By
Paul Bender
Professor of Law
Arizona State University
“Red Hook Justice” provides a glimpse into a promising innovation in America’s traditional criminal “justice” system. That traditional system relies almost entirely on draconian statutory criminal penalties, resolution of cases through plea bargains that often have little or nothing to do with the seriousness of the offense or the dangerousness of the offender, and punishment through incarceration in prisons and jails. The system is notably unsuccessful in controlling dangerous anti-social behavior and may, in fact, do more harm than good. The remote threat of serious punishment has little effect in deterring crime, and incarceration often increases, rather than reduces, the chances of criminal behavior when offenders return to society. Perhaps even more importantly, the traditional system does not take advantage of opportunities to help turn young offenders away from a criminal future when those offenders first come into contact with the justice system.
The Red Hook Community Justice Center is one of a small but increasing number of criminal courts that are trying a different approach, placing the emphasis on helping offenders to overcome the most important causes of crime — desperate poverty, unemployment, drug dependency, broken homes, disease and disability — rather than on imposing harsh, often self-defeating punishments. The most striking thing to me about the documentary is its illustration of the caring, affirmative, humane approach of the Community Center personnel — judges, prosecutors, defense attorneys, support staff — as compared with the widespread callousness, negativity and inhumanity that have become hallmarks of the traditional justice system.
Our society’s marked inability to deal with criminal behavior is one of its outstanding failures. “Red Hook Justice” suggests that a change in our basic societal approach may be necessary if that situation is to improve.
Independent Lens "Red Hook Justice" aired Tuesday, May 24 at 10 p.m. on Channel 8
