Let's Repeal And Replace Retributive Justice--Three R's Of A Repentance-Based Alternative

Can we offer "liberty and justice for all?"

In a recent series of podcasts, one of our state senators lamented the number of parole releases granted by the Virginia Parole Board earlier this year. He and three Commonwealth's Attorneys, along with a former Governor of Virginia (the one who in 1995 signed the "truth in sentencing" law that eliminated parole for all except those sentenced prior to that time) all agreed that the sentences imposed by courts should be carried out in full, with 15% of time granted for good behavior.

I'm guessing most of these were God-fearing folks who believe in redemption, yet not one example was given of anyone in prison actually having been corrected or redeemed. They all seemed to agree that no one guilty of a serious crime should ever be released before they had been sufficiently punished, and that decades after the fact, all prisoners remain as dangerous and evil as they were when they committed their crime.

Likewise, I heard not one word of support for any release the Parole Board has ever granted, even when in line with the Board's stated mission, "to grant parole to those offenders whose release is compatible with public safety."

I fully understand the need victims and their families feel for retribution or revenge after having suffered some traumatic loss. But should our prisons be primarily for punishment or for rehabilitation, as indeed implied by the name "Department of Corrections?"

Otherwise, if justice calls for everyone sentenced to life in prison to remain on a de facto "death row" until they die, there seems to be little point in offering classes designed for their rehabilitation or for learning trades or skills they will never be able to use. For them, there seems to be little point in even having a Parole Board at all.

The fact is, even multiple life sentences would never be enough to compensate for the trauma of a rape or the terrible tragedy of a brutal loss of human life. Only genuine repentance on the part of a wrongdoer, met with tough love, amazing grace and ongoing accountability, is a viable alternative.

So what if we had a repentance-based justice system rather than a purely retributive one?

To be clear, true repentance is not merely a matter of feeling remorse for a wrong, but is a demonstration of a change of heart, direction and behavior that results in a transformed life.

What follows is very much a work in progress, representing some of my brainstorming as to how that might work. :

Restitution: Courts should be redesigned to focus on repairing harm rather than merely meting out punishment. Restorative justice processes would focus on the needs of victims for reparation and restitution, with offenders being mandated to work in whatever ways necessary and for as long as necessary to right their wrongs. Wherever possible those with jobs would continue their employment and continue to support their families, wearing electronic monitoring equipment if needed, and would be supervised, mentored and counseled by trained professionals and by members of their families, congregations and other appropriate agencies and organizations.

Relocation: In cases where offenders are unrepentant, are unwilling to work and to make restitution and/or are clearly a danger to others, individuals would be moved into secure rehabilitation centers where they would be taught job skills, civic responsibility and be offered psychological and drug treatment. Some individuals might literally be relocated to other communities and offered support and help as outlined above.

Rehabilitation: In all cases the ultimate goal would be to restore people's lives, support them in repairing harms they have caused, and to help them become fully responsible, tax-paying and constructive members of their communities.

Everyone wins when that happens.