Facing the other way

The reporting on the closing stages of the appeal of Scott Rush, one of the 'Bali Nine', who has been sentenced to death (Age 17 July 10) raises for me the very question of the purposes of prisons today. The penitential systems in place in most countries imprison a person for a length of time that is proportional to the severity of the crime committed and which seems, from the outside, to involve a process of degradation in the company of other inmates also under degradation and in which there is little opportunity for real change of outlook on life. Indeed it is popularly understood that young criminals can learn much of the profession from other prisoners. It seems too, that the process of degradation is likely to turn all but the hardiest of people against society, rather than to reconcile them. Further, the popular view of treatment of criminals is that there is a debt to be paid to society. That is a euphemism for society requiring vengeance. Indeed the howls for 'just' treatment of criminals and the use of terminology, like 'animals', which seek to deny the humanity of the person, speak of a society that has no interest in the outcome for the convicted person but is only interested in getting its own anger off its chest. Such a system then is aimed at punishment not reform. Is this really a penitential system in the true sense of this word, and is it what our society (apart from the tabloid media and shock jocks) really wants?

Penitence is a word that derives from the Greek, metanoia, which is used in academic theology as a technical term meaning to turn around, or, literally, face the other way. There is no hint in its ancient meaning of revenge or punishment, in fact it is an event that ought to bring joy. The parable of the prodigal son involved metanoia on the part of the prodigal son who is welcomed back by his father when he finally decides to change his profligate behaviour. It is a telling side element of that parable that the prodigal's brother is angered by his father's welcome to the one who has expended his birthright on foolishness and loose living. How like the angry brother are we? This parable encourages us to be more like the father who welcomes his son's return with feasting and celebration. The essential action of the father is to recognise the turning around (or return) of his son and to respond with extravagant forgiveness. There is no extravagant forgiveness in our penal system.

More to the point, in the case of Scott Rush, is the threat of capital punishment. It is a fundamental tenet of Jewish and Christian faith that humans have no right to take the life of another human for whatever reason. 'Vengeance is mine says the Lord' from the Hebrew book of Deuteronomy sets aside punishment as a right for God, not of humans. Paul in his letter to the Romans gives a Christian sense of this fragment directing that enemies should be fed and watered, that evil is not overcome by more evil but by good. The death penalty leaves no option of reform.

A system that is truly penitential would have as its primary function not punishment but the reform of the prisoner to be capable of returning to society in an acceptable functional state. The sentence would be more logically 'until reformed' rather than for a time set by retributive measures. Society would have a responsibility to welcome, as the father of the prodigal son did, the reformed one back into the fold, killing the fatted calf and clothing him or her with the finest robes in celebration. Scott Rush speaks to this possibility in his letter to his MP: “I truly feel sorry for the hurt and pain I've caused to my parents. I hope to have the chance to prove I am capable of reform. I want to give back to my community and be an ambassador against drugs ...”

It is tantalising to think of the impact on a prisoner if when released from prison is greeted at the gate by a society which welcomed him, clothed, fed, housed and employed him, and most of all forgave and treated like a normal member of the community?

(The Age article referred to is viewable at http://www.theage.com.au/national/on-death-row-in-bali-scott-rush-prays-for-last-appeal-20100716-10ea8.html)