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Stabroek News

Forgiveness, justice and rehabilitation
published: Sunday | March 16, 2008


File
Forgiveness involves reaching out to those who have offended you.

The following article was submitted by the Public Theology Forum, an ecumenical group of ministers of religion and theologians.

It's a truism that the quality of the justice of a society can be judged by how it treats its most vulnerable. In a similar vein, we can perhaps argue that the quality of the mercy of a society is to be judged by how it treats those who do wrong, especially serious wrong.

There is no doubt that Jamaicans are subjected daily to many incidents of personal and social violence. There is no question that Jamaicans are increasingly tolerant of acts of violence and corruption, so long as they are not harmed personally, or stand to benefit.

Clearly, we are a society riddled with contradictions - on the one hand, this is a society which is highly tolerant of wrong doing and wrong doers. Many communities and individuals rally around and protect persons who have committed murder, extortion, or allow them to meld into the community with little social opprobrium from the majority.

On the other hand, there is a streak in the Jamaican character and society that is rooted in unforgivingness and this is often exhibited in the outbreaks of mob violence and the vigilante justice that gets meted out on persons like those suspected of praedial larceny. This is not dissimilar to the ways in which many take pleasure in the public disembowelling of those who have been caught "with their hands in the cookie jar" or "pants down". Many column inches are used up as writers salivate over the downfall of others.

Notion of forgiveness

In such a situation, it seems foolhardy and a little disingenuous to even mention a notion like forgiveness. Yet, the Christian season of Lent which, commenced on Ash Wednesday and climaxes on Easter Sunday, invites us to contemplate the sacrifice and example of Jesus Christ and what meaning it might have for a society such as ours.

In Luke's account of the crucifixion of Jesus, among the words spoken by Jesus from the cross were "Father, forgive them for they do not know what they are doing." In so doing, he asked pardon for those that had handed him over, those who had sentenced him and those that had participated in his crucifixion.

These words of Jesus stand as a challenge to Jamaica as we seek to build a society that truly understands the meaning of forgiveness.

As things now stand, we tend to reduce the notion of forgiveness to a personal private matter between individuals.

Furthermore, forgiveness is dismissed as an activity for weak people, i.e., those who don't have the power to get even or take revenge. (It is a spectacle to behold conflict between children where one threatens the other to bring an older sibling or parent to fight his opponent who has bested or dissed him in some way. So we could point out that an unforgiving spirit may be the last refuge of a cowardly person.)

Forgiveness, therefore, is seen to be unrelated to larger social issues or public matters that resonate on the lives of many persons. As individuals we often relish being in position to pass judgement on others.

Interestingly, even as the Western world becomes less inclined to listen to the voice of religion, it is worthwhile to note that our very justice system is built upon religious law which has its roots in both Roman and British law.

As such, the very development of notions of due process is in the service of the dignity of the person and the message of forgiveness. The duty to protect the liberty of the subject and the dignity and civility of our human arrangements in the society remains non-negotiable, however wrong the wrongdoing.

Punishment and recompense

A key dimension of forgiveness that is often forgotten is that to forgive does not remove the need for punishment and recompense.

Only recently, a young policeman admitted to the courts that he had fabricated the evidence against an accused man who was before the court on a charge of murder.

The law demands that he should be tried for seeking to pervert the course of justice. If found guilty, he should be confined for the appropriate period; if the court were to chose leniency and not impose a period of confinement, justice would still be served.

It is the prerogative of a court of law to make the correct findings in such circumstances. The men who were harmed by his actions, along with his colleagues in the force, and many Jamaicans will wrestle with how we feel with and deal with this repentant young man.

Some may argue that the prerogative of the court to exercise mercy should be exercised in this instance, but we must tread carefully in assuming that mercy and pardon are one and the same.

Forgiveness requires and is tied to notions of repentance and reconciliation. In our justice system, there needs to be a deepened emphasis on rehabilitation and restorative justice that goes beyond simply the paying of penalties for wrong done.

Cheap forgiveness is what undermines the very importance of the experience of Christ. There are those who contend that the spirit of forgiveness displayed by Jesus is the enemy of the demand to protect the rule of law and the honour of the just cause. They will maintain that to willingly offer forgiveness reinforces wrong doers in their wrongdoing.

The stench of corruption and the abuse of power demand that firm and resolute measures are taken to send the strongest signal possible.

Merit of forgiveness

This intuition has much merit, but it needs to be tempered by the awareness of two sources of dangers. The first is the reminder that comes from the source of our learning about the merit of forgiveness.

We learned forgiveness from a Roman cross. Jesus was placed on that Roman cross by the righteous indignation of those who wanted firm and resolute measures to send the strongest signal. This does not mean that we should demur in our duty to establish the rule of law and seek justice. It does mean that since we know that the miscarriage of justice is a distinct possibility we avoid the rush to judgement and open ourselves to offer the opportunity for renewal.

The other danger is the danger of using one human being as a means to the end of deterring other human beings. When human beings become simply means to an end, it only serves to devalue human beings.

The intention cannot simply be that we make a very public example of this person to deter others.

Experience alone teaches us that this simply does not work; it might satisfy many who are out for blood, but it does not work! Rather, the good of the person who has done wrong must also be sought and the administration of punishment fitting the crime should have the intent to rehabilitate and reconcile.

Second chance

Implicit in this is a need to give the wrongdoer a second chance once she has professed repentance and a desire to turn around. The offer of a second chance, which may be part of the act of forgiveness and reconciliation is a sure sign of faith in human beings and their capacity to rise above their past and recover to become the best they can be. In faith, we know that to be possible. Ask Paul.

When Jesus prayed for the forgiveness of his tormentors, persecutors, mockers and executioner he cited ignorance as the reason for their conduct and the basis for the prayer for their pardon.

What is on trial is whether punishment or pardon is the better instructor. If the ignorance of the nature of our wrongdoing is better served by the most exacting and terrifying punishment then we must punish most severely those who are in the wrong.

The problem is that all of us at one time or another finds ourselves doing what we know to be wrong. If the axe of judgement is laid at the root then none will stand. They will be none to recover and renew and offer or receive the offer of a second chance. Pardon is a better teacher than punishment.

This is the lesson offered at Lent by the master teacher himself. He taught that lesson when the worst of human society was on display and he was its victim.

He asked that justice should be tempered with mercy. He has left us, therefore, a lasting legacy that pardon is the best option for the instruction of our fellow human beings in what is good and right,and desirable.

Members of the Public Theology Forum are Ernle Gordon, Roderick Hewitt, Stotrell Lowe, Marjorie Lewis, Richmond Nelson, Garnet Roper, Anna Perkins, Ashley Smith, Burchell Taylor, Karl Johnson, Wayneford McFarlane and Byron Chambers, coordinator.

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