Most judicial systems around the world are based on the concept of punitive justice. That's to say, someone commits a crime and is punished for it by paying a fine or serving prison time. The fine, of course, is paid to the state. By contrast, a prisoner's expenses are paid BY the state. No where in this process is the victim or the victim's family or friends really involved. Offenses are deemed crimes against society, not against an individual. That's why criminal cases are usually named "The people vs John Smith" and not "[The victim] vs John Smith."
Restorative justice is an alternative path that emphasizes repairing the harm caused or revealed by criminal behaviour. It is best accomplished through cooperative processes that include all stakeholders..
Punitive justice doesn't do anything for the victim or his loved ones. And while prisons are usually called by some euphemism like 'correctional facilities,' rehabilitation isn't really what they're about. The punitive justice system is about punishment and that's it. That's why so many criminals leave prison even more hardened and anti-social than before they entered.
Restorative justice won't bring the dead back to life but it does make criminals to confront the effects of the crimes on other people. It pushes those who've done wrong to think of someone other than themselves. Without being so confronted, it's easy for the criminal to see himself as a persecuted victim.
I know that restorative justice won't going to work in all cases but it's something worth introducing on a small scale. My mom always said, "If you make a mess, clean it up." Punitive justice never forces anyone to clean up their mess. It simply grounds them for years or decades.
Radio Netherlands English Service did powerful documentary on how restorative justice in the New Zealand justice system.
Restorative justice is also being being attempted in Rwanda. It's a process that many see as the only way for true reconciliation to arrive in the country following the 1994 genocide.
Social issues, intl affairs, politics and miscellany. Aimed at those who believe that how you think is more important than what you think.
This blog's author is a freelance writer and journalist, who is fluent in French and lives in upstate NY.
Essays are available for re-print, only with the explicit permision of the publisher. Contact
mofycbsj @ yahoo.com
Friday, March 10, 2006
Thursday, March 09, 2006
What's in a name?
When it comes to hype, few enterprises are more guilty than the sports industry.
Major League Baseball recently invented something called the World Baseball Classic, which is baseball's lame attempt to copy soccer's World Cup. The problem, of course, is that the very definition of the word 'classic' implies some sort of long tradition. The first edition of something can not be called a classic, especially before it's even occurred.
Major League Soccer was guilty of this last season as well. The very first match in history (and all subsequent matches) between Los Angeles Galaxy and their city rivals Chivas USA were instantly dubbed Super Classicos.'
Actually, they were dubbed 'Honda Super Classicos.'
As if the deceptive use of the word 'classic' wasn't bad enough, throwing in a corporate sponsor to something that's supposed to add mystique seems to defeat the whole point.
Worst of all were matches between the league's two newest teams, Chivas USA and Real Salt Lake. Some genius decided to call these contests 'Expansion classicos.'
Anyone with an ounce of common sense should understand that the phrase 'Expansion classico' is a contradiction in terms.
Matches between Los Angeles and the former San Jose Earthquakes became known as California Classicos. This occurred not because some suit decreed it so and decides to slap a corporate sponsor in front of it, but because the two teams played some incredible matches in front of great crowds and developed the most intense rivalry in MLS.
And this doesn't even take into consideration something called the World Series, which involves baseball clubs from two of the world's approximately two hundred countries.
Of course, American sports aren't the only ones guilty of this excessive hype. Tokyo hosts an annual match called the Toyota Cup, which most of the soccer press refers to as the World Club Cup, and the winner as the World Club Champion. This is simply not true, as the match involves only the champions of South America and Europe.
In 1998, US and North American champions DC United defeated South American champions Vasco da Gama in the Interamerican Cup. Yet, it was Vasco da Gama who ended up playing Real Madrid in the 'World Club Cup.' Go figure.
Major League Baseball recently invented something called the World Baseball Classic, which is baseball's lame attempt to copy soccer's World Cup. The problem, of course, is that the very definition of the word 'classic' implies some sort of long tradition. The first edition of something can not be called a classic, especially before it's even occurred.
Major League Soccer was guilty of this last season as well. The very first match in history (and all subsequent matches) between Los Angeles Galaxy and their city rivals Chivas USA were instantly dubbed Super Classicos.'
Actually, they were dubbed 'Honda Super Classicos.'
As if the deceptive use of the word 'classic' wasn't bad enough, throwing in a corporate sponsor to something that's supposed to add mystique seems to defeat the whole point.
Worst of all were matches between the league's two newest teams, Chivas USA and Real Salt Lake. Some genius decided to call these contests 'Expansion classicos.'
Anyone with an ounce of common sense should understand that the phrase 'Expansion classico' is a contradiction in terms.
Matches between Los Angeles and the former San Jose Earthquakes became known as California Classicos. This occurred not because some suit decreed it so and decides to slap a corporate sponsor in front of it, but because the two teams played some incredible matches in front of great crowds and developed the most intense rivalry in MLS.
And this doesn't even take into consideration something called the World Series, which involves baseball clubs from two of the world's approximately two hundred countries.
Of course, American sports aren't the only ones guilty of this excessive hype. Tokyo hosts an annual match called the Toyota Cup, which most of the soccer press refers to as the World Club Cup, and the winner as the World Club Champion. This is simply not true, as the match involves only the champions of South America and Europe.
In 1998, US and North American champions DC United defeated South American champions Vasco da Gama in the Interamerican Cup. Yet, it was Vasco da Gama who ended up playing Real Madrid in the 'World Club Cup.' Go figure.
Tuesday, March 07, 2006
Ali Farka Touré: 1939-2006
I was saddened to read of the passing of Ali Farka Touré. The Malian was one of Africa's best and most famous musicians. He won a Grammy for his album Talking Timbuktu, which he made with Ry Cooder. But his albums Niafunké and Radio Mali were even better, in my opinion, if less well-known. One of the reasons I loved his sound was that while the music of many other African artists popular in the west is overproduced, Ali Farka Touré's music was very simple and organic. The greatest complement I can pay his music is that whenever I heard it, I was instantly transported back to my small West African village.
He had been recently named mayor of his home village Niafunké. It's worth noting that despite international reknown, he chose to remain in the dusty and generally unpleasant Sahel rather than moving to New York or Paris. While there, he tried to use his fame to improve the lives of his fellow villagers. He was also active in supporting young, up and coming Malian musicians.
His music is truly a joy to listen to.
Note: A humorous anecdote. A few years ago, my sister and her boyfriend were over. I had Talking Timbuktu (which Farka Touré recorded with Ry Cooder) in my CD player. My sister's boyfriend saw the album cover and asked, "Who's that guy with Ry Cooder?" I laughed and said, "That's funny because when I first saw the cover, I wondered who was that guy with Ali Farka Touré." We both chuckled.
He had been recently named mayor of his home village Niafunké. It's worth noting that despite international reknown, he chose to remain in the dusty and generally unpleasant Sahel rather than moving to New York or Paris. While there, he tried to use his fame to improve the lives of his fellow villagers. He was also active in supporting young, up and coming Malian musicians.
His music is truly a joy to listen to.
Note: A humorous anecdote. A few years ago, my sister and her boyfriend were over. I had Talking Timbuktu (which Farka Touré recorded with Ry Cooder) in my CD player. My sister's boyfriend saw the album cover and asked, "Who's that guy with Ry Cooder?" I laughed and said, "That's funny because when I first saw the cover, I wondered who was that guy with Ali Farka Touré." We both chuckled.
Monday, March 06, 2006
View from a mud hut
This essay is part of a (more or less) weekly feature on this blog that presents interesting stories from elsewhere in the world, particularly Africa, that are little reported in the American media. It's part of my campaign to get people to realize there is a lot going on in the world outside the US, Israel and Iraq.
The Globalist has an interesting account of life in Burkina Faso. Newly arrived Peace Corps Volunteer (PCV) Nathalie Boittin writes of her experiences in the West African country.
Some are fairly common among new PCVs:
The first few days in my village were probably the toughest days of my service to date.
I felt like I didn’t know the language, I certainly didn’t know anyone in the village — and I still wasn’t sure just how I was expected to either empower or educate the girls.
Others sure ring familiar to me even though I was in Guinea.
At first, I had to make an effort to get myself to leave the house each morning to go and “talk” to people in the village — a process which involved a lot of hand gestures and pointing and big smiles.
It was rather unnerving being the constant center of attention. Few people had ever interacted with a white person (or “Toubakou,” in the Fulfuldé language) for any significant amount of time. And many of the younger children had never seen a toubakou at all — and initially fled in terror whenever I came near.
The Burkinabé, much like Guineans and other West Africans, must have a bit of Italian in them:
They also go a little overboard feeding me. Giving food to others is an integral part of hospitality here, but it can get to be a bit much — especially since they aren’t exactly feeding me Caesar salads.
Well maybe just in spirit:
They bring a giant bowl of tô (a kind of thick millet dough served with various sauces, that people here eat morning, noon, and night) to me every single evening — and occasionally at noon, too.
Eventually she, like most PCVs, found her rhythm:
Incidentally, the children are no longer afraid of me. They are much more likely to follow me around, run after me when I bike over to the water pump to get my water every day, or offer to get the water for me, than to run away.
Not only that, but now that I have more or less navigated the difficult period of settling in, getting used to people and language, and getting them to accept me as their daughter/sister/niece/non-wife, I can actually start getting some work done, which leads me to a whole new challenge and adventure — figuring out the whole girls’ empowerment thing!
Good luck Nathalie!
The Globalist has an interesting account of life in Burkina Faso. Newly arrived Peace Corps Volunteer (PCV) Nathalie Boittin writes of her experiences in the West African country.
Some are fairly common among new PCVs:
The first few days in my village were probably the toughest days of my service to date.
I felt like I didn’t know the language, I certainly didn’t know anyone in the village — and I still wasn’t sure just how I was expected to either empower or educate the girls.
Others sure ring familiar to me even though I was in Guinea.
At first, I had to make an effort to get myself to leave the house each morning to go and “talk” to people in the village — a process which involved a lot of hand gestures and pointing and big smiles.
It was rather unnerving being the constant center of attention. Few people had ever interacted with a white person (or “Toubakou,” in the Fulfuldé language) for any significant amount of time. And many of the younger children had never seen a toubakou at all — and initially fled in terror whenever I came near.
The Burkinabé, much like Guineans and other West Africans, must have a bit of Italian in them:
They also go a little overboard feeding me. Giving food to others is an integral part of hospitality here, but it can get to be a bit much — especially since they aren’t exactly feeding me Caesar salads.
Well maybe just in spirit:
They bring a giant bowl of tô (a kind of thick millet dough served with various sauces, that people here eat morning, noon, and night) to me every single evening — and occasionally at noon, too.
Eventually she, like most PCVs, found her rhythm:
Incidentally, the children are no longer afraid of me. They are much more likely to follow me around, run after me when I bike over to the water pump to get my water every day, or offer to get the water for me, than to run away.
Not only that, but now that I have more or less navigated the difficult period of settling in, getting used to people and language, and getting them to accept me as their daughter/sister/niece/non-wife, I can actually start getting some work done, which leads me to a whole new challenge and adventure — figuring out the whole girls’ empowerment thing!
Good luck Nathalie!
Sunday, March 05, 2006
Troops want out of Iraq... but first, more on Banana Boy!
Recently, the respected polling firm Zogby found that 72 percent of American troops in Iraq think the US should exit the country within this year.
Additionally:
-42 percent say U.S. role is hazy
-A [p]lurality believes Iraqi insurgents are mostly homegrown
-A [m]ajority of troops oppose use of harsh prisoner interrogation
-[J]ust one in five troops want to heed Bush call to stay “as long as they are needed”
I've never been a big fan of militarocracy, government by soldiers. I'm especially wary of giving carte blanche on our foreign policy decisions to a group where Almost 90% think war is retaliation for Saddam’s role in 9/11. It is widely known (outside those circles apparently) that Saddam had no role in 9/11.
But many Americans HAVE cited absolute deferrence to soldiers as a reason to eliminate democratic debate on the wisdom of the war. They've used the excuse that criticizing the aggression or the president would (hold hand over heart) undermine troop morale. Because according to them, soldiers are too weak of mind and fragile in spirit for any criticism of their commander-in-chief to be brokered. That's why we must suspend the normal democratic rules at home while the soldiers are on their sacred Crusade of spreading democracy abroad.
So what do those folks make of information like this? Does this mean that the soldiers are anti-troop? Has this famously conservative demographic suddenly become a bastion of left-wing hippie radicalism?
If you demanded absolute deferrence to them before, don't change your mind now.
Perhaps the soldiers are, along with many other Americans, starting to recognize that 'Don't cut and run' is smokescreen, not a strategy. Maybe they've realized that 'Stay the course' is empty rhetoric if no one, including the president, has any clue what that course is.
Our local daily actually did run a wire service story on the poll, contrary to some expectations.
I understand that the paper wants to emphasize stories with a local slant. But while Mega Millions lottery fever and the [insert catchy music] continuing saga of Banana Boy have been deemed worthy of front page placement, this significant story about surprising opinions of those required to risk their lives executing the biggest foreign policy disaster in a generation was buried on page A3, just above liquor and furniture ads.
Additionally:
-42 percent say U.S. role is hazy
-A [p]lurality believes Iraqi insurgents are mostly homegrown
-A [m]ajority of troops oppose use of harsh prisoner interrogation
-[J]ust one in five troops want to heed Bush call to stay “as long as they are needed”
I've never been a big fan of militarocracy, government by soldiers. I'm especially wary of giving carte blanche on our foreign policy decisions to a group where Almost 90% think war is retaliation for Saddam’s role in 9/11. It is widely known (outside those circles apparently) that Saddam had no role in 9/11.
But many Americans HAVE cited absolute deferrence to soldiers as a reason to eliminate democratic debate on the wisdom of the war. They've used the excuse that criticizing the aggression or the president would (hold hand over heart) undermine troop morale. Because according to them, soldiers are too weak of mind and fragile in spirit for any criticism of their commander-in-chief to be brokered. That's why we must suspend the normal democratic rules at home while the soldiers are on their sacred Crusade of spreading democracy abroad.
So what do those folks make of information like this? Does this mean that the soldiers are anti-troop? Has this famously conservative demographic suddenly become a bastion of left-wing hippie radicalism?
If you demanded absolute deferrence to them before, don't change your mind now.
Perhaps the soldiers are, along with many other Americans, starting to recognize that 'Don't cut and run' is smokescreen, not a strategy. Maybe they've realized that 'Stay the course' is empty rhetoric if no one, including the president, has any clue what that course is.
Our local daily actually did run a wire service story on the poll, contrary to some expectations.
I understand that the paper wants to emphasize stories with a local slant. But while Mega Millions lottery fever and the [insert catchy music] continuing saga of Banana Boy have been deemed worthy of front page placement, this significant story about surprising opinions of those required to risk their lives executing the biggest foreign policy disaster in a generation was buried on page A3, just above liquor and furniture ads.
Friday, March 03, 2006
The strange doings of Mahatma Bush and Silvio of Nazareth
-Bush: Iraqis Must Choose 'Chaos or Unity'. President Bush smugly lectures Iraqis, "It's your responsibility to clean up the mess we created. For your Liberation of course. Now snap to it!" Of course, he gave his lecture not in Iraq to Iraqis but in Washington alongside Italian prime minister Silvio Berslusconi.
-Speaking of Silvio, he recently compared himself to Jesus Christ. The president's chum called himself "the Jesus Christ of Italian politics." Adding, "I am a patient victim. I put up with everything, I sacrifice myself for everyone." And to think, most of us thought he was merely an ethically challenged media tycoon.
-Not to be outdone, during his visit to India, President Bush will reportedly lay a wreath at the grave of Gandhi. So the man who's ordered more wars than anyone in the 21st century will honor the 20th century figure whose very name is synonymous with non-violence. Of course, the president also gave a presidential medal of freedom to Muhammad Ali, who was once excoriated for his opposition to another insane war of aggression. Then again, Americans weren't fooled by that ruse either.
-Speaking of Silvio, he recently compared himself to Jesus Christ. The president's chum called himself "the Jesus Christ of Italian politics." Adding, "I am a patient victim. I put up with everything, I sacrifice myself for everyone." And to think, most of us thought he was merely an ethically challenged media tycoon.
-Not to be outdone, during his visit to India, President Bush will reportedly lay a wreath at the grave of Gandhi. So the man who's ordered more wars than anyone in the 21st century will honor the 20th century figure whose very name is synonymous with non-violence. Of course, the president also gave a presidential medal of freedom to Muhammad Ali, who was once excoriated for his opposition to another insane war of aggression. Then again, Americans weren't fooled by that ruse either.
Thursday, March 02, 2006
George Washington spied on people's emails too
Though this happened a few weeks ago, a friend just pointed this out to me. Almost as if to show that just when you think the administration's credibility can't get any lower, they prove you wrong.
In his Senate testimony last month on the president's probably illegal domestic spying program, Attorney General Alberto Gonzales (who infamously claimed the government's right to torture) made a number of extraordinary claims. But the most novel one was this:
"President Washington, President Lincoln, President Wilson, President Roosevelt have all authorized electronic surveillance on a far broader scale."
So THAT's how the north won the Civil War: Lincoln was secretly intercepting Jefferson Davis' text messages!
Perhaps this is why Republican senators reportedly refused to put the attorney general under oath before his testimony.
I think we should take it easy on President Bush. I heard Caesar tapped cell phones too.
Note: Before one dismisses Gonzales' comment as an honest, off-the-cuff mistake, it's worth noting that he was reading a prepared statement.
In his Senate testimony last month on the president's probably illegal domestic spying program, Attorney General Alberto Gonzales (who infamously claimed the government's right to torture) made a number of extraordinary claims. But the most novel one was this:
"President Washington, President Lincoln, President Wilson, President Roosevelt have all authorized electronic surveillance on a far broader scale."
So THAT's how the north won the Civil War: Lincoln was secretly intercepting Jefferson Davis' text messages!
Perhaps this is why Republican senators reportedly refused to put the attorney general under oath before his testimony.
I think we should take it easy on President Bush. I heard Caesar tapped cell phones too.
Note: Before one dismisses Gonzales' comment as an honest, off-the-cuff mistake, it's worth noting that he was reading a prepared statement.
Wednesday, March 01, 2006
Happy Peace Corps Day
Today is national Peace Corps Day. It's the anniversary of the day in 1961 when President Kennedy signed the executive order creating the Peace Corps. A few years ago, I wrote this essay (slightly modified since) in honor of Peace Corps Day. It's become a bit of a tradition for me to re-post it every March 1.
Moms and dads have their day. Old presidents have their day. So do labor unions and medeival saints. Soldiers have two official days plus numerous 'support our troops' rallies. Even bosses and secretaries have days, according to Hallmark. So why not Peace Corps volunteers?
Today is Peace Corps Day. It's the 43rd [now 45th] anniversary of the day President Kennedy signed the executive order creating the Peace Corps.
Some people think the Peace Corps is a military organization. In fact, it's the antithesis. It's an organization which sends volunteers to developing countries to engage in such activities as teaching, public health, environmental management and small business development.
Volunteers receive a living allowance to cover their basic expenses and are provided housing, but are otherwise not paid. They received a modest readjustment allowance following completion of their service and a small (10 percent when I left) reduction in federal student loans. But they otherwise receive further medical care or educational benefits. There is a small movement to obtain for departing volunteers benefits more similar to those received by those leaving the military, but it hasn't gotten anywhere.
The goals of the Peace Corps, according to the organization's website, are three:
1. Helping the people of interested countries in meeting their need for trained men and women.
2. Helping promote a better understanding of Americans on the part of the peoples served.
3. Helping promote a better understanding of other peoples on the part of all Americans.
Suffice it to say, all three goals have been important since the organization was created but #2 seems particularly crucial in the era of post-9/11 random invasions. Though increasingly, it feels like a "one step forward, three steps back" routine.
There have been many books on "the Peace Corps experience" (which is about as broad a generalization as "the American mentality"). Nevertheless, some themes tend to be pretty common among them.
-Go to God-foresaken country with the expectation to save the noble savages.
-Learn that they are not savages and that they are noble/ignoble in more or less the same proportion as Americans.
-Sense of loneliness in a totally alien culture.
-Learn that life without TV/computer is not the apocalypse.
-Leave with the realization that you learned more than they did.
-Sadness when they have to leave their village/city.
-Transmit these themes interspersed with a lot of humorous anecdotes.
-Commentary on the impact of American foreign policy, French foreign policy and the IMF/World Bank may be included.
Common themes for volunteers who served in sub-Saharan Africa are as follows:
-Annoyance at people who call you 'toubabou' (or whatever the local language word for 'white person' is); "My name isn't 'toubabou'," fumes the author. "My name is John!"
-Agitation that everyone wanted you to marry their sister/brother/son/daughter or get them a visa to go to America.
-Rage at the dichotomy between the fabulous wealth of the political elite and the overwhelming poverty of the masses.
-Observation to the effect that "[nationality] are so poor monetarily but so rich in spirit/culture/community."
-Elogies about how welcoming [nationality] are to strangers.
-A brief history of the country and the legacy of European colonialism.
-Maddening anecdotes about dealing with corrupt officials, musings on heat, mosquitoes and hygeine and comical (or frightening) travel stories.
-General commentary about "the African condition" may be included.
(And just so I don't sound like a snob, I included every one of these themes in my journal and letters home)
The best book I've ever read about "the Peace Corps experience" was George Packer's The Village of Waiting. It was a wonderfully written book in its own right. But I enjoyed it even more because, even though it was set in Togo and I served in Guinea, it was pretty much the story of my experience. Reading The Village of Waiting is why I decided not to write a strictly autobiographical account of my experience: it had already been done.
Moms and dads have their day. Old presidents have their day. So do labor unions and medeival saints. Soldiers have two official days plus numerous 'support our troops' rallies. Even bosses and secretaries have days, according to Hallmark. So why not Peace Corps volunteers?
Today is Peace Corps Day. It's the 43rd [now 45th] anniversary of the day President Kennedy signed the executive order creating the Peace Corps.
Some people think the Peace Corps is a military organization. In fact, it's the antithesis. It's an organization which sends volunteers to developing countries to engage in such activities as teaching, public health, environmental management and small business development.
Volunteers receive a living allowance to cover their basic expenses and are provided housing, but are otherwise not paid. They received a modest readjustment allowance following completion of their service and a small (10 percent when I left) reduction in federal student loans. But they otherwise receive further medical care or educational benefits. There is a small movement to obtain for departing volunteers benefits more similar to those received by those leaving the military, but it hasn't gotten anywhere.
The goals of the Peace Corps, according to the organization's website, are three:
1. Helping the people of interested countries in meeting their need for trained men and women.
2. Helping promote a better understanding of Americans on the part of the peoples served.
3. Helping promote a better understanding of other peoples on the part of all Americans.
Suffice it to say, all three goals have been important since the organization was created but #2 seems particularly crucial in the era of post-9/11 random invasions. Though increasingly, it feels like a "one step forward, three steps back" routine.
There have been many books on "the Peace Corps experience" (which is about as broad a generalization as "the American mentality"). Nevertheless, some themes tend to be pretty common among them.
-Go to God-foresaken country with the expectation to save the noble savages.
-Learn that they are not savages and that they are noble/ignoble in more or less the same proportion as Americans.
-Sense of loneliness in a totally alien culture.
-Learn that life without TV/computer is not the apocalypse.
-Leave with the realization that you learned more than they did.
-Sadness when they have to leave their village/city.
-Transmit these themes interspersed with a lot of humorous anecdotes.
-Commentary on the impact of American foreign policy, French foreign policy and the IMF/World Bank may be included.
Common themes for volunteers who served in sub-Saharan Africa are as follows:
-Annoyance at people who call you 'toubabou' (or whatever the local language word for 'white person' is); "My name isn't 'toubabou'," fumes the author. "My name is John!"
-Agitation that everyone wanted you to marry their sister/brother/son/daughter or get them a visa to go to America.
-Rage at the dichotomy between the fabulous wealth of the political elite and the overwhelming poverty of the masses.
-Observation to the effect that "[nationality] are so poor monetarily but so rich in spirit/culture/community."
-Elogies about how welcoming [nationality] are to strangers.
-A brief history of the country and the legacy of European colonialism.
-Maddening anecdotes about dealing with corrupt officials, musings on heat, mosquitoes and hygeine and comical (or frightening) travel stories.
-General commentary about "the African condition" may be included.
(And just so I don't sound like a snob, I included every one of these themes in my journal and letters home)
The best book I've ever read about "the Peace Corps experience" was George Packer's The Village of Waiting. It was a wonderfully written book in its own right. But I enjoyed it even more because, even though it was set in Togo and I served in Guinea, it was pretty much the story of my experience. Reading The Village of Waiting is why I decided not to write a strictly autobiographical account of my experience: it had already been done.
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