harsher the treatment they receive, the more likely they are to re-offend.

There are several principles of restorative justice. Source: http://www.restorejustice.com/files/...rncpls.doc.pdf

PRINCIPLE #1: Crime is primarily an offense against human relationships and secondarily a violation of a law (since laws are written to protect safety and fairness in human relationships).

Laws are important. They provide a context and guide. However, it would not be possible to write enough laws to cover all of the ways that one might violate another person or their relationship. The laws that have been written cover the violations that a majority of the people or legislators have decided are serious enough to have in a form which allows the state to take an action in regard to the one who violates the law. But again, our real concern is not the law, it is the violation of human relationships that caused the law to be written in the first place.

When we place the emphasis on the violation of law instead of the violation of the human relationship, we hide or mask the real violation. It is possible for an offender to be tried and sentenced for an offense, more or less serious, and never be fully aware of the human consequences or impact of the violation.

If we take a purse snatching for an example, the offender may admit guilt or be found guilty and punished. What he doesn’t know and take responsibility for is that the victim had to get a new license, credit cards, and perhaps change locks on the house out of fear becuse the offender knew the address, and the list goes on and on.

This significant human violation is most likely never dealt with. And the needs of the victim created by the offense will most likely be completely ignored.
The real problem, the violation of the human relationship, is ignored and therefore what we are most concerned about has been hidden. In fact, when we focus primarily on the violation of the law, we inadvertently encourage denial of responsibility.

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PRINCIPLE #2: Restorative Justice recognizes that crime (violation of persons and
relationships) is wrong and should not occur and also recognizes that after it does, there are dangers and opportunities.


The danger is that the community, victim(s), and/or offender emerge from the response further alienated, more damaged, disrespected, disempowered, feeling less safe and less cooperative with society. The opportunity is that the injustice is recognized, the equity is restored (restitution and grace), and the future is clarified so participants are safer, more respectful, and more empowered and cooperative with each other and society.

... While it is important to recognize the wrong, it is also very important how that is done. If it stigmatizes and isolates the offender so they become less cooperative with society, it is counterproductive. But if the response leads to new learning and changing behavior for the future, it is very helpful to the restoration of both
victim and offender.

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PRINCIPLE #3: Restorative Justice is a process to make things as right as possible and includes: attending needs created by the offense such as safety and repair of injuries, relationships and physical damage resulting from the offense; and attending needs related to the cause of the offense (addictions, lack of social or employment skills or resources, lack of understanding or will to make moral or ethical decisions, etc.).

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PRINCIPLE #4: The primary victim(s) of a crime is the one(s) most impacted by the offense. The secondary victims are others impacted by the crime and might include family members, friends, criminal justice officials, community, etc.

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PRINCIPLE #5: As soon as immediate victim, society, and offender safety concerns are satisfied, Restorative Justice views the situation as a teachable moment for the offender–an opportunity to encourage the offender to learn new ways of acting and being in community.

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These principles suggest that justice is a process for making things as right as possible rather than simply punishing the offender.
I know that I have not commented on the case at hand, but there is a good reason why. Firstly, it's clear I'm arguing a principle. Secondly, I do not know enough about the individuals, families, and immediate community involved in this incident. I can hope that whoever deals with such events in the future knows a little something about restorative justice.

Perhaps I'm playing the idealist card too strongly, but the death sentence (and all other punitive sentences) is something I will never agree with.