Sentencing: Crime and Punishment - Victims and The Oppressed

On Sunday, 25 November 2007, the Feast of Christ the King and the last Sunday in the Year of the Church, Jonathan Chambers - who heads Anglican Criminal Justice Chaplaincy in Victoria - delivered the following sermon at the Church of St Thomas, Upper Ferntree Gully.

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The Reign of God in Luke’s Gospel .
Feast of Christ the King 2007 UFTG
Nature of the Kingdom of God -What sort of Kingdom?

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Jesus’ Final Words to another human being before he died were to the Criminal beside him “….Today you will be with me in paradise”

The Kingdom of God is not something in the future- It’s NOW
“Today you will be with me in paradise”
Why would Luke finish this way?

What clue does it give us to the Nature of the Kingdom of God?

To understand the nature of this Kingdom, it is necessary to go back to Nazareth and the Jesus Manifesto, his campaign speech:
The Spirit of the Lord is upon me,

because he has anointed me

to bring good news to the poor.

He has sent me to proclaim release to the captives

and recovery of sight to the blind,

to let the oppressed go free

to proclaim the year of the Lord’s favour.

And he rolled up the scroll,

gave it back to the attendant, and sat down.
The eyes of all in the synagogue were fixed on him.
Then he began to say to them,
Today this scripture has been fulfilled in your hearing.

……“Today you will be with me in Paradise”
The Reign of God which Jesus declared and commenced with his ministry was about:
God’s Justice
Relief from poverty
Release to Captives
Recovery of sight to the Blind
Freedom for the Oppressed

In Luke, we see Jesus living out His Manifesto about the Reign of God - and what it looks like - in his life, ministry and teaching

Good News To The Poor
Magnificat
He has brought down the powerful from their thrones,

and lifted up the lowly;

he has filled the hungry with good things,

and sent the rich away empty.

Beatitudes
Blessed are you who are poor,

for yours is the kingdom of God.
But woe to you who are rich,

for you have received your consolation

blessed are you who are hungry now,

for you will be filled.
Woe to you who are full now,

for you will be hungry.

And then there were:

The Rich Man and Lazarus
Zacchaeus – the rich man who shares his wealth. Salvation has come to your house Today

Jesus was concerned about the gap between Rich and Poor
Luke was concerned about the gap between rich and poor in the Christian Community for which he wrote his Gospel.

Look at:
Housing at Docklands and the High Rise Commission Flats of Fitzroy or Flemington
Median Household Income in Braybrook is $575 pw
Median Household Income in Kew is $1850
(Median Household Income in Upper Ferntree Gully [where St Thomas’s is] is $1277)
25% of Victoria's Prison intake comes from only 13/647 in Victoria

The Reign of God is about the rich like Zacchaeus sharing wealth with the poor; and including the socially disadvantaged through equal education, maternal health care, adequate housing, employment.

Hugh Mackay in yesterday's Age spoke of reclaiming egalitarianism- a fair go - which was part of our Australian culture only 15 years ago.

Release To The Captives
Jesus brought release and community inclusion from captivity of sin. He included the sinful woman who anointed his feet; release and inclusion to the Leper; release and inclusion to the sick woman bent over for eighteen years; release and inclusion of the hated Samaritan Leper who returned to thank him for healing.

In the Gospels, Jesus didn’t spring anybody from prison.
But in the Book of Acts, Luke records four occasions when early Christians were released from prison by Divine intervention. Demonstrating God did indeed come “to set the prisoners free”

“Holding people captive” is a foundation of our Criminal Justice system in Victoria in the hope that paying people back with deprivation of liberty will deter them and others from offending again.
But 62% of those who go to prison will return.
The payback system.

How does it sit with Jesus command to love your enemies and do good to those who hate you?
If someone strikes you on the cheek, offer the other also.

In the story of the Prodigal Son, contrast the response of the Loving Father and the Older Son to the Prodigal. We are challenged and overwhelmed by the generosity of the Father who doesn’t “give the prodigal what he deserves”

The wisdom of God’s Reign as shown in this story is demonstrated in the Truth and Reconciliation Commission of South Africa following apartheid.
“Healing through truth telling”.

Jesus shows the futility of inflicting more harm in order to “pay the price for the harm done”
Walter Wink says:
“As a society we run the risk in endeavouring to fight evil with evil – of becoming the very evil that we hate”.

God’s Reign and Kingdom looks to the future and aims to restore and repair the harm done. It builds up. It doesn’t beat people into submission.


Recovery Of Sight To The Blind
I discovered that The Blind in Luke’s Gospel were not the physically blind - whom Jesus healed - nor the spiritually blind who regained sight like Zacchaeus.

The Blind were Scribes and Pharisees who always complained about anything Jesus did to help anybody. “Tut tutting”. They are like Older Brother who complains that the son isn’t getting what he deserves, or like the Pharisees who complained that Jesus was breaking the rules.

In Victoria, The Blind - as far as the criminal justice system is concerned - are the Community in general. Because what goes on in prisons is hidden, we don’t know – other than what the press tells us. Or what the Ombudsman reports, as we saw this week.

The Press, generally, only report newsworthy stories- ones that will reinforce peoples’ beliefs and, particularly, prejudices. They don’t portray people as someone’s son or daughter, but dehumanise them stereotyping them as “Monsters” and defining them by the crime.
Murderer, Rapist, Paedophile, Thief.
Truly dangerous serial offenders = 2%.
The rest are tarred with same brush.

So the public are blind to the true story - and so there are calls for tougher sentences and longer jail terms.

• Academic studies by psychologists, criminologists and sociologists point to the futility of locking people up.
• Anyone who works in the prison system agrees it is counter productive and makes people worse.
• Politicians associated with the prison system know that it’s costly and ineffective, but not one is willing to risk the electoral backlash if they appear to be “soft on crime”
  

With no other voices, other than the media, the Community continues to be Blind.
We like to believe it’s a Just system,.
Collusion terms are there like “Collateral Damage” in War.
We talk about:
Humane containment. Duty of Care. Modern prisons.
We hide the damage done by kidding ourselves we are rehabilitating
And we euphemistically call the govt dept ‘Corrections Victoria’ – when 62% return !

You can’t bring about a change of heart when you’re holding someone under force, isolated from the community. We each need community to survive.

The Reign of God is demonstrated by the story of the Shepherd who would care for each lost one so much that he would do the irrational thing of leaving 99 to go after that one. And when he finds it, like the loving father who found his son, throw an extravagant party.

The kingdom of God is not about condemning the lost by exclusion,

but by seeking them out, costly caring and celebrating –

even when they don’t deserve it.

To Let The Oppressed Go Free
The oppressed in the Gospels are those who are captive. To Roman and Jewish Laws- which were oppressive. Served law makers – not the people.

In the Criminal Justice system “The Oppressed” are the Victims of Crime- who, because of our legal process, don’t get a fair hearing. Crimes aren’t against a victim; they are offences against the State.
Therefore the only reason for involving a Victim is to call them as a witness.

Howard Zehr:
We don’t listen to what they have suffered and need
We do not seek to give them back what they have lost
We do not help them recover
We may not even let them know what has transpired since the offence.

Consequently, Victims feel that no justice has been done which recognises their loss. There is no closure .Which leads to anger, fear, and demands for vengeance.

Consequently Victims of Crime Groups are angry –
because they are oppressed

A Restorative Justice system, focussed on healing the wounds, with compassion as seen in the tender treatment of the Good Samaritan to the victim of crime on the road from Jerusalem to Jericho would go a long way to letting these oppressed go free.

A compassionate system which gave a place for victims to be truly heard and which still held offenders accountable to restoration could result in more Victims of Crime becoming Survivors of Crime.

The Reign or Kingdom of God as shown by Jesus actions and teaching in Luke are clearly at odds with the values of the Kingdoms of this world.

The Day of the Lords Favour, which Jesus declared began with his ministry
“Today this scripture had been fulfilled”.

If God’s Reign, which commenced in Nazareth is to continue, then WE are called too - as Christ’s Body to-day -to practice what we preach.

We are to do what we can to:

• Restore the poor.
• “Make poverty history” not just overseas but for the households of Braybrook who receive $570 per week
• Set the captives free.
• Work to find better ways of making offenders accountable rather than locking them up. Impossible? We did away with the death penalty. They said you couldn’t abolish slavery yet Wilberforce knew about the Kingdom of God. As did Mandela.
• Open the Eyes of The Blind.
• We need to let the Community know the truth about what harm prison does. We need to inform politicians that they will lose their seats if they let this injustice continue. Because God’s justice isn’t about payback. It’s about restoring right relationships.
• Let the Oppressed go free.
• We need to change the legal system – so that it is not combative with winners and losers. To change it to a place where victims are truly heard and offenders are truly held accountable. A place where people don’t just look at an offence and say : “this is what you will have to pay for breaking the law”, but instead we ask the Victim “what can we do to heal the damage, what can the offender do to bring restoration, what reparation should be made to the community, and what can we do to help prevent this offender from needing to offend again.”

In Luke’s Gospel, Jesus’ final words to another human were addressed not to his disciples but to a criminal. Most of his followers had abandoned him. They were words of inclusion to the outcast who on his own admission was guilty - but who sought Jesus’ acceptance.
Today this scripture has been fulfilled
“….Today you will be with me in paradise”

Can we be as inclusive –
so that the Kingdom may come on earth as it is in heaven.
Today?
I believe yes, we can –
as people who want to live in the Reign of God and God’s Justice.

Jonathan also handed out a document with the title Victoria's Prison Population: 2001 to 2006. It, along with its statistical documentation, can be found here. It is a publication of the Sentencing Advisory Council.

For more about Howard Zehr and his work with Restorative Justice, see here.

The Campaign Thus Far from Crikey

Supersizing me where I live - Part 2

I - as I am sure you do, dear Reader - sometimes daydream about living in another period of human history. For Miss Eagle, her daydream is about time travelling to live as an Edwardian. Not a poor Edwardian mind you - probably an upper middle class Edwardian. So many things were happening then. New ideas, a new century and clothes were s-o-o elegant. But my daydream is tempered by the quote from John Rawls: The best measure of a just society is whether you’d be willing to be thrown into it at random.

That, dear Reader, is the crunch - is it not? I certainly would not want to be thrown at random and willy-nilly into Edwardian society. Would you, dear Reader, wish to be thrown random and willy-nilly into the first decade of 21st century Australian society? Before you give an unthinking yes to that question or reply that if you could come back as a miner in the Pilbara, let's pause for thought. Perhaps randomness and willy-nillyness would see you come back as a traditional Aboriginal person in a remote community in the Northern Territory. Or you might come back as a woman of Islamic faith who wears a hajib speaking with a broad Australian westie accent. Or a young man of middle-eastern appearance in Lakemba with a similar accent. Are you still willing to subject yourself to such randomness and willy-nillyness?

If your answer is no then Australian society in the first decade of the 21st century is not living up to the best measure of a just society as defined by John Rawls, the great moral philosopher of the 20th century.

As Australia heads for an election and the possibility of electing John Howard (who is in his sixty-ninth year) as Prime Minister for a fifth term heading for twelve years in office (the President of the USA can only have two terms of four years each), the question we should ask - as we should always ask of our nation - is: is Australia a just and fair society?

And, Miss Eagle has discovered, we give ourselves away on the justice issue in one crucial and historically verifiable way: our height. Now I am not clear where Australians are on the height table in relation to other nations but take a look at this article about the height of Americans vis-a-vis Northern Europeans. It appears that we write our communal and national history in our bodies and we can transcribe that history through our measurements, our personal vital statistics. We can match those vital statistics to historical events, to economic data like GDP and we can see what we are doing and have done to ourselves and to others.

Similar measures are outlined in the WHO Issues New Healthy Life Expectancy Rankings. Japan is top of the list and Australia is No. 2. The USA is not in the top ten. It rates 24th. Miss Eagle wonders if Australia might have topped Japan if mainstream Australia had been as concerned for Aboriginal health and well-being as it is for its own. Certainly, in the USA, efforts are poor at having an inclusive attitude to national health and well-being. Let's take a look:

1. You die earlier and spend more time disabled if you’re an American rather than a member of most other advanced countries.
2. Some groups, such as Native Americans, rural African Americans and the inner city poor, have extremely poor health, more characteristic of a poor developing country rather than a rich industrialized one.
3. The HIV epidemic causes a higher proportion of death and disability to U.S. young and middle-aged than in most other advanced countries. HIV-AIDS cut three months from the healthy life expectancy of male American babies born in 1999, and one month from female lives.
4. The U.S. is one of the leading countries for cancers relating to tobacco, especially lung cancer. Tobacco use also causes chronic lung disease.
5. A high coronary heart disease rate, which has dropped in recent years but remains high.
6. Fairly high levels of violence, especially of homicides, when compared to other industrial countries.
7. Lack of universal access to medical insurance thus limiting access to health care.
8. Eight million Americans are without a job.
9. Forty million Americans are without health insurance.
10. Thirty-five million Americans live below the poverty line.

So, dear Reader, next time rich, famous, and infamous Americans catch your attention and life looks great over there, please remember these ten points. Next time an American celebrity gives away lots of money and looks good doing it, remember the unfairness of those ten points.

Ask yourself, dear Reader: if you were one of those people in the statistics quoted in these ten points, would you rather have fairness and equity brought to you by public policy voted on by every citizen entitled to vote or would you rather be one of the deserving poor dependent on the selectivity of a rich person?

Now look at the Australian picture:

1. 1.05 million households have been classified as having "low economic resources" by the Bureau of Statistics. To fall into that category households had to have low levels of both income and wealth.
2. More than 820,000 children aged under 14 live in the 1.05 million households that have been classified as having "low economic resources"
3. After adjustment for family size and composition, the disposable income for low economic resources households was $262, less than half that of middle-expenditure households.
4. One in every eight of people living in "low economic resources" households are saying they gone without meals in the previous 12 months because of a shortage of money.
5. Almost one-third of the households said they spent more than they earned, suggesting they were either running up debt or drawing on meagre savings to make ends meet.
6. The number of sole parents who receive a pension is on the decline for the first time since 1997.
7. The proportion of lone mothers in the labour force - either in work or looking for work - grew from 49 per cent in 1997 to 60 per cent last year

The last two items need to be look at more closely in relation to income, child care costs, who is looking after the kids and in what circumstances?

Our national government has neglected Aboriginal voices for more than a decade. State and Territory Governments records are not good either. And the Australian voter has not given a sufficiently high priority to Aboriginal health and well-being - instead focussing on its own income and tax-cuts - to impress politicians with a demand for urgent attention. There is a lot of goodwill out there towards Aboriginal people and their concerns but mainstream Australia is not prepared to forego its own financial well-being or do without a tax cut to bring others, black or white, into a position of equity. Please read this speech by Lieutenant General John Sanderson and have a big think.

And what evidence do I have that mainstream Australians are prepared to put themselves and their own well-being ahead of other citizens? I give you the saga of the Merseyside Hospital in Devonport, Tasmania. This is a town with a population of just over 20,000 souls which has access to two nearby hospitals within a half hour and an hour's drive yet has demanded that its own hospital be kept open to the tune of at least $45 million in spite of the difficulty of attracting highly skilled staff and maintaining their skills, in spite of the fact that the hospital itself may not be able to operate in a manner in which safety is guaranteed.

A venal Prime Minister desperate to advance his election prospects has met these demands and thus encouraged a queue of similar demands to form.

It is not only our bodies that are getting fatter and taller, our minds are becoming sloppy and unreasonable and more grandiose.

Supersize me, Prime Minister, some citizens are saying - and do it right where I live.

Underemployment: an economic tool in the national interest?

The Australian Bureau of Statistics has to-day released figures on underemployment in Australia as at September 20005. You can find them here. The ABS figures are numbers. What do they mean? The figures mean that there are Australians out there ready, willing and able to undertake full time employment and they are searching for it. The figures mean that there are Australians out there who are being marginalized from full participaption in national economic life. The figures mean that there are Australians out there who can only find insecure employment. The figures mean there are Australians out there who are

• having difficulty making ends meet
• having difficulty getting and paying a mortgage
• having difficulty funding the best health, education, and sporting activity for their children
• having difficulty in accessing further education and training to become and remain competitive in the labour market
• having the prospect of losing what skills they already have
• having difficulty in building an appropriate superannuation nest egg for their old age.

Isn't this wonderful? Yet the rich personally and corporately minimise their taxes to obscene proportions; pressure politicians for even more tax cuts; and some even wonder why they should pay tax at all.

Full participation in the national economy is important for us all: rich and poor; business and consumer; government and corporate; young and old. An economy that is not built on equity is built on instability, on the volcano that one day might erupt.