Veterans and Villains: Oral History and Penological Research
Seeking Recognition? Desistance, Rehabilitation and Restorative Justice Fergus McNeill [email protected] Twitter: @fergus_mcneill Desistance 1.A process of personal, human development 2.That takes place in and is shaped by its social and cultural contexts; hence also a
social transition 3.That involves movement away from offending (volume, frequency, severity) and towards? 2 Three aspects How we Who we How we we are
are are connected to see ourselves (and how seen) 4 Raynor and Robinson (2009) the action of restoring something to a previous (proper) condition or status (OED) 1.An action 2.That restores 3.To a desirable state
Implies 4.[judgement against some normalising standard] 5.[third party intervention] Two criminological definitions taking away the desire to offend, is the aim of reformist or rehabilitative punishment. The objective of reform or rehabilitation is to reintegrate the offender into society after a period of punishment, and to design the content of the punishment so as to achieve this (Hudson, 2003: 26).
I will initially assume a benign definition of rehabilitation: the return of a lawbreaker, exprisoner or wrongdoer to civil society (i.e. citizenship) with an enhanced capacity to lead a law-abiding life in future. (Carlen, 2013) Outcomes and mechanisms The pains of re/habilitation Reentry organizations, while not acknowledging this, engage in a logic in which former prisoners prove their submission to a program of personal transformation by (1) completing programs
designed to broker within them an ethic of transformation; and (2) sharing in treatment groups the kinds of struggles on which they are working. Thus, a changed life is one of constant (re) evaluation, (re) discovery, and above all consistent progress toward the moving target of personal transformation. Unwillingness to transform is disciplined by service providers who facilitate reentry programs, and by former prisoners participating in these groups themselves (Miller, 2014: 325). The compulsory internalisation of
misrecognition? Blankface The clock spins, zero hour begins This is the end, the end again Here sits Blankface and she spins my tale Ive stopped listening now I know that Ill fail Tick by tick and line by Thread by thread now you weave A web of shadows, a silk spun A windowless room, windowless
line mine tomb room Sliding doors open and they welcome me in This is the place, the place we pay for sin These four seasons they reflect in glass Trapped in a jar here where the time will not pass One day ending, a new day begins Tick says hell do it, again and again
Personal re/integration The re/development of the self Human capital or human potential Motivation Skills
Identity and values: Personal development through philosophical enquiry? (Szifris, 2016) A responsibility of all citizens? Judicial re/integration The requalification of the juridical subject (Beccaria) Formal de-labelling Status elevation/restoration A responsibility of the punishing
state, when punishment is complete? Formal recognition Social Re/integration The recognition of a new or restored social identity The elevation or restoration of social status The re-development of social capital, connection, resources A responsibility of citizens and civil society (with the support of the punishing
state) Social recognition Moral (and political) re/integration Provision of redress (not to the state but) To the victim To the community To the offender? The relational restoration of the reciprocal bonds of citizen, civil society and state
Restorative practices and (multilateral) reintegrative shaming Moral (and political) recognition Redress for Breaches of Reciprociti es Proportionality and Parsimony Retribution (Compulsory losses)
Restorative Justice Victim Three party search for recognition Offender Community Restorative Justice Victim
State Four party search for recognition Offender Civil Society Problems and possibilities Rehabilitation and reintegration are relational Between the people involved
Between citizen, civil society and state Processes of mutual recognition Structure and culture shape the relational possibilities and the prospects of misrecognition Dialogue (and collective) action can reform cultures and structures Maybe. At least its worth trying. RJ is the best developed practice of dialogue we have
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