(J-1)

1) General.

A society is often measured by the way in which it treats its most disfavored members. In the light of the Quaker idea that "there is that of God in every person" FCL stands diametrically opposed to the perpetuation of unreasoning fears of crime which are often fueled by growing prison, police, and prosecutorial bureaucracies. The "us versus them" view which promotes greater punishments, longer prison terms, more sterile prisons, and death penalties has failed and will continue to fail. Friends have long favored reconciliation and restoration as a healing response to crime. Society best protects itself from crime by addressing the moral, educational, social, and material conditions under which we live. The courts and law enforcement agencies can publicize and reinforce social norms, but they cannot reasonably be expected to protect the populace from most criminal acts. FCL must encourage new reflective thinking and legislation.

Our society needs to admit that it is rarely possible to make people safe by enacting new laws toughening penalties, or appropriating more money for police and prisons. Youths develop their moral fiber before they have opportunities for crime; the job skills which lead to responsible citizenship are learned over years in many experiences; a law abiding family structure develops over generations; and attractive employment opportunities result from a host of economic factors. Fear of exposure and penalty can reinforce the good instincts of law abiding people, but escalating penalties and budgets have no demonstrable effect on the spectacular crimes which most worry the public. California can best improve public safety by assuring that every person has a firm place in the state's social fabric, by giving parents and teachers the time and capacity to pay careful attention to those youth who are at risk of becoming first offenders and by minimizing the number of people who get their education in juvenile halls, jails, and prisons. It is important that criminal justice not only be fair, but that it appear to be fair.

2) Victims of Crime.

Often, the most significant damage done by offenders is not the infliction of physical injury or loss of property. The emotional trauma robs victims (including families of victims) of their confidence and security, leading to anger and frustration. This trauma, experienced by large numbers of victims in a host of minor offenses, contributes to an erosion of public trust, and makes serious crimes seem even more threatening. Bureaucratic responses to crime by
professional police and prosecutors have tended to denigrate the victim by focusing attention on judicial procedures and penalties which habitually fail to address the emotional and physical suffering experienced by the people involved. Victims are demoralized when their concerns are ignored, and usually the effort to compensate victims while keeping them separated from offenders fails to restore either party's sense of civility and self-respect.

Communities need encouragement to promptly address the victim's psychological, physical and material wounds. A 'restorative' approach to justice, which draws neighbors and friends of the parties into support of a dialogue between the victim and offender could prove more
helpful and affordable than the present bureaucratic approach in the vast majority of crimes. Each victim should be involved in all phases of the response to unlawful behavior, but even when the crime is serious the victim should never be encouraged to participate in personal or judicial revenge. Victim-offender reconciliation programs, counseling, and various venues
of restitution should be widely available. Such programs may lead the offender to a humane appreciation of the effects of the misdeed, and can restore the victim's sense of social responsiveness. Realistic ways of enabling offenders to effect prompt restitution need to
be developed.

3) Juveniles in Trouble.

All segments of society share the obligation to teach children to take responsibility for their actions. Community building efforts are the most successful approach to channel juvenile energy into productive activity. These efforts need to include school and recreation programs, prompt attention to truancy and risk-taking activities such as drug use and sexual misconduct, opportunities for engaging, age-appropriate work experiences, and development of close family relationships. Parents, teachers, church leaders, the media, and community leaders need encouragement and ample resources to work together in this effort.

Status offenders--those who commit acts which would not be unlawful were it not for the age of the offender-- should normally be dealt with informally. Every effort must be made to avoid punitive reactions to such status offenses as curfew and run-away violations. Such activities are often signals that the minor and the minor's family need attention, and incidents should not be permitted to escalate into situations where confinement is used as a penalty. In the rare situations where a curfew violator or runaway needs to be detained, the juvenile should not be confined with individuals in custody for serious offenses. Except for minor regulatory offenses, such as motor vehicle violations, Juveniles should not be subjected to trial for offenses as adults.

When a juvenile comes to the attention of law enforcement in connection with more serious offenses, consideration needs to be given to the probability that the incident is part of a pattern of behavior. Sufficient social and educational services need to be available to address the problems and if appropriate, to begin the process of reconciliation between the juvenile and the victim of the offense without delay. Juveniles in custody should have an immediate hearing before a judicial officer (always within 48 hours) and should not be detained with adults.

4) Pretrial Process and Release.

The powers of police to detain, investigate question, and accuse individuals must be reasonably circumscribed to prevent the oppression of unpopular individuals and groups. For example, people who are young, gay, alcoholic, homeless, poor, speak with an accent, ride motorcycles, belong to a racial minority, or abuse drugs are sometimes detained, investigated, and even arrested for trivial reasons. Such harassment should be vigorously discouraged.

All persons are presumed innocent until proven guilty, and the fact that a person is charged with a crime should not normally lead to incarceration of that individual. Only in cases where an accused person is unlikely to appear in court, or where a person is clearly dangerous, should a person be confined pending trial. Confinement must cease to be a focus of the criminal process; instead the focus should be on prompt and reasonable steps to restore the right relationship between the victim and offender. In the context of a restorative justice regime, prompt investigation of the potential for release on own recognizance is important,
not only for the individual, but for the victim and the community.

If bail is required, the circumstances of the accused should be considered in setting the amount. Steps should be taken to eliminate race and ethnicity as factors in pretrial detention.

5) Rights of the Accused.

Constitutional rights must be protected, including the rights to a speedy trial by jury (with a unanimous decision required) freedom from unreasonable searches and seizures, protection from self-incrimination, privacy, due process, and assistance of counsel. These rights must be applied to all, regardless of economic status, racial or ethnic background, national origin, immigration status, social class, gender, or sexual orientation.

6) Arrest and Conviction Records.

Records of arrest or conviction present a continuing handicap to the individual as an obstacle to employment and to participation as a responsible member of society. The arrest or conviction record is not always a valid criterion for determining eligibility for employment, public service, or professional licensing. It is no crime to be arrested. If no conviction ensues, the arrest record should not be available, except for legitimate law enforcement purposes. Conviction records should be expunged in cases where justice will be served, where the effect of expungement is appropriate to the crime charged, and where expungement does not compromise the legitimate interests of society.

7) Penalties.

As a routine penalty for crime, incarceration has proved to be a costly failure. Jails and prisons encourage disfunctionality, burden society with an institutionalized sub-culture, and legitimize brutalization. Other societies have learned that it is best not to imprison many people. Instead of routinely consigning our failing individuals to institutions, society needs to view incarceration as a dangerous last resort, to be used sparingly when all alternatives have been exhausted.

Programs for restitution, closely supervised probation, weekend public work programs, electronic home confinement, and other alternatives to confinement must be used to reduce the number of individuals who are incarcerated, especially for 'victimless offenses." Such
alternatives must be available to all defendants, regardless of their economic status. These need to be combined with programs which enable the offender to deal with housing, employment, and other factors essential to a constructive life.

8) Rights of Prisoners and their Families.

All prisoners should be treated in ways that maintain mutually supportive family connections, that give maximum protection to their civil rights and that respect their worth and dignity as human beings. Every opportunity should be afforded for prisoners to deal with any alcohol or drug dependencies, to form satisfying work habits, and to rehabilitate themselves.

Prison labor should never be a punishment. Prisoners should have the opportunity to do productive work voluntarily, under the same safety rules, working hours and pay scales that apply outside prison. Inmates should never be a source of cheap labor for either government or private industry, and should not be used to break strikes.

9) Reintegration into Society.

To minimize the chances that they will reoffend after release from jail or prison, former inmates should receive suitable support and counseling from probation or parole staff or from adequately trained volunteers. Financial assistance, job counseling, employment, and
social opportunities should be tailored to the needs of the former inmate and his or her family.

10) Prison and Jail Construction and Privatization.

Incarceration dehumanizes both the keepers and the kept, disrupts the families of those incarcerated, and fails to rehabilitate. FCL opposes further prison construction, larger prison budgets and expanded correctional bureaucracies; instead, funding should support community programs which address crime at its origins, emphasizing restorative and rehabilative programs for offenders. Because the lives and welfare of prisoners are a public responsibility, prisons should not be operated by profit-making firms.

11) Capital Punishment.

Quakers are morally and religiously opposed to the idea that anyone, including the state, has the right to take human life, and FCL supports total abolition of the death penalty. The death penalty has not been demonstrated to prevent or deter crime; it is unfairly applied; judicial mistakes do occur; it violates UN treaties and international standards.

12. Mental Illness and Criminal Proceedings

The present inadequate funding of mental health programs results in the incarceration of some individuals who loiter, panhandle, frighten, or annoy others as an outgrowth of a mental illness or disability.

Mental illness and its effects should not be treated as a crime, and people who suffer mental illness should not normally be incarcerated; instead, they should be treated for their condition. If a mentally ill person is prosecuted for a crime that individual's right to treatment, both before and after trial, must be respected even if custodial institutions are inconvenienced. This includes the right to be free of restraints and isolation used as forms of punishment or for the convenience of the staff. Forced medication should only be given as an emergency measure when the person is believed to be in immediate danger. Under no circumstances should an inmate be forced to undergo controversial procedures such as shock therapy, and consent to any such therapy should be based on the inmate's prior consultation with at least two psychiatrists of the person's choice.

A patients' rights advocate who is independent of the treating and custodial agency should have routine access to all persons in custody who have mental illness.


Approved at FCL Statewide, December 2, 1995