Fr Liam Power: Community Service - an effective alternative to a custodial sentence

Fiona Ni Chinneide, Deputy Director of the Probation Service, was interviewed on RTE's Morning Ireland programme last week. She discussed the importance of Community Service projects with Gavin Jennings. She certainly convinced me that Community Service, rather than a custodial sentence, in many instances, is a much more effective form of rehabilitation of criminal offenders.

We are all shocked at the level of serious, violent crime perpetrated in our communities at present. It is inevitable that fear and the need for security would dictate our response to such heinous crimes. 

The temptation to embrace ‘custodial populism’, whereby long-term prison sentences are seen as the only solution to crime, is very high. Applying a Christian perspective on criminal justice, punishment can't be the sole focus. Rehabilitation must be included in the criminal process.

The Catechism of the Catholic Church teaches that the state has a moral duty to protect the common good through the inflicting of punishment proportionate to the gravity of the offence, thus defending public order and protecting people’s safety. The late Pope Francis argues that it is entirely right for those who suffer injustice to demand justice and demand “that this person will not harm me or others again.” 

Such demands are essential to preserve the dignity they have received as a loving gift from God.

Pope Francis has also recounted how the power of “fear and resentment” can “easily lead to viewing punishment in a vindictive and even cruel way, rather than as part of a process of healing and reintegration into society.” 

However, both Pope John Paul II and Pope Francis emphasised the importance of an effective rehabilitation process. They highlighted the pervasive danger posed by dehumanising prison conditions to an effective rehabilitation process. 

Reports on our Irish prison system are not encouraging. The lack of safety in prisons is a worrying factor. 

The rising level of intra-prison violence and the rate of assaults are indicative of a poorly functioning system. 

Violence creates unstable and fearful environments for both prisoners and staff. This undermines the peace and order needed to support and sustain the rehabilitation of offenders. 

There are high rates of self-harm, overcrowding and ongoing lack of sanitary facilities in our prisons. The Compendium of the Social Doctrine of the Church warns that “the conditions under which prisoners serve their time do not always foster respect for their dignity; and often, prisons become places where new crimes are committed.” 

There are serious consequences when attempts at rehabilitation fail. It inevitably results in higher reoffending rates, culminating in a vicious cycle of crime, custody and reoffending.

The Christian response to criminal justice is to seek justice tempered by mercy. It seeks to integrate punishment and rehabilitation. Pope Francis wrote: “Justice is properly sought solely out of love of justice itself, out of respect for the victims, as a means of preventing new crimes and protecting the common good [...] Forgiveness is precisely what enables us to pursue justice without falling into a spiral of revenge or the injustice of forgetting.” 

Based on the gospel imperative, which is rather cryptically presented: “I was in prison and you visited me” (Matthew 25:36 ff), Christians believe that Jesus was clear in his command to remember the plight of the prisoner and to care for them.

Advocates of penal reform are promoting the practice of restorative justice. Its aim is to meet the needs of the victim, the offender, and restore confidence in the wider community. The victim receives a direct apology from the perpetrator, which can have enormous psychological benefits for the victim.

As already stated, Fiona Ni Chinneide recommends greater use of Community Service. We all acknowledge that custodial sentencing is necessary in many cases, but its overuse has negative consequences. For example, it has a very destructive impact on prisoners’ families. Community Service, on the other hand, whereby offenders are obliged to undertake unpaid work in the community for a specified number of hours can have a very positive effect. 

Ms Ni Chinneide pointed out that the rate of reoffending is significantly reduced when judges impose Community Service rather than a custodial sentence. This also serves to reintegrate offenders back into society and allows for rehabilitative involvement with family. 

It gives a structure to their day and a sense of purpose. To protect society, the liberty of the offender could, if necessary, be restricted through the use of electronic monitoring.

The hope of redemption is promised to all, including the criminal. We have the example of the good thief, crucified on Calvary, who acknowledged his offence, repented and through the mercy of God was promised redemption in the Kingdom. Jesus said, “Today you will be with me in paradise.”