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Analysis »
When jail may not be the solution:
An alternative could be 'restorative justice', which involves offenders
making direct amends

By: Silva Kandiah
First published: 26 January 04, TODAY

Jail - for molesters, grandmothers who harbour illegals, a mother with a handicapped son and, in the United States, for those who videotape movies.

There is much debate about the length of the sentences, but the larger debate should be about whether the world's justice systems are relying too much on jail sentences.

It is sad that there was no alternative punishment for the mother who had to go to jail and be separated from her handicapped son.

The purpose of prison is for restraint, retribution and rehabilitation. The two former intents are mostly fulfilled, but the issue is whether there are more civilised and less wasteful alternatives. As for the rehabilitative goal, there is evidence to say that it has failed.

Even in Singapore, where the prison system is doing well by world standards, a study released by the research and statistics department of the Subordinate Courts showed that 58 percent - or 33,167 of the 56,904 crimes committed in 2002 were by repeat offenders. It was a 10 percent increase over 2001.

More worrying was the finding that repeat offenders were committing more than one crime, at an average of 2.3 crimes in 2002 compared to 1.7 in 2001.

Did prison stays make them worse?

In the US, the Plain Truth magazine reported that, despite being called correctional institutions, the prisons have become so overcrowded that "the American justice system has all it can do to house inmates while they serve their time. Seeking to reform inmates is no longer a priority in most facilities".

Also in the US, statistics indicate that many released prisoners return to crime - often worse ones - and become targets for recruitment by organised crime in and outside the prison system and by terrorist groups.

The Plain Truth asked: "Have the very institutions we established to redeem errant citizens been turned into factories for hatred and violence?"

Other than locking up criminals whose freedom will be a menace to society and to serve as a deterrent, jail benefits no one. The state incurs huge expenditure in the trials, maintaining the system, dealing with the consequences of jailing someone, the army of counsellors for the prisoners and their families, the welfare arrangements and the post-release monitoring.

The convicted suffer punishment in excess of the jail terms - destroyed careers or businesses, shattered and separated families, legal fees and exposure to the excesses of prison such as violent behaviour or temperament, sexual deviation, homosexual rape and molest, organised crime, racism and disease.

Prison separates them from the institutions that could help them change - family, friends, religious communities and meaningful work. The victims endure the trials, loss of time, the medical and legal costs and little compensation. Even the fines go to the state.

So, what are the alternatives? These lie in the principles of restitution and compensation. The UK's Telegraph reported in July last year about the country's exploration of "restorative justice" as an alternative to the court system to save time and money, ease prison over-crowding and reduce the rate of re-offending. It involves criminals apologising to their victims and making amends and reparations, either to the victim or to the wider community by repairing property, cleaning premises or removing graffiti.

The measure has been a feature of the youth justice system in the UK for several years - a study showed a 25 percent drop in the level of re-offending.

In China, there was a case of a farmer who was caught for illegal logging and ordered to replant 30,000 trees, more than what he had cut down. Instead of being unproductive in prison, he was allowed to continue his vocation, redeem himself, restore the damage and pay back to society.

The advantage in such an approach was that the offenders would be more willing to confess and the victims more willing to come forward.

For people-scarce Singapore, a system that wastes lives and causes disruption ought to be reviewed.

The writer is a managing consultant with Integrative Learning Corp.

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