Showing posts with label crime-prevention. Show all posts
Showing posts with label crime-prevention. Show all posts

Monday, April 18, 2005

'The Changing Face of Crime in Sydney?: Mean streets or Lost Suburbs'

The Institute of Criminology, University of Sydney presents a public forum:

NSW: Date: Thursday 28 April 2005, 5.30pm - 7.30 pm Venue: Assembly Hall, Level 4 (street level), Sydney University Law School, 173-175 Phillip Street, Sydney

This forum will consider the recent social unrest on the streets of Sydney. The forum will look at areas such as: public order reporting; the essence of alienation for youth, indigenous and ethnic communities; tensions in public housing; political denial of social responsibility; and community/urban renewal and crime prevention.

Forum Presenters:

Brenton Banfield, Mayor, Campbelltown City

Superintendent Dave Darcy, Visiting Fellow, Australian Institute of Police Management

Quentin Dempster, Presenter, Stateline, ABC TV.

Dr Peggy Dwyer, Solicitor, Sydney Regional Aboriginal Corporation Legal Service

Dr Murray Lee, Senior Lecturer, Criminology, University of Western Sydney

Chris Martin, Doctoral student, Institute of Criminology, University of Sydney

Jioji Ravulo, PRSP Caseworker, Campbelltown Post Release Support Program (PRSP), Mission Australia / NSW Department of Juvenile Justice

Chair: Professor Mark Findlay, Director, Institute of Criminology, Faculty of Law, University of Sydney


Registration: $35 waged/$15 students/concessions (GST incl.) Late Registration (register on the day): $40 waged/$17 students/concessions (GST incl.)
No charge for Institute of Criminology members.
To register please contact the Institute directly or go to

Please note: All seminars conducted by the Institute of Criminology carry Continuing Legal Education (CLE) accreditation. Please check the website regularly for seminar information.

Nina Ralph
Administrator
Institute of Criminology
Sydney University Law School
173-175 Phillip Street Sydney, NSW 2000 Australia

Phone: (61) (2) 9351 0239 Fax: (61) (2) 9351 0200 Attn: Institute of Criminology

By IC and Just Us posted 18 April 05

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Friday, July 30, 2004

The Mark of Cain: Religious bondage


Summary: Taking a human life is among the gravest of sins. But how long should a killer carry the stigma?

Transcript: This week Encounter looks at scapegoats, celebrities, and the issues raised when someone who has served a murder or manslaughter sentence seeks reintegration into the community at large.

David Rutledge: Hello and welcome to Encounter. David Rutledge with you welcoming you also to the first program for 2004 in Encounter's Ethos series, where we examine points of ethical interest and concern. This week: the stigma of killing, and the issues of repentance and reconciliation that arise when someone who's taken a human life seeks reintegration into the community at large.

MUSIC

Murder and manslaughter have a high profile in the public perception of crime, but according to the Australian Bureau of Statistics, your chance of being a victim of murder or manslaughter is something in the order of eighteen in a million.

And that may come as a surprise, given the frequency with which murders occur on our television and cinema screens. We're fascinated with killing, [? corporate media is fascinated with projecting killing], violent death seems to be sedimented [programed by corporate media], deep within our collective psyche [corporate media] and of course according to the biblical account of human origins, virtually the first thing that happened once we left the Garden of Eden was a homicide.

[And retribution, now we've been programed on how to go about it by those who also chose to rule and control the populations of the world with religious bondage.]  

THE EMPIRE OF "THE CITY" (World Superstate) part 1

THE EMPIRE OF "THE CITY" (World Superstate) part 2

New World Order Media Lies

David Rutledge: Encounter, Radio National, Sunday 6 June 2004.

The Mark of Cain

Reader: Now Adam knew his wife Eve, and she conceived and bore Cain, saying “I have produced a man with the help of the Lord”. Next, she bore his brother Abel. Now Abel was a keeper of sheep, and Cain a tiller of the ground.

In the course of time, Cain brought to the Lord an offering of the fruit of the ground, and Abel for his part brought of the firstlings of his flock, their fat portions. And the Lord had regard for Abel and his offering, but for Cain and his offering he had no regard. So Cain was very angry, and his countenance fell.

The Lord said to Cain “why are you angry, and why has your countenance fallen? If you do well, will you not be accepted? And if you do not do well, sin is lurking at the door; its desire is for you, but you must master it”.

Cain said to his brother Abel, "let us go out to the field”. And when they were in the field, Cain rose up against his brother Abel, and killed him.

Then the Lord said to Cain “where is your brother Abel?” He said "I do not know; am I my brother's keeper?" And the Lord said "what have you done? Listen; your brother's blood is crying out to me from the ground! And now you are cursed from the ground, which has opened its mouth to receive your brother's blood from your hand. When you till the ground, it will no longer yield to you its strength; you will be a fugitive and a wanderer on the earth”.

Cain said to the Lord "my punishment is greater than I can bear! Today you have driven me away from the soil, and I shall be hidden from your face; I shall be a fugitive and a wanderer on the earth, and anyone who meets me may kill me”. Then the Lord said to him "not so! Whoever kills Cain will suffer a sevenfold vengeance”.

And the Lord put a mark on Cain, so that no one who came upon him would kill him.


David Rutledge: The story of Cain and Abel in Genesis chapter 4. It’s a story that occurs in what many of us take to be the mythical past – so what does it have to tell us today?

Miroslav Volf is Director of the Centre for Faith and Culture, and Professor of Theology at Yale Divinity School.

Miroslav Volf: Potentially, each one of us is Cain. This story is situated within primal history, and primal history does not tell the story of a people – people of Israel, or some other people – it tells the story of humanity. We are all capable of killing; we are all capable of the kind of envy, the kind of rage, the kind of hurt pride that one finds in Cain. And given certain circumstances, we are all capable of doing the deed that Cain did.

David Rutledge: Why do you think God sets this mark of protection on Cain, and says that whoever kills him will be cursed? That seems like a strange development in the story.

Miroslav Volf: Well it does seem like a strange development in the story, because what you expect is that after Cain has committed this murder, you expect him simply to be excluded. And yet God places a mark on Cain, it’s not a mark so that people will know “ah, here comes a killer”; it’s rather a protective mark which says he deserves care – even though he is a murderer. Which is to say that God seeks in a sense to protect the perpetrator from the possibly understandable rage of a victim.

And I think that, too, is a very significant element of this story: namely, that even perpetrators are human beings, even they need protection, they need understanding, they need grace shown to them. Both elements – Cain did something that is utterly wrong, but grace needs to be shown to him – it’s these two elements together that make this story so incredibly fascinating.

David Rutledge: Miroslav Volf.

The curse of exile that God lays upon Cain is reflected to a degree in our criminal justice system, which requires that people who kill should be excluded from the community at large. But the extent to which the criminal justice system offers grace and protection to the offender is another matter.

Peter Norden: For a long time in Australia, probably the main industry was the transportation of convicts from the United Kingdom. And I think that that activity that occurred in the foundation of white settlement, has still significant influence on the way in which we talk about criminal justice generally – certainly serious criminal convictions such as murder or manslaughter.

David Rutledge: That’s Father Peter Norden, Policy Director of Jesuit Social Services in Melbourne, and former chaplain at Pentridge Prison.

Peter Norden: We have inherited, I think, a punitive mentality which reflects the British criminal justice system certainly, and it’s not unlike what you’d find in the United States, in most of their jurisdictions – a model, though, that’s in great contrast to what you can find in other parts of the world, such as in Scandinavia or Holland. Certainly in Scandinavia you see a far more rational approach, understanding that the behaviour’s unacceptable, that it’s brought harm to the community and the victims, but a real commitment to actually dealing with it, so that the person is aware of the harm they’ve done, modifies their behaviour, and is less likely to commit similar offences once the person participates fully in the community.

So they don’t actually see the prisoner as being separate from the community. The prisoner actually returns to their family once a month for a weekend, because they see the importance of connectedness to family, significant relationships, local community, as vital to preventing re-offending.

David Rutledge: That’s interesting, because – as you’ve pointed out – Robert Hughes, in The Fatal Shore, talks about how English lawmakers wanted not just to get rid of the criminal class by sending them to Australia, but they also wanted to forget about the criminal class, to effectively wipe it off the social map. To what extent do you think our criminal justice system today reflects this desire to completely erase all traces of the offender?

Peter Norden: Well, the big walls that are built around prisons are obviously to prevent prisoners from escaping. But I’ve always felt, as I’ve visited prisons throughout Australia, that they serve another purpose: to keep the community ignorant, and not knowing what goes on behind the walls. And the increasing difficulty we have of having media monitoring of what goes on within our criminal justice institutions – such as prisons – means the community has very little knowledge, except when there’s a major crisis, like an escape or a fire or a death.

So we put people in prison, but effectively the communication links are cut off altogether with those in the outside world. And that increases the propensity for the person – once he or she is finally released back into the community – to re-commit offences.

David Rutledge: Peter Norden.

The incarceration of serious offenders serves two principal functions: one, of course, is the protection of the community, but the other is retribution, the sense that if someone does something bad, then something bad should happen to them in return. It’s a time-honoured principle, indeed some would say a biblical principle, but does it serve the longer-term interests of justice? Miroslav Volf.

Miroslav Volf: I think justice is a very important issue. It’s a very important issue in a very basic kind of sense: we have this sense that the scales somehow need to be balanced, and I think that sense is very much a right sense, and it ought to be preserved as a sense. But I think we ought to think about creative ways in which we can ensure the safety of the victims – also of possible future victims – and when that safety is ensured, of the ways in which something restorative can be done for those offenders, or they can do something restorative for the community. Especially in situations where a deed is done – and such are most crimes; certainly such are murders – a deed is done that cannot be undone. It’s in situations where we cannot undo things we have done, that we talk not only of justice, but we also talk about forgiveness.

I think it was Hannah Arendt – famous Jewish philosopher – in her book The Human Condition who basically said that Jesus introduced the notion of forgiveness into public affairs, because – and here Arendt put it very philosophically – because time does not run backwards. You cannot undo what you have done. So if you just pursue the action of punishment, you will end up in a sense undoing the world, given the magnitude and how much evil there is in the world. And hence forgiveness becomes appropriate.

ANGRY CROWD

Reporter: ….she and her former husband are said to be devastated by the result to release to two boys, Thompson and Venables. She’s always said she doesn’t want retribution or revenge; she just wanted punishment. On Merseyside this evening, there are calls that the two boys should have been sent to prison for several years, so they could have felt the full weight of the punishment. Of course child psychologists and the Parole Board said that would have defeated the purpose…..

Mother: ….they have been sucked in by two devious murderers. James’ life was taken in a way that no-one could imagine – and for what? The murderers have walked away with a life of luxury, a bought home and a bank account, with twenty-four hour protection. Thompson and Venables may think they have got off lightly, that they can go and hide – but I know different. I know that no matter where they are, someone out there is waiting…..

David Rutledge: In England in 1993, two 11-year-old boys, Robert Thompson and Jon Venables, bashed 3-year-old James Bulger to death and left his body on a railway line. Thompson and Venables were tried in an adult court, and sentenced to eight years in a secure youth institution where they received education and rehabilitation training. Recently the two were released and given new identities, sparking community outrage over what was perceived in some quarters to be the leniency of their treatment.

Gitta Sereny is the author of several books which have examined the lives and motives of individuals who have done terrible things. What does she think should be done with such young offenders?

Gitta Sereny: What is being done in England is about as far as we know they can be helped. It’s a way of life that is forced upon them that lasts several years. You know, they are taken to these special schools, special boarding establishments, and they stay there for up to eight to ten years, and begin their grown-up life there. They go out from there to work, they’re constantly observed. I think that seems to me the most that can be done, which is to help children through environment, as indeed many of them – if not most – have been harmed through environment.

David Rutledge: But what about the victims’ calls for retribution? This is something that really interests me: we see that James Bulger’s mother has pointed out that the two boys who killed her son have – as you say, they’ve for the past eight years been afforded the protection of the state, they’ve been given an education, now they’re being released with a chance to start over. Do you think that resentment at that outcome is just a sort of primitive revenge instinct, or do you think that the desire to see punishment meted out is a fair and just response?

Gitta Sereny: Well, of course, on the part of the mother of James Bulger, anything is fair. But seen from an outside point of view: we know, don’t we, that retribution for children cannot be the same as is dealt to adults. I mean, an adult who murders a child goes to prison for life, and most of us would agree with that. But of course you can’t do that with children, because the reasons why it happened to them – because it’s as much happening to them as happening by them – you cannot punish them in that sense. It is true what Mrs Bulger says: they have a good life, they are looked after, that’s absolutely true, and it must be resented by her. But you can’t put children into a place and then not give them a decent life, that’s impossible. But they are very strongly observed, very strictly reprimanded or punished if there’s the slightest sign that they are misbehaving or going in that direction again.

So I think that is about the most you can do with such children – and don’t forget one thing: for an adult to be taken out of his family and locked up is one thing, and it’s terrible, but there you are. But for a child to be take away from all his friends, from his parents, from his mother, and put in a closed environment, is a very severe punishment.

David Rutledge: Gitta Sereny. And on ABC Radio National this is Encounter, where we’re looking at the Mark of Cain – the stigma carried by those who kill.

MUSIC

John Hannaford: I’ve read all the reports involving Mr Kable, and to a large extent they frighten me. And I can understand why the family members, why the solicitors, why the judges are concerned about the danger – or potential danger – of this person. He’s not regarded as mentally ill within either the clinical understanding of a mentally ill person or the legislative understanding; he’s regarded more as being bad rather than mad. And the legislative framework today doesn’t provide us with any opportunity to protect the family or protect the community from such a person.

David Rutledge: Former NSW State Attorney-General John Hannaford, speaking in 1995 in defence of the Community Protection Act, a piece of legislation designed to keep an offender in prison beyond his or her scheduled release date, on the basis that the offender was more likely than not to commit a violent offence when released.

The Community Protection Act was remarkable in that it was designed to protect the community from one person only: Gregory Kable, who was coming to the end of a manslaughter sentence, and had served extra time for writing a threatening letter to the carers of his children. Gregory Kable fought the legislation all the way to the High Court, where it was overturned. But the legacy of his crime has stayed with him in other ways.

Gregory Kable: I was convicted in 1989 for the manslaughter of my wife, and sentenced to five-and-a-quarter years. I was having a dispute with my wife over the custody of our children; my wife and myself had a personality clash, we also had financial difficulties and problems raising the children. Our first child, Ben, died in a humidicrib in Camperdown Children’s Hospital – he was born fifteen weeks premmie – a very traumatic experience which I don’t really believe my wife and myself recovered from. It made our other two children that followed very important to us, very valuable to us, and subject to the separation, ended up with a disastrous effect, which brought me to the point of actually killing my wife.

David Rutledge: This was essentially a custody dispute that got out of hand?

Gregory Kable: Yeah, a custody dispute that got out of hand. There were numerous predisposing factors: one was being belted as a child into submission by my stepfather, taught a very bad lesson; the other was losing Ben; and I suppose you can add on top of that the difficulties with the Family Court, things like “you can see your kids every second week” – very traumatic for a person that’s spent every day of their life with their children. and so that led to the crime.

David Rutledge: Was there anything leading up to the crime that made you feel that you could do something like that? Did you think of yourself at the time as a violent person, or a person with a predisposition to violence?

Gregory Kable: There were times when I treated animals indifferently – I think you can get away with it, you know, smacking a small pup that’s pissed on the carpet or the floor in the lounge room; there was one occasion there when I thought I hit the pup a bit too hard. That would probably be the only thing. I was not violent, there was never any violence in the home; the maximum amount of punishment that I would dish out to my children was “you can be locked in your room”.

David Rutledge: Why a manslaughter conviction rather than a murder conviction?

Gregory Kable: I was sentenced at the very bottom of the range because there was no premeditation, I rang an ambulance for my wife, and I even rang the police. In fact I didn’t know my wife had died until I was sitting in the back of the police car, and one of the officers turned around and said “your wife has just died”. That was an incredible feeling, to think that I’d taken a life – and the argument was pure and simple: that I wanted more time with my kids. And so the answer to that: violence doesn’t win, and I didn’t see my kids ever again.

David Rutledge: If we take this issue of diminished responsibility: you had harsh treatment when you were a kid, there were background circumstances there which explain why you did what you did – but do you think that your responsibility for what you did is less, because of your background?

Gregory Kable: I don’t think my responsibility is less – in fact it’s greater now, today, than it ever was. And I don’t seek to excuse myself, in fact I don’t forgive myself for the crime that I committed. Not being able to forgive myself for it – in a way, some people might say that’s a handicap, but in a way it keeps me on the correct side of the law, and reminds me of my history and what I was capable of.

Peter Norden: People are, for the most part, charged and convicted of murdering their wife or their husband, a family member or a next-door neighbour. Something like 80% of the murders that are committed in Australia over the last few decades are of that nature: someone you know, someone you’re very close to. A very small number of murders are of strangers, and a very small number are committed by people who’ve had a previous offence in their lives. Most people convicted of murder, it’s their first offence, and it’s the last offence of their life.

When I was working in Pentridge, in a maximum security prison here in Melbourne, every week I would have someone come in charged with murder, and completely broken – generally male rather than female – and the person would say “the very one person in this world in my whole life that I love, I’ve destroyed. And now I’ve got to spend twelve months, eighteen months, waiting for the trial. And I expect, if I’m convicted, I’ll be having to serve another several years in prison, and it’s the last thing in this world I ever really wanted to do. And I’ve got to face the consequences of it”.

So after ten years, that person has to face the task of coming back to the community, coming back to their own family – particularly if it was a domestic murder – and the members of the extended family; often coming back to the same neighbourhood where they’d lived. So there’s a real challenge for the person then to find an opportunity of re-linking with significant others in a freer environment, and also from the community from which they came.

David Rutledge: How do you guide somebody through that process?

Peter Norden: It’s sort of one step at a time. Usually when a person’s released from prison, they don’t really want too much freedom. Often you’ll find they stay at home; they won’t move out very much; they’re familiar with a restricted physical environment from their prison experience. And it’s only with time that they start venturing out or becoming involved, going to shopping centres, dealing with crowds, unpredictable behaviour. Because life in prison is a very predictable environment – and it’s repetitive; the same things happen and the same people. So there’s a lot of change when you move into the open community, things that we take for granted.

David Rutledge: Do you think it’s possible for someone who’s committed murder or manslaughter to really become fully reintegrated into the community, or is the stigma that they carry too strong?

Peter Norden: I think it depends on the circumstances of the offence. You can move from completely unpremeditated murder of your lover or your family member, something that you deeply regretted doing from the moment that it occurred, to someone who’s committed a premeditated murder or has been part of a criminal network, and has been paid money – in the worst scenario – to take another person’s life. Although even in the lightest of these cases, people recognise that the loss of human life is something that can’t be compared to anything else. And if you’ve been responsible for the loss of a human life, there’s nothing more serious in this world.

And when you’ve been in that situation, there is a real challenge to overcome: imagine being known – publicly, throughout Australia, throughout your town, throughout your city – for the worst thing that you’ve ever done in your life, or the worst day you’ve ever had in your life. Imagine that being your public reputation. None of us would want to be known for the worst day we’ve ever had in our lives, or the worst thing that we think we’ve done in our lives – but that’s the situation faced by someone who’s got a criminal conviction through the courts. All of us know that we carry wounds, and those who have been publicly convicted carry those wounds more publicly.

David Rutledge: Fr Peter Norden.

Being known for one’s criminal past doesn’t necessarily amount to public shame or infamy. Justice Action case worker Gregory Kable feels that the public recognition of his background can serve a valuable function in the community.

Gregory Kable: If I can show the whole community what led me to the violence, then surely they would be interested enough to take that information in, so that one person who committed a crime like I did, can then go on and prevent a hundred people from going and doing the same thing.

David Rutledge: So you’re saying that you actually have value in the community because of the crime that you committed?

Gregory Kable: Well, people come up to me all the day – especially fathers angry about their wives, and the difficulties they’re having in their marriages – and I spend time with them and give them the information they need not to go on and commit any violence, just by telling them thing that I’m aware of, how to react in a domestic situation where there’s a crisis.

David Rutledge: How to see the warning signs?

Gregory Kable: Well, not only that, but how to think about it, how to address it. For instance, a parent might say “oh, I hate my wife, and I can’t see my children, she’s preventing me from seeing my children”. And my answer to that person would be: if you want to have a good relationship with your child, then you have to have a good relationship with your wife. So go and buy your wife a box of chocolates and a bunch of flowers, tell her you’re sorry for everything that happened – but you still want to see your child. And I guarantee you that would be a better answer than going to the Family Law Court.

And also, it gives them an option other than “I’m angry and I want to do something about this, and my wife’s a bitch”. You know, “I’ll take it out on her, she’s doing something really horrible to me”. So if I can reflect better options, and pass on my experience, and tell them about my crime, the that would prevent them from taking the same path.

MUSIC

David Rutledge: The taking of a human life causes a strange moral polarity. The guilt of the killer is held to be so great, and the moral gulf between killer and victim so wide, that it seems entirely natural that we should see the victim as “innocent” – and not just the victim, but the victim’s family members and all other individuals who are affected by the crime.

Yale theology professor Miroslav Volf is a former Croatian national who emigrated to the US fifteen years ago. After the desolation of his native country by Serbian forces in 1993, he was faced with the question of how victims should see themselves in relation to the perpetrators of evil acts. One result of this challenge was the publication of a book – entitled Exclusion and Embrace – and in that book, Miroslav Volf writes about how violent crime lays a heavy responsibility on all those whom it touches, and that innocence is not automatically conferred upon the victim, but is something that has to be carefully nurtured.

Miroslav Volf: Most of the violence in the world that happens, it happens not on the battlefields, it doesn’t happen in the streets, it happens in living rooms. And yo see, now, if you have the victim and the perpetrator: my goodness, they have a history together, their lives are intertwined. It’s very hard to parse out, here, who is on the whole the more guilty party. Even when you have a person who seems completely “innocent” – walking down the street, and is robbed, raped, or whatever – there’s a certain intertwining that happens by the sheer act of violence exerted upon the person.

I paid some attention to this in my own work, where the question is: what does the violence committed against me do to my soul? So that I, by the sheer act of having been violated, become myself violator of that person – possibly of other persons – in my imagination, possibly potentially also in my daily life. It is this sense of the victims’ needing to keep their own hearts pure, in order to keep their humanity pure, so as not to let the perpetrator take not just take a piece of freedom, a piece of property, piece of dignity from them – but the beauty of their very humanity. It’s that which victims have to attend to –and there I think a sense of repenting on the part of the victims is very much an appropriate stance.

David Rutledge: Repenting of what, exactly?

Miroslav Volf: Well, repenting of – if their lives have been intertwined prior to the crime – repenting of all those things that they have done toward the perpetrator, where you have a domestic situation. Or, if that was not the case, repenting of the kinds of attitudes, kinds of imaginations and thoughts, that victims may have over against the perpetrators.

David Rutledge: Fantasies of revenge, this kind of thing?

Miroslav Volf: Fantasies of revenge, that’s right. Those are not innocent feelings, even though we all can understand why they’re there. They’re not innocent. And for their own sake, as well as the sake of the perpetrator, they have to do that – they ought to do that.

I know it’s sometimes difficult, of course – and when I talk about this, about what the victims “have to” do, I don’t want to demand anything. I want to portray a kind of humane way of life for victims, and if they feel that that’s a noble vision of life with which they want to identify, that would be wonderful. But I think we would be wrong to be overbearing toward the victims, demanding that they do this or that.

Basically I’ve written this book for myself, and I think about these things for myself, I don’t think about it for others. This is how the book was born, actually: a third of my country, Croatia, was occupied, and I felt rage about that. And I looked at myself in the mirror and said “well, is that the proper human response? Is this who I want to be – a person raging about this?” And I said “no, I will condemn that deed – but I will act differently, I will not let their deed poison my soul”.

David Rutledge: But does this refusal to let one’s soul seek revenge – does this involve casting aside notions of good and evil, of guilt and innocence?

Miroslav Volf: I don’t think it does. It will when we become truly innocent. but manifestly, we are guilty. Relationships have to be predicated on truth about what has transpired, also on notions of justice in terms of what has transpired. And only by going through truth and justice can we go to forgiveness. Because to forgive somebody means to blame somebody also, implicitly. It means to blame them in the act of releasing them from what you blame them for. And therefore I don’t think we should give up notions of innocence, guilt, good and evil; I think those are very important, very useful categories. They’re filters through which we have to pass in order to come to a healed relationship.

And that’s why I think in the Christian tradition – I may surprise your listeners here, and you, even – in the Christian tradition, and in many religious traditions, there’s this notion of final judgement of God. I think that’s a grand idea. When I was fifteen or seventeen, I thought it was a terrible idea, because I thought of this overbearing God who’s like my father, who sticks his nose into everything I’m doing, and he wants to make sure that I do things the way he wants me to live, rather than the way I want to live. Now a more mature idea of the final judgement is: this is the day of truth; this is a day of justice, when things as they were will be exposed. But in the Christian tradition, it’s a day of judgement in the context of grace – yes, that’s who we truly are, but nonetheless God has embraced us, therefore also we embrace each other.

David Rutledge: Isn’t divine judgement, though, wedded to an idea of eternal damnation for the guilty?

Miroslav Volf: It need not be connected with notions of eternal damnation, just as any notion of judgement does not mean simply condemnation. Judgement means simply passing on a judgement about something that has happened. You can judge and acquit, you can judge and move on – but judgement is essential.

David Rutledge: But in human societies, where you have people who have lost their loved ones, lost their children – whole communities have been torn apart – where does the will to forgive come from, how can it be summoned up out of these terrible kinds of circumstances?

Miroslav Volf: That’s a very good question: where does it come from? I think it’s a very deep mystery. Because when you think about it, it ought not to be there – and nonetheless, it is there. And it is there in the victims. I’m always surprised how much more willing victims are to forgive than the perpetrators are to repent. I can see partly why that’s the case; because an act of forgiveness is an act of power – I released somebody from something that they’ve done against me. Whereas an act of repentance is an act of relinquishment of power.

But nonetheless, how does it come that we have this capacity to forgive? And I think it’s the fruit of what I would describe as the fact that we have been created in the image of God: the God who loves, who is love – and therefore we are created for love. And when we love, even in situations of deep offence, we find that we are in tune, that we resonate, with what is best in us.

And it’s predicated upon the notion – that escapes our “secular” culture – the sense of one’s life being somehow hidden in God. For instance: what we do in terms of memory, and how much we insist on never forgetting a deed that has been committed against us, because we feel if we forget that, something will be terribly lost. And partly I think that sense is there because we don’t see our lives continuing beyond, we don’t see our lives “hidden in God”, as I like to put it, as somehow preserved in eternity. If we saw that, if we saw God as taking care of all that happens in history – so that I don’t have to hold on to it, it is kept safe somewhere else – I’m much more free to deal with individual events in my own life that have been caused by others.

MUSIC

Interviewer: If you got out of here, there are a lot of people who think you’d go and start killing people again.

Charles Manson: Again? you guys are misinformed, I haven’t killed anyone.

Interviewer: You say the whole thing’s a fairytale, you say the whole thing’s make believe?

Charles Manson: Look here: I’ll explain something to you. It’s a different world. I love the world I live in –

Interviewer: You love the world you live in?

Charles Manson: Most assuredly; it’s me.

Interviewer: You love all the pain you’ve caused people, all the anguish –

Charles Manson: Oh, I don’t know pain! I don’t know pain, I have no depth of pain! I have no depth of suffering! I haven’t been punished by you all my life since I was ten years old. I’ve been in every reform school you’ve got across the country, and used to lay down and have to get my ass whipped till I couldn’t walk. Tell me about pain.

Interviewer: And that’s our fault, that’s all those people’s fault?

Charles Manson: No, make strong, good pain, understand pain. Not bad, pain’s not bad, it’s good. It teaches you things, like when you put your hand in fire – ow – you know not to do that again.

Interviewer: You learn by pain not to experience again – don’t put your hand back in the fire?

Charles Manson: Yeah.

Interviewer: Why have you been in and out of prisons for thirty-four of your forty-seven years? You call that normal behaviour, Charles? Is that something that you’re proud of?

Charles Manson: No, no, I never thought I was normal, never tried to be normal. Normal runs in that little rut down there, I don’t know nothing about being normal. I been in jail all my life, man, I lived on the handball court. This guy raised me up, all the men in the joint raised me up, told me what to do, what was right and wrong, told me when to sit down, stand up, I just did everything I was told. You know, and when I got to the end of it, I just turned around and said “wow”. And then I went outside, and all these little kids got a hold of me, and said “we want to stop the Vietnam War, we want to do this”….what? I don’t know what’s happening.

I been in jail all my life, man, I never went to vocational training. You ever see me in vocational training? Rehabilitation? I never played no rehabilitation. I sweep the floor in the kitchen, go out and play handball. I’m still ten years old in your world.

MUSIC

David Rutledge: Charles Manson, heard there in a sound collage from the early 1980s by the band 400 Blows. The figure of the killer emerged during the 80s as a recurrent subject in underground art, with the music world in particular developing an affinity for such dark luminaries as Manson, Peter Sutcliffe the Yorkshire Ripper, and child killers Ian Brady and Myra Hindley. The idea that art should shock and offend has been with us for many years now. But as the 80s turned into the 90s, and the dashing serial killer became the standard anti-hero of such mainstream productions as the film The Silence of the Lambs, it seemed a characteristically late-20th-century phenomenon that the Mark of Cain should confer something approaching celebrity status.

Simon Longstaff: I worry that people who commit vicious crimes, who are destructive of community, are rewarded in some sense for what they do, by being given celebrity status, and sometimes a status that allows them to trade on that – in particular the terrible human suffering they’ve caused – for psychic and material profit.

David Rutledge: That’s Simon Longstaff, Director of the St James Ethics Centre in Sydney.

Simon Longstaff: While I understand that a kind of counter-cultural urge can take people from the dark side and make them iconic, the fact that we stand by and allow that to happen, without interrogating the process and saying “well, do they deserve what looks like positive recognition for what reasonable people would accept to be vicious conduct?” – on that basis I’m concerned about it. Not because it’ll make people want to be like Charles Manson or anybody else, I don’t think that’s likely to happen – it’s this other issue that concerns me: should we honour or reward people for the things they do of that kind?

If you’re holding them up for serious contemplation, then that’s a serious purpose, and I can understand the artist doing that. But more often than not, the purpose is to cash in on the notoriety of that person – sometimes just in purely commercial terms: to take them as an icon, to reproduce the image, to normalise it and make a buck.

David Rutledge: Do you think it’s necessary that with the contemplation should come some sort of assessment or judgement of what these people have done?

Simon Longstaff: Is it necessary for the contemplation also to label it as bad? No, I don’t think that the artist has to do that. I think the artist is quite at liberty to put before us, as a community, things that disturb and shock, and ask us to question what we think about it. And they don’t have to label it one way or another, they do enough if they really get us to think and to talk and discuss and to engage – those are important things in and of themselves.

That said, I would much rather see us, as a society, providing alternative opportunities for people to be accepted for what they are now, rather than people – including those who market them, tell their stories, basically because they want to trade also on their notoriety – for everybody to want to cash in.

APPLAUSE

Elle McFeast: I’ve also had an RSVP from someone who – well you probably haven’t met him because he’s been away on holidays for a while – you know, in jail – but you might have read some of his books. He’s the Enid Blyton of the underworld. He’s a man whose life makes a Quentin Tarantino movie look like a Walt Disney cartoon. He’s here tonight live – well, hopefully he’s still alive. He could have been knocked off on the way to the studio. Because that it always a possibility, when your very first guest is none other than self-confessed killer and best-selling author, Mark Brandon “Chopper” Read. Make him welcome.

APPLAUSE, CHEERS

David Rutledge: The notorious appearance of Chopper Read on Elle McFeast’s ill-fated chat show in 1998. Chopper was drunk, the studio audience was wildly diverted, but the episode sparked a serious debate over whether or not convicted killers ought to be invited to parade their infamy for the purposes of light entertainment.

Miroslav Volf.

Miroslav Volf: I think it depends on what they do with it. It can have a positive impact, depending on whether they celebrate themselves as killers – and precisely by celebrating themselves as killers, sell themselves. Then you’ve got something absolutely perverse going on – not just unethical, it’s perverse. And there’s something perverse going on not simply in the minds of the folks who do that; there’s something perverse in the minds of people who watch, who buy. And I think it’s something perverse because we’re fascinated with violence, we’re voyeurs of violence – and like all voyeurs, we’re projecting ourselves there, it’s our violent streak that latches onto this. That’s why I think it’s so deeply problematic.

But you can also imagine how somebody who has committed a serious crime could become a spokesperson: spokesperson for repentance, spokesperson for reconciliation, who speaks about what has transpired in their soul, how they have found transformation and change. If something like that happens, I think it can have healing effects. And my hope would be that these people take seriously what they have done, and tell their story in such a way that it’s transformative in a positive sense for the community – rather than simply playing on the community’s base instincts.

David Rutledge: What about the public contemplation of the killer as a subject in art – I have in mind the exhibition at the Royal Academy in London in 1997 which featured a huge portrait of Myra Hindley, the child killer, and it caused widespread outrage – and grief, in one case, from the parents of one of her victims who pleaded for the image to be taken down. Under what circumstances do you think it’s OK for an image like that to be held up for public contemplation?

Miroslav Volf: It’s a very interesting and a delicate case; I think it depends on many things. Because my sense is also that it can be the object of serious art. Artists may want to make a statement, and that statement may be a fascinating and challenging one – but at the same time, one needs to attend to individual stories of the people who are involved.

It’s the same thing as the Truth and Reconciliation Commission – it’s a strange comparison but I’ll come to the point – where on one hand you had demands of the state, which were legitimate and right. But you had also the pace of healing of individuals – and these two things don’t always mesh together. The state may want to go faster than individuals are able to. And the same thing might happen in art too: art may want to make a particular kind of statement with a story –as in the case you describe – and yet the person who is being used in this way may not be ready at all. And I think in these cases, you have to adjust the kinds of actions on the part of the artist. I think it would be great for artists to collaborate with the people whose stories he or she is trying to thematise. Otherwise one might have a sense of exploitation, of misunderstanding, of being used for purposes that are extraneous to their own lives.

David Rutledge: Miroslav Volf.

British author Gitta Sereny has attracted controversy in the past for writing books that explore in great detail the lives of perpetrators. In 1998 she published the story of Mary Bell, who as a child in the 1960s had killed two small boys. The families of Mary Bell’s victims were outraged at what they felt was an overly sympathetic (or insufficiently judgemental) public portrayal of the killer.

Gitta Sereny: Families of victims are always hurt in these terrible stories. Every family of victims was hurt when I did various books. One simply has to be sorry, behave as well as one can. I used to write to these people and explain why I thought it was important – which may help or not, I don’t know.

David Rutledge: What did the families of Mary Bell’s victims have to say when you contacted them and explained about the book that you were writing?

Gitta Sereny: Well they were very angry, they were very very angry. They wrote to the papers – and of course the papers in Newcastle loved this, and they ran it for days, the anger of the parents. And then finally I wrote – and finally I also went to visit one of the mothers. And I got on with her really very, very well. Once you confront people, and you sit with them and you have a cup of tea, and they see you are not a monster, and you explain person to person, woman to woman, why things are done and how things are done – it changes a lot, their attitude changes. But their attitude is perfectly understandable, I mean – God, I think we would all feel like this.

However, you can’t do what happens to be one of the things I do, which is to try to find out and explain why these things happen – and how, perhaps, their having happened could serve as sufficient of an example to stop other people – you can’t do this unless you write. Or, I suppose, do something else – but write. You know, words on paper are, in the end – in my opinion – still the best way to bring us further.

MUSIC

David Rutledge: On ABC Radio National, you’ve been listening to Encounter.

Guests this week were Miroslav Volf, Peter Norden, Gitta Sereny, Gregory Kable and Simon Longstaff – reading from the book of Genesis was by Noel Debien, and studio production by Mark Don. Thanks to them – thanks also to Kate Evans, Florence Spurling and Gary Bryson at ABC Radio, to Sabrina Lipovic at ABC Radio Archives, David Ransen at the Catholic Institute of Sydney, to Brett Collins at Justice Action, and to Ted Large.

I’m David Rutledge – bye for now.

Guests on this program:
Miroslav Volf
Professor of Theology, Yale Divinity School
Peter Norden SJ
Policy Director, Jesuit Social Services
Gitta Sereny
Author and journalist
Gregory Kable
Case worker, Justice Action
Simon Longstaff
Director, St James Ethics Centre, Sydney
Publications:
Exclusion and Embrace: A Theological Exploration of Identity, Otherness and Reconciliation
Author: Miroslav Volf
Publisher: Abingdon Press (Nashville 1996)
Cries Unheard: The Story of Mary Bell
Author: Gitta Sereny
Publisher: Papermac (London 1998)
Further information:
Justice Action Australia
Legal and social reform organisation
http://www.justiceaction.org.au/index.html
Greg's Kables
Community news network maintained by Gregory Kable
http://www.geocities.com/gregskables/home
Crime Victims Support Association
http://www.cvsa.asn.au/
Jesuit Social Services
http://www.jss.org.au/
Musical Items:
Zocharti Loch
CD Title: Jewish Sacred Songs
Artist: Singers of Amsterdam Synagogue (Chorus master Antoon Krelage)
Label/CD No: Philips Classics 462 061-2 (2001)
Threat
CD Title: Gesture Signal Threat
Artist: :zoviet-france:
Label/CD No: Charrm CD9 (1995)
Our Very Own Impossible Number
CD Title: One Side Mona Lisa (The Front Side Only)
Artist: Stilluppsteypa
Label/CD No: Fire Inc. CD f-8 (1997)
Victime pascali
CD Title: Antoine Busnoys: In Hydraulis & Other Works
Artist: Pomerium (dir. Alexander Blachly)
Label/CD No: Dorian Recordings DOR-90184 (1993)
Karen byr til engil
CD Title: Englabörn
Artist: Jóhann Jóhannsson
Label/CD No: Touch TO:52 (2002)
Eg sleppi per aldrei
CD Title: Englabörn
Artist: Jóhann Jóhannsson
Label/CD No: Touch TO:52 (2002)
Salfraedingur
CD Title: Englabörn
Artist: Jóhann Jóhannsson
Label/CD No: Touch TO:52
For Jackie M
CD Title: Yesterday, Today, Tomorrow, Forever
Artist: 400 Blows
Label/CD No: Concrete Productions Inc. CPROD CD006 (1989)
Kol Nidrei
CD Title: Jewish Sacred Songs
Artist: Singers of Amsterdam Synagogue (Chorus master Antoon Krelage)
Label/CD No: Philips Classics 462 061-2 (2001)
Producer:David Rutledge

Ed: Also.... should the environment and the community carry any stigma? People are supposed to be raised and nurtured not kicked, punched and slapped into submission, until they do what they're told. Violence on TV and in sport. Violence from the police, prisons, military and armed forces, wars etc, all lethal memes. 

Family Court proceedings, restrictions, and unfairness etc. All these environmental factors also have a roll in domestic violence and how people react to retribution and how they end up making a mistake.

Religious Bondage: Why marriage? Until Death do us part? Only Satan could think of that!!! 

To prevent domestic violence and violence, society has to lead by some form of example and also has to deal with the 'root causes' for it and look into the offenders history to find what can be changed.

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Labor says divorce plan not good enough
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Zero Tolerance for Families
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Spanking-ban critics offer compromise?
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Valuing children now!
Partial ban on smacking condones other physical punishment, says experts!

Three slaps? Three bad lessons!
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International No-Smacking Day April 30 2004
If it's a crime to punish children or adults for that matter then the "punishment is the crime". Punishment, threats and smacking only get short-term results if any result at all.

Thursday, May 13, 2004

Govt stands by child sex offender program

The Western Australian Government is standing by a taxpayer-funded agency that offers conditional confidentiality to child sex offenders.

Opposition Justice spokeswoman Sue Walker wants the Perth-based agency SafeCare shut down, saying it undermines the criminal system.

SafeCare offers certain child sex offenders conditional confidentiality if they admit their crime, move out of the home and attend a two-year rehabilitation program run by the agency.

Ms Walker wants to turn child sex abuse into a major election issue in the run-up to the next state poll.

But don't all the Oppositions politicians act the same? They're not seeking any sort of practical outcomes to crime for the community. They're seeking the prestige of being elected into government. Even at the cost of possibly having their own child or a child of someone they know raped by an angry sex offender who was locked up, denied rehabilitation, frustrated, primed and literally provoked to re-offend again.

Ms Walker also wants mandatory reporting provisions introduced in WA.

But if they want people who have committed crimes to be helped so that they won't re-offend, then they have to come forward to receive help. They also need to be able to trust the therapist, so that they get the truth and learn more about the reason behind the offending behaviour.

In order to prevent similar crimes down the track they also have to change the offender's motivation, behaviour and thinking. Perhaps educating them and giving them more social skills. For that process to work they need the offender to be open and honest and to trust the person they confide in.

Community Development Minister Sheila McHale says her opposition counterpart has missed the point.

"Perpetrators are saying that they would seek treatment services much earlier if they weren't necessarily faced with being dobbed into the police - SafeCare provides that sort of facility and service for perpetrators," she said.

By Some Mothers Do Have Them 13 May 04

ED: Undermines the criminal justice system? If these people seek therapy? Please explain how preventing crime undermines the criminal justice system?

Undermining the criminal justice system preventing the person going to jail to be rehabilitated? No! Punished yes! What if punishment does not solve the problem and the sex offender gets worse when they are released from prison?

Perhaps Ms Walker could look at recidivism rates in WA in relation to the alleged prison rehabilitation system that doesn't in fact do anything but warehouse the problem and making it worse.

When do we start looking at rehabilitation? So that we can then prevent crime rather than (punishment) and (prison) that provokes crime and sets up the next victim to be offended against after the prisoner is released from prison.

Well this is the voice of a prisoner sent to the CUBIT Sex Offender program in a NSW prison and I don't think he was getting any rehabilitation. De-socialised and negatively reinforce at a taxpayer funded prison at the cost of $65,000 a year.]

NSW Prisons Inmate Development Committee speaks out

I am writing on behalf of the IDC Inmate Development Committee in area 3, MSPC at Long Bay. Area 3 is where, the Department is congregating minimum-security offenders within maximum-security walls whilst awaiting mandatory programs at Cubit (Sex Offenders Program).

Anyone attending Cubit for example, learn quickly that truth is irrelevant to the powers controlling this centre and that the only reality is what they proclaim and manipulate us and others into believing as truth, or being judged in denial. One must accept their version, or be as adept as they in falsehood and manipulation to succeed.


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Rapists more criminally versatile than Paedophiles
Parents to be given paedophile details? But rapists are more criminally versatile than Paedophiles!

Therapy key for teen sex offenders
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Vic database to track sex offenders' movements
The Sex Offenders Registration Bill is due to be tabled in Parliament later this week. Sex offenders will have to tell police if they change their names, address or work and will not be allowed to work with children.

Bulldogs simply not the best!
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Gang-rape, police, disparity and the law..
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Today Paedophiles TOMORROW You!
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Juvenile Justice in America: Rehabilitation or Retribution?
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Sex offenders: The Umbrella and the Violin [REGISTERED]
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Sexual Abuse: Testimony
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WA Jail trade in 'sex for favours'
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Plan to keep sex offenders from young after release
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DPP must decide on next step in Volkers case by end of week! Rock Spider V's the Justice System? Queensland's Attorney-General wants a report from the office of the Director of Public Prosecutions (DPP) by the end of the week on how it will respond to criticism about its handling of indecent dealing charges against swimming coach Scott Volkers.

Alleged Rock Spider speaks out about sexual assault accusations
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Punishment By Imprisonment Is A Medieval Concept
The following accounts of prison rape are taken from various human rights sites on the WWW that deal with this abuse, which seems to be in epidemic proportions in the US, Australia, and many other countries.

Monday, May 10, 2004

Restorative Justice Practices

Restorative Justice Practices of Native American, First Nation and Other Indigenous People of North America: Part One BY LAURA MIRSKY.

This is part one in a series of articles about restorative justice practices of Native American, First Nation and other indigenous people of North America.

Part one of this series includes inter- views with three justice practitioners of the southwestern United States:

The Honor- able Robert Yazzie, chief justice emeritus of the Navajo Nation Supreme Court; Judge Joseph Flies-Away of the Hualapai Nation; and James Zion, formerly solicitor to the Navajo Nation Courts, currently domestic abuse commissioner at Crownpoint, New Mexico, Family Court.

In Native American and First Nation jus-tice philosophy and practice, healing, along with reintegrating individuals into their community, is more important than pun-ishment.

The Native peacemaking process involves bringing together victims, offend- ers and their supporters to get to the bottom of a problem.

While contrary to traditional Eurocentric justice, this parallels the philoso-phy and processes of the modern restorative justice movement.

In the Native worldview there is a deep connection between justice and spirituality: in both, it is essential to maintain or restore harmony and balance.

Robert Yazzie recently retired as chief jus- tice of the Navajo Nation Supreme Court, after 18 years on the tribal bench. Yazzie is noted for his advocacy of the use of tradi- tional Indian law and hozhooji naat’aanii, Navajo for peacemaking, and for helping to create a law-making body and bench book to use peacemaking with domestic violence cases.

He helped create the United Nations Draft Declaration on the Rights of Indig-enous Peoples and has worked to convince the United States Supreme Court to restore full tribal sovereignty.

Yazzie has a degree in sociology from Oberlin College, in Ohio, and a law degree from the University of New Mexico School of Law. Said Yazzie, “I’ve been a judge all my life.

I’ve handled cases; I’ve been a chief justice; I’ve written opinions; but my emphasis was peacemaking.” “I always say that America responds to crime after the fact, not before the fact,” said Yazzie. Discussing peacemaking—the tradi- tional Navajo response to crime—Yazzie said that what the Navajo have done all along, since before the Europeans arrived in the United States, is a lot of prevention—teaching and training of children.

In Navajo families, par-ents and grandparents, “your mother’s clan, your father’s clan—mainly your mother’s clan—all the aunts and uncles, everybody participated in the upbringing.

Somebody said, ‘It takes a community to raise a child,’ and that’s exactly what we did.” However, said Yazzie, what the Navajo have gone through historically has “hindered our ways of raising kids.

The Europeans, the U.S. government, tried to destroy Navajo life—period—and it’s still going on today.” Now, he said, Navajo children are attracted to the outside world, influenced by the music industry and other cultural forces.

These things, he said, have made preventive measures—trying to teach kids about the traditional life way—very hard.

Those who are most successful in teaching their children are parents with a strong family life and a strong traditional-language background.

Yazzie described the life way as the teach- ings of the Diyin Dine’é, the Holy People. Asked to define the Holy People, Yazzie said, “We don’t have a word for religion. We don’t have a word for God.

Diyin Dine’é means the Holy People who were responsible for the creation of the world.

They are present everywhere: in the fire, in the water, in the air that we breathe, the things that grow.” A number of the life way teachings are about the spirit of nature, said Yazzie. “Some of the prayers and the teachings address the significance of where the sun comes up.

What the children should be taught is the para-digm—the method of thinking, that there is a thought that begins with every day. Thinking, speaking, the ability to plan.”

Asked what is meant by Navajo common law, Yazzie commented, “Of course that’s the English term,” then explained, “There’s a word that covers everything: beehaz-aanii: the laws or the principles or the teachings that were given to the five-finger people by the Holy People.”

Some of those, he said, are used in prayers and ceremonies, “and some of those are so sacred that they can’t be shared, but others—beehaz-aanii—are used to teach the life way.”

“For example,” said Yazzie, “Let’s say you and I got into a squabble, and you hit me over the head. In the Western world, you would be called a defendant in a criminal proceeding and would create a bad name for yourself.

The Western law way is to punish you, so that you don’t repeat the behavior. But the Navajo way is to focus on the individual. You separate the action from the person. The Holy People say that the human being is a creation of the Holy People, and we have no part, we can- not destroy the human being or change it to something else. It’s not within our authority to do that.

In fact what you must do is respect yourself, because you are the creation of the Holy People. If you and I were to squabble and I sued you for criminal liability, civil liability, the Diyin Dine’é would say you should be respected. What is not respected is what you did.”

The Navajo peacemaking process helps an offender realize that what he or she has done is incorrect. The process brings the offender and the victim together to talk to each other. “The first order of business the relatives would do in the peacemaking process is to get to the bottom of a problem,” he said.

“In court, I would sue you for battery and the state would say we have to prove all the ele-ments of a crime and use the rules or the law to prove that you are guilty.

The Holy People say that’s beside the point. What matters here is: why did this act happen in the first place? There’s a reason why the harm has occurred.

Let’s deal with that. Maybe we have a history of problems between the two of us. If we can get to the bottom of a problem, all the other stuff will fall into place. The damage can be acknowledged by you, and I can go away happy from the process, knowing that you say that you’re not going to do it again.”

The peacemaking process is related to the concept of k’e, or respect, said Yazzie, adding, “K’e means to restore my dignity, to restore my worthiness.” Through the peacemaking process, an offender can come to feel better, said Yazzie, especially when the person can say, “‘I’m responsible, I’m ac- countable.’ That does a lot to the spirit, the mind and the body of those who participate in the process,” he said.

Not only are the victim and the offender involved in the process, like in Western law, said Yazzie, “but the relatives would also feel relief, and those who are also interested in the process would feel the same way. So in the end, there’s healing at different levels.”

Peacemaking can work with any problem, said Yazzie. In the Western way, he said, “you divide up things, and you say that certain types of cases should go to peacemaking. That’s what I’m hearing today.

There’s a distrust, since the Western legal system has control over every- thing. It doesn’t leave room for anything. The judges are in there; the lawyers are in there. So the type of process we work with, we close the door on everybody and let the parties feel that they own the problem, let them choose who they want to facilitate the process.”

In the criminal justice system of the Western world, said Yazzie, “there’s a lot
of emphasis and still a mind-set today that when somebody does wrong the only justice there is is to punish—penalty, jail mainly, some vendetta, even the death penalty.

Make the law stiffer and that will do the job.” The Navajo Nation has become accustomed to those ways, he said. Even the Navajo govern-ment is U.S. government-imposed. “The traditional way of thinking has been left out, and the policy—how you set up and operate a government—has been heavily influenced by the Western world.”

Gradually, however, there has been a movement back to the old ways, said Yazzie, adding, “Because the colonization has really done a number on us, it’s hard to undo the mind-set. What I have been doing now is trying to find ways to decolonize a style of doing things the Western way.

Trying to make some sense of how the traditional, the stuff that we had way back, the concepts, the way of thinking, can be revived and incorporated into today’s world.”

Yazzie related some stories of cases handled with peacemaking. One case involved a death that occurred in the community. The relatives decided to do the burial at home. Some of the neighbors objected, so they went to court and sought an injunction. Said Yazzie, “The judge said, ‘Are we sure we’re going to do injunction?

Why don’t we do peacemaking?’ Because if we do the petition for injunction, it’s going to take weeks. Meantime the body will just be laying there.’ So the parties got together and they went back and forth all day, and each party had their say—objections—ev-erything was heard. Before sundown, the par-ties came to a consensus and decided to use a regular cemetery.”

Peacemaking can be very effective in cases involving family matters like child support and child custody, said Yazzie. “When people get divorced they’re very bitter,” he said. “I wish parties would realize that there are chil- dren at stake. Some of them use the issues to get at each other. Some of them refuse to give visitation rights, and because there’s no visitation rights, the other person may refuse to pay.

So we have that going on in court. It creates a revolving door.” He talked about a case where the father wasn’t willing to pay and the mother wasn’t willing to give visita- tion rights, so they were at a stalemate.

The judge suggested they do a peacemaking, and peacemaking worked. “Why it worked,” said Yazzie, “is because the ex-wife wasn’t so much concerned about the outcome of the divorce, but she wanted to express her emotions. During the divorce proceedings she was never given that chance.

In peacemaking they were able to talk about the history that gave rise to their dissolution. They went back and forth, and there were tears, and a lot of tissues were used. Finally at the end, the parties came to an agreement
and the case was settled.”

In another case, three or four young boys vandalized a store. The owner of the storegot the boys convicted. But the boys were not willing to show any remorse, so they went to peacemaking. Said Yazzie, “The boys were not listening; they were not responding to peacemaking. The store owner was expressing his emotions. And at one point he showed this one picture, and said, ‘This is the last thing I had left from my deceased father.’

The picture was damaged and he was very emo-tional about it. That did it; it broke the ice, and the boys were very emotional, and they apologized. They said, ‘We’re sorry, we’re re-sponsible for this,’ and they agreed to pay for the damage and even help the owner do some work.

So those are some of the successes.” There are some cases, said Yazzie, where peacemaking simply will not work. “Those are where one of the parties absolutely refuses to do peacemaking, or sometimes the people would agree to do certain things, like if they arrive at a consensus and somebody would renege on the agreement. So in those cases the adversarial system is available.”

Still, Yazzie believes that peacemaking can be used with any kind of case, even the most heinous type of crime. “I look at the criminal justice system as a system that stands on its own,” he said. “And then I see peacemaking stand on its own. We tell people that both are created from different ingredients, that peacemaking should remain as pure as pure can be and to try not to bring in any practice or procedures from the criminal justice sys-tem into peacemaking.”

However, said Yazzie, the two systems can work side by side; they can help each other, and this can be done either at the federal or state court level. “I’ve had federal judges come to me to ask me, ‘How can we work together to resolve crimes committed by juveniles, minors who end up in federal court?’ I told them that we can work together; we can use peacemaking and the federal court system hand in hand to come up with solutions. And I believe we are going in that direction.

Correctional institutions in this country have picked up on peacemaking and have been working with it. It took a lot of time. It’s taking a lot of education, a lot of persua- sion. Even among our people, we have to do the same thing.”

Yazzie believes that most of the knowledge, the foundation and the process of the restor-ative justice movement comes from the indig-enous experience. “In the Western world, the restorative concepts are long forgotten,” he said, adding, “People rely on books to relearn that stuff.” What he really doesn’t appreciate, he said, is “when I speak, people say, ‘Oh, you created peacemaking for the Navajo Nation.’

As a human being it’s impossible for me to do something like that. It comes from the people themselves. It comes from everybody. That’s what we call common law, the people’s law.

The experience of the people has been guided by the Holy People, way, way, way back.” Yazzie has written about the connection between Navajo peacemaking and restorative justice, citing the work of Donald Nathan-son, a psychiatrist in the restorative justice movement. Nathanson, he wrote, “tells us that as we grow from childhood, we learn scripts—ways of responding to things that frighten or anger us. These scripts fol- low what he calls the ‘compass of shame,’ relying on withdrawal, avoidance, ‘hurting self,’ ‘hurting other,’ or some combination of these.

If the script is an intense one, we see withdrawal into alcohol, avoidance by becoming a street person, literally hurting others, and hurting self in drug-dependence, suicide and other self-destructive behaviors. ... Harmful scripts cannot be addressed using suppression tactics.

They are best addressed by showing people the harmful effects of their conduct and the fact that there are better ways of dealing with the things that frighten or challenge them.

Navajo peacemaking speaks precisely to ‘the compass of shame’ by subdu-ing harmful scripts and teaching people how to avoid hurting others.”1 Robert Yazzie’s colleague and friend James Zion has been involved with Indian law since 1975 and with the native court system for 15 years.

Formerly solicitor to the courts of the Navajo Nation, he has published many articles on traditional Indian law, substan-tive aspects of traditional Navajo law and the international human rights of indigenous peoples. He is currently domestic abuse commissioner at the Crownpoint Family Court (an isolated community in northwest New Mexico) and adjunct professor in the department of criminal justice at Northern Arizona University.

He holds a Bachelor of Arts degree from the University of Saint Thomas, and a Juris Doctor degree from the Columbus School of Law, Catholic University of America.

A non-Indian, self-described “Montana populist,” he has been married to a Navajo woman and is fascinated with Indian customs, which, he said, “make a lot of sense for non-Indians.” Classic stereotypes portray Indians as “primitive and not bright,” said Zion.

In reality, however, their “tremendously sophis-ticated thinking opens the door to looking at our own culture.” Zion discussed the difference between An-glo (European or non-Native) and Indian justice.

“We are so used to presenting prob-lems to powerful decision makers (judges) for them to resolve that we cannot seem to un-derstand that there are other approaches,” he wrote.

“As Professor Leroy Little Bear of the Blood Nation in Alberta once put it, ‘The law shamans of white people must be very wise, because they can find the truth based on the lies of lawyers.’”2 “Anglo law is all about rules and principles,” said Zion, whereas in Indian justice the process is very important. Disputes are resolved not by rules but by the idea of relationships.

The basic concepts of Indian justice are relationships, reciprocity, solidarity and process, as opposed to hierarchy, said Zion. Central to Navajo justice is the concept of k’e, which Zion said can be loosely translated as “solidarity and reciprocity” or “what I do has an impact on you and what you do has an impact on me.” The Anglo world has a lot to learn from this concept, said Zion.

In the Anglo world, the individual trumps relation- ships, and that’s destructive. “We need to look at Indian concepts of relationships,” he said, adding, “People are not simply individuals in society. Everyone owes special obligations to others.”

The Navajo phrase hozhooji naat’aanii very loosely translates as peacemaking, but really means something more like “people talking together to re-form relationships with each other and the universe,” said Zion. Hozhooji means “rightness” and naat’aanii means “to talk.” The notion that there is a ripple effect to one’s actions—whether they are good or evil—is also basic to Indian philosophy. The Cree word for law is ki-ah-m, which trans-lates as “for everything you do, good or bad, there are consequences.”

This is a concept universal to indigenous people the world over, said Zion. Ubuntu, in Zulu, means the same thing. Anglos forced their court system on the Navajos back in 1892, said Zion. In 1959, the Navajos formed their own court system and destroyed the family system of justice.

Zion was first hired as head lawyer of the Navajo court system in 1981. At that point, the people in charge of the court felt that they had gone too far down the Anglo legal path.

They asked Zion to write the court rules for Navajo peacemaking in 1982. “They asked me to take them back to their Navajo roots. I had no idea how to do this,” said Zion. So he partnered with Navajo judges and redis-covered peacemaking.

“There is some controversy about that,” he said, “because of the perception of an Anglo lawyer dealing with Navajo tradition. At the time, I did not know what the tradi-tional procedure was, so I didn’t attempt to describe it. You know the literature that has developed on it as the peacemakers revived the traditional procedure. I wrote the rules in such a way as to nourish and support the traditional procedure—whatever it was.

Now, we are trying to figure it out.” Zion discovered that the old ways of justice were still being practiced “in the corners.” No one recognized that what they were doing was “alternative dispute resolution,” he said. “They just did what they had always done.” He told the story of a woman who called him up and asked him, “What’s peacemaking?” He explained it to her: people getting together to talk out their problems.

“Oh that!” she said. “They understand,” said Zion. He gave an example of a case on which he acted as a consultant in Crownpoint. A large family was battling over grazing permits.

Many Navajos showed up for the hearing from as far away as California, wanting apiece of the permits. The Navajo judge, Irene Toledo, shamed the group, asking, “What would your grandfathers think?” She told them to consider who really needed the permits and who would use them the best.

She said she would take the case to trial, but that meanwhile, everyone had to go to peacemak- ing court. Outside the courtroom after the hearing, people were already beginning to make peace. This illustrates the concept that Indians don’t resolve matters by rules, but by examining relationships, said Zion.

“I have been using my version of Navajo peacemaking in domestic abuse cases and it works wonderfully well,” said Zion, adding, “I’m finding that respondents usually admit what they do. Apology is powerful (although sometimes what was done was too serious to repair with one).

Talking about possible re-lief rather than just imposing orders is a very powerful restorative justice tool, and orders that explain why the court found domestic abuse and why certain relief is being given are also a powerful tool.”

Zion continued, “The procedure I use is my understanding of ‘talking things out,’ but at times, I have to instantly switch into Western judge mode. I’ve threatened con-tempt three times.” Zion mentioned that he recently presided over a Western-style adjudication trial.

“It’s a lot slower and less efficient than the traditional method,” he said. “Lawyers slow things down. I also saw firsthand what I suspected in theory before—adjudication not only permits denial; it also encourages lies.”

Asked how the concepts of the restorative justice movement interface with those of Indian justice, Zion said, “It’s a question of influence. The United States Department of Justice sponsored a restorative justice confer-ence a few years ago. Indians who attended were offended that no mention was made oftheir impact on these practices.”

He contin-ued, “Restorative justice probably evolved separately. It’s a process of borrowing and trading with each other. Navajos are Navajos because of their culture of borrowing.”

In Anglo mediation, said Zion, there is a concept of a neutral mediator or facilitator—someone unrelated to the parties involved. “To Navajos, that’s weird,” he said.

Relatives are usually the mediators. “To Navajos, neu-trality is irrelevant,” he added.

Regarding the role of the sacred in Indian justice, Zion said, “I was always leery of tap- ping into Navajo religion because I can’t know it.” He explained that prayer is important in the Navajo peacemaking process, but it’s dif- ferent from the Judeo-Christian concept of prayer. In the Indian perception, praying to a spirit compels it to be present.

This is part of the idea of a broader universe of spirit forces, or animism. The process of prayer creates a safe atmosphere in which confession is compelled in the form of naming one’s problems. “What I know about this is the tip of the iceberg,” added Zion.

Zion said that he disagrees with those who believe that Navajo justice practices can’t translate to other situations. They can, he said, “because Indians are human.” Being a non-Indian, Zion said that it has taken him a long time to get used to Navajo ways.

“Chief Justice Yazzie is always after me for my aggressive Anglo-lawyer ways,” said Zion, adding that it has taken him a long time to learn how to moderate them. He sang the praises of young Indian lawyers who are very articulate and yet make a point of lowering confrontational lawyer behavior. “Civility is very important to them,” he said. Judge Joseph Flies-Away is a prime example of this group, said Zion.

Flies-Away is an enrolled member of the Hualapai Nation, located on the South Rim of the Grand Canyon, in Arizona, U.S.A. A community and nation-building consultant specializing in justice system development, Flies-Away was chief judge for the Hualapai Tribal Court from 1996 to 1998, then associ-ate judge until 2001. He is now visiting judge at Gila River Indian Community Court of Appeals and Trial Court in central Arizona.

A graduate of Stanford University in English Literature, he holds a Master of Public Ad-ministration from Harvard University and is a candidate for Juris Doctor from Arizona State University College of Law.

The Hualapai tribal council appointed Flies-Away chief judge after his first year of law school. “There has never been a Hualapai to go to law school before me,” he said. But Flies-Away has no interest in being “a regular lawyer.”

It’s more important to him to help his people develop their own justice systems and establish community and nationhood. To that end, he currently consults for the Tribal Law and Policy Institute, a Native American-owned and operated non-profit corporation that promotes the enhancement of justice, health and culture among Native peoples, and the Native Nations Institute at the University of Arizona’s Morris K. Udall Center.

Flies-Away is completing a draft of a textbook in tribal constitutional and code development; writing a book entitled, in the Hualapai language, Ha:nk Wayo:hiyu (trans-lated as “Living Together Well” or “Peace Be With You”); helping the Hualapai tribe with policy writing in the health department; and finalizing a curriculum entitled, “HualapaiHealth Families: A Book of Heart Stones.”

One of Flies-Away’s missions is to help tribes develop their own court systems. Said Flies-Away, “Tribal courts are important to community and to nation building. They’re the mechanisms to promote peace.” He thinks that tribes should work harder to de-velop their own court systems. “Tribes don’t have to do it the Anglo way,” he said, add-ing,

“They can use their own ways and trade customs, as long as due process is met and records are kept. They don’t even have to be called courts.”

Too many tribes adopt state law, said Flies-Away. “Attorneys come into tribal court and say, ‘According to Arizona law...’ I tell them, ‘You’re not in Arizona right now. You’re in the Hualapai Nation. You don’t come here and tell us what Arizona law is! I’ll give you 10 minutes to talk to a clerk and find out what laws apply.’ Sometimes there are none.

It depends on where you are. There are not many rules in the Hualapai Nation.” Tribes can develop court rules on an ad hoc basis, said Flies-Away. They can decide to use what- ever parts of Arizona law they wish, for one case only, if they so choose.

However, said Flies-Away, a tribal justice system is more than a tribal court. “A court is only one, though critical, component of a justice system,” he wrote. “Other usual components include the police, the pros-ecutor, corrections, probation and parole. Some tribes, however, include much more in their justice systems: ancillary services such as education, health and social sup-port.

This kind of an all-embracing justice system is comprised of many human services programs that address deeper issues and not just the immediate legal matter or charge. An all-embracing justice system and tribal court pursues peace.”3 Ceremony and ritual are an important part of tribal court, said Flies-Away, and law is a very spiritual matter.

Spirituality does not, in this context, denote religion or church, but healing. “Spirituality helps to connect and bind us to each other as a community, as a tribe and as a nation,” he said. “It clari-fies relationships and is what makes healinghappen.”

When a person commits a criminal act, said Flies-Away, “People say, ‘He acts like he has no relatives.’” The purpose of law is to bring the person back into the fold, to heal him. “People do the worst things when they have no ties to people,” said Flies-Away, adding, “Tribal court systems are a tool to make people connected again.” In contrast, he said, “Anglo court processes are cold and icy.” As a tribal court judge, Flies-Away has entered hundreds of sen-tences prescribed by the tribe’s criminal code.

While he had punishment in mind when he issued these sentences, he also thought about healing the hurt or sickness that might be causing the criminal behavior in the first place.

Flies-Away provides assistance to several tribes that are planning, implementing or evaluating Tribal Healing to Wellness Courts. He was a member of the Tribal Advisory Committee, which, with the Tribal Law and Policy Institute and the U.S. Department of Justice, developed the publication, “Tribal Healing to Wellness Courts: The Key Com-ponents.”

The goal of these courts, it reads, is to “provide an opportunity for each Native community to address the devastation of alco-hol or other drug abuse by establishing more structure and higher levels of accountability for these cases and offenders through a system of comprehensive supervision, drug testing, treatment services, immediate sanctions and incentives, team-based case management and community support.”4 Flies-Away wrote that he is “no stranger to the spoils of alcoholism,”5 having been raised in an alcoholic community and family.

As judge for his people, Flies-Away wrote, he has heard and handled many alcohol-relat-ed cases that resulted in great personal and public injury, and seen defendants return to court numerous times on the same alcohol-related charges.

It became clear to him that a 30-day sentence and a $100 fine does not effectively deter abusive drinking, especially for those who are not averse to spending time in jail, and, more important, that detention does not address the underlying problems and social difficulties that the defendants face in their daily lives. To address this is-sue, Flies-Away has interpreted Hualapai laws to allow for the development of the Hualapai Wellness Court.

Flies-Away is optimistic about the poten-tial of such courts, writing, “The institu-tionalization of Healing to Wellness Courts amid some American Indigenous Nations suggests that a spiritual revolution is slowly unraveling on the rez [reservation]. Some- thing stunningly spiritual is happening to indigenous North American jurisprudence.

... My perspective suggests that this ‘native’ revolution’s primary purpose is to rid the in-digenous psyche of the remaining symptoms common to a conquered and cowed people... [including] extensive alcohol and drug abuse and their related devastating crime and delinquency.”6 Tribal Healing to Wellness Courts are one way that tribes are reintegrating traditional justice practices into their culture. Another way is through community policing initiatives, which resemble traditional tribal peacekeep-ing practices where everyone looked out for each other.

“As bands of tribes are comprised of many relatives,” wrote Flies-Away, “it was not only natural to police each other, it was expected, and a responsibility. Going back to this practice is becoming popular among all jurisdictions.”7

Flies-Away said that in some places, tradi-tional culture has been decimated, particu-larly on the east coast of the United States.However, he said, in the west and in Florida, among the Miccosukee and Seminole tribes, a lot of the old thinking remains.

“Some say we can’t do those things anymore,” said Flies-Away, adding, “Of course you can’t just go back in every way.” For example, he said, traditionally in many Native American cultures, women were not part of the power structure.

The challenge, he said, is “to make the old ways useful today, to help us make good decisions and be good people. You have to take from the past the things that work now.” These things can be found in stories, myth and memories, he said.

Sometimes tribes have to re-create cer-emonies, said Flies-Away, but that can be controversial. He spoke of a Lakota medicine man who objected to such re-creation on the grounds that his people had been taught to do things a certain way and was afraid that change would bring bad spirits. Said Flies-Away, “I’ve been told: ‘You can’t make new songs.’ But you have to be able to create new things.

I don’t think the spirits are going to beat us up for it.” Another challenge to bringing back the old ways is Christianity. “For so long, people were taught that the old ways were bad—customs of the devil,” said Flies-Away, adding, “People were brain-washed and that has to go away.” But, he believes, Christianity and traditional ways
can coexist in peace.

Asked how traditional practices interface with the modern restorative justice move-ment, Flies-Away said, “Restorative is who I am as a Hualapai. We and our traditions are an example of restorative ways.”

Tribes “have always had things tied to the group,” he said, while Anglos stressed the importance of the individual. “The notion that we are a collection, always working on the whole tribe and how to be good together” parallels restorative justice concepts, he said.

What Flies Away sees as a difference between the restorative justice movement and traditional practices is the importance of spirituality in Native American law.

Flies-Away said he was writing about restorative justice to promote it among his own people. “When I read Braithwaite, I said, ‘That’s who we are!’” (John Braithwaite, au-thor of Crime, Shame and Reintegration, is a professor at Australian National University’s Center for Restorative Justice. To read his paper, “Restorative Justice and a Better Future,” go to.)

“He talks about a new way to go,” said Flies-Away. “Restorative justice—the idea of working together in teams—is new in the judicial system. In drug courts, I tell our people, ‘This stuff is new to them, but not to you. You should know this.’” Added Flies

Away, “Sometimes we’re doing something traditional and we don’t know it.” For example, Flies-Away talked about how he went from the first year of law school to being chief judge of the Hualapai. Unsure of how to handle certain cases, he asked advice from tribal elders. He realized that in seek-ing wisdom and knowledge from them he was acting in a traditional manner. His fellow law students told him that he wasn’t supposed to do that; he was supposed to make his own rulings. But he realized that he valued other people’s decisions and wanted to make use of more than himself to decide matters.

Asked if Native justice practices can be use-ful in other cultures, Flies-Away said, “Sure!” All the peoples of the world traditionally had very similar ways of doing things, he said, cit-ing Celtic culture in particular. “It’s just that we’re closer to them. It’s only 100 years ago for us.”

Flies-Away spoke about a Hopi medicine man who thinks that Native American phi-losophy is going to save the world. A Hopiprophecy of the apocalypse alludes to a time when a web will cover the earth.

The web was originally conceived of as a spider’s web, then as electrical power lines. Now, said Flies-Away, the obvious metaphor is the World Wide Web. He concluded, “We’re at that point now when people will either blow each other up or make peace. Indigenous think-ing contributes to peace. We have decided as humans to move toward peace, but we have to keep applying restorative justice in how we do business.”

Further installments in this series will be appearing in subsequent issues of the Restor-ative Practices eForum.References.

1 Yazzie, Robert. (2000). Navajo Justice [electronic version]. Yes! Magazine, 15.

2 Zion, James W. (2000). Peacemaking: AFamily Affair [electronic version]. Yes!
Magazine, 15.


3 Flies-Away, Joseph. Stretching &Strengthening—The Sentencing Spec-trum In Tribal Court. In Ha:nk Wayo:hiyu. Unpublished manuscript.

4 Tribal Law and Policy Institute. (2003).Tribal Healing to Wellness Courts: The Key Components. NCJ 188154 [electronic version].

5 Flies-Away, Joseph. Healing to Well-ness Courts, Therapeutic JurisprudencePlus. In: Ha:nk Wayo:hiyu. Unpublished manuscript.

6 Ibid.

7 Ibid.


The series is not intended to be all-inclusive, but rather a broad thematic overview. A related eForum article, “The Wet’suwet’en Unlocking Ab- original Justice Program: Restorative Prac- tices in British Columbia, Canada,” can be read at Restorative Justice Practices.

© 2004 INTERNATIONAL INSTITUTE FOR RESTORATIVE PRACTICES April 27 2004

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A correctional officer, [guard], watches over the central exercise yard at Folsom State Prison. California built 21 prisons and tripled prison staff as the statewide inmate, [prisoner], population grew in the '80s and '90s.

UK: The injustice of jail
UK: Give or take Alcatraz, few prisons have a grimmer reputation than Holloway. The former chief inspector, David Ramsbotham, once declared it too disgusting to assess. Others have called the jail's cockroach-infested blocks the worst in the country. Holloway, its image pitched somewhere between Dante's Inferno and the penitentiary wing of Fawlty Towers, has never seemed a candidate for a good slammer award.