Presentation at C.U

E v o l v i n g t h e U . S . C r i m i n a l J u s t i c e S y s t e m

- A Tale of Two Paradigms -

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CONTENTS

I - Two Paradigms

II - Transformative Scenarios for the U.S. Criminal Justice System

III - A Human Potential-oriented Initiative: A Program to Assist Returning Citizens Through a Developmental Reentry Journey

• Program Overview • Program Underlying Concepts

IV - Conclusion, Questions & Answers

In the U.S., criminality, incarceration and social morale is a story tale about the interactions of two competing paradigms:

Crime & Punishment vs. Human Potential

While the former feeds on criminality and exerts its influence quickly

through stiffer laws and stronger law enforcement, the latter aims at bringing out over time the best in people

especially through counseling & therapy (when needed) Or more generally, through education.

Focusing on the Human Potential paradigm

promises to be of use in policy making and strategy formulation to evolve the U.S. criminal justice system into one that will better serve society.

TWO PARADIGMS

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Crime & Punishment-driven actions have positive effects in the short term

(i.e., reduces the offenders at large) but causes long term unintended and undesirable consequences:

criminality and incarceration financial and moral burdens increase, and the possibility of effecting long term, permanent solutions diminishes.

Human Potential–oriented actions address behavioral change at its root: the person,

But takes longer to be effective. This is the case of education to the college level (a proven prevention effort),

counseling & therapy (both a prevention and remedial effort), and mindfulness training (also prevention and remedial effort).

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TWO PARADIGMS (Cont.)

Research has confirmed the positive impacts of human potential-oriented policies:

Education is inversely correlated with criminality & incarceration; mindfulness in prisons improves inmate behavior and reduces criminal orientation;

and so forth …

- But - the longer term nature of human potential efforts

require enduring efforts over time to show its positive results.

Human potential paradigm adherents face challenges in:

1) Overcoming the fear of being unsafe, and the belief that punishment is the only just thing to do, both present in the adherents to the crime & punishment paradigm.

2) Building a bridge between short term measures and long term, fundamental solutions.

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TWO PARADIGMS (Cont.)

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Transformative scenario planning goes beyond the traditional scenario planning which asks: What should we do if… ?” to advance to a generative perspective by asking: What should we change so that… ?” In other words, transformative scenario planning considers the factors that we cannot influence and the uncertainty involved (in order to adapt to them) plus those factors which we are capable of influencing in order to strive for a different future.

Transformative Scenarios

for the U.S. Criminal Justice System

FUTURE SCENARIO “SQ”

FUTURE SCENARIO

”BT”

FUTURE SCENARIO

“SG”

FUTURE SCENARIO

“PB”

KNOWNS & UNKNOWNS ABOUT THE FUTURE

PLUS AVAILABLE POLICIES & STRATEGIES

Two major axis of uncertainty would be useful to be explored with respect to the conflict between the two paradigms: • The degree to which society and

government can reach a consensus about how strong should the U.S. modify the Criminal Justice System.

• The direction in which the Criminal Justice System should evolve.

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Transformative Scenarios for the U.S. Criminal Justice System (Cont.)

DEGREE OF POLITICAL CONSENSUS IN DRIVING FOR CJS CHANGE

OVERALL SOCIAL ORIENTATION

Low Consensus

High Consensus

Crime & Punishment: Fear of Being Unsafe

Human Potential: Expansion & Mindfulness

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1) “Status Quo” plays the baseline role as it extrapolates the current situation into the future.

2) “Spontaneous Generation” is based on the assumption that while there might be acceptance of the human potential paradigm, society lacks sufficient momentum to move forward fast enough.

3) “Bear Traps” scenario presents the likely impacts of allowing a strengthening of the Crime & Punishment paradigm via tougher laws.

4) “Phoenix Bird” scenario depicts the effects of leveraging the human potential in individuals both free and incarcerated.

The intersection of the two axis of uncertainty results in four scenarios for evolving the U.S. Criminal Justice System:

DEGREE OF POLITICAL CONSENSUS IN DRIVING FOR CJS CHANGE

OVERALL SOCIAL ORIENTATION

PHOENIX BIRD

BEAR TRAPS

STATUS QUO

SPONTANEOUS GENERATION

Low Consensus

High Consensus

Crime & Punishment: Fear of Being Unsafe

Human Potential: Expansion & Mindfulness


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Current rising trend in criminality continues.

Current reentry rate continues.

Current recidivism rate continues.

The current state of the Criminal Justice System prevails into the

future as a result of the currently wide-spread adoption of the Crime

& Punishment paradigm in the U.S. society.

As a result, there is an increasing trend in criminality, incarcerated

population, and recidivism, as well as a general sense

of hopelessness relative to improving this situation.

Low social morale reinforces the permanence of this situation.

Negative effects on the economy are also present as a result

of having a reduced labor.

In summary,

“STATUS QUO”

CRIME & PUNISHMENT PARADIGM,

LOW POLITICAL CONSENSUS TO

DRIVE CHANGE IN THE CJS


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The rising trend in criminality becomes less

accelerated as a result of more flexible laws.

The reentry rate will improve slightly as a result from

both more flexible laws, and counseling & therapy for

inmates.

The recidivism rate will be somewhat reduced as a

result from both more flexible laws, and counseling &

therapy aimed at becoming a rehabilitated citizen.

Terrain is gained by human potential advocates: at least, now society

is not against counseling & therapy in prisons or against mindfulness

training in prisons and elsewhere, and the education to college level

remains at the current level.

Nevertheless, the efforts fail shy of attaining the necessary

momentum: spontaneous generation of evolution in the Criminal

Justice System does not occur to a significant degree. The overall

result is similar to that of the “Status Quo” scenario.

“SPONTANEOUS GENERATION”

SOME MOVEMENT TOWARD HUMAN

POTENTIAL, LOW POLITICAL CONSENSUS

TO DRIVE CHANGE IN THE CJS

In summary,


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Criminality will increase as a result of more actions

being considered as crimes.

The reentry rate will diminish as a result of

1) having stiffer laws,

2) having only minimal counseling & therapy.

Recidivism rises as a result of 1) having stiffer laws,

and 2) having only minimal counseling & therapy.

Crime & Punishment loyalists have their say, and instead of investing

in prevention and rehabilitation, efforts are directed at toughing the

legal system and funding the increased law enforcement

expenditures.

Incarcerated population raises exponentially and there is a false

perception of improved overall safety. But the social morale decline

and its system-wide effects attest to otherwise.

“BEAR TRAPS”

CRIME & PUNISHMENT PARADIGM,

HIGH POLITICAL CONSENSUS TO DRIVE

CHANGE IN THE CJS

In summary,


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Criminality eventually takes on a downward trend as

human potential-based policies put in place lead to

better behavior and a higher consciousness.

The reentry rate will improve as a result of

mindfulness training and expanded in-prison

counseling & therapy aimed at successful reentry.

Recidivism becomes minimal as a result of

mindfulness training and expanded counseling &

therapy aimed at successful reentry.

Society progressively comes to give its own people –including the

incarcerated- a substantial opportunity to unravel their potential as

human beings.

Extensive mindfulness training together with investments to college

level education gradually transform people into significantly more

reflective individuals.

Crime and recidivism rates are increasingly down, while reentry rates

increase. The % free population keeps on growing. Social morale shows

a recovery trend. The economy also shows improvements.

“PHOENIX BIRD”

FULL HUMAN POTENTIAL PARADIGM,

HIGH POLITICAL CONSENSUS

TO DRIVE CHANGE IN THE CJS

In summary,


Modest policies to alter current trends, such as “neutrally” observing the emergence of the human potential paradigm, are far from enough to improve on the criminality situation.

Which future scenario is the most desirable

for bringing to life the story about the conflict between

the Crime & Punishment and the Human Potential paradigms ?

The criminality situation in the U.S. society deteriorates further over time if current criminal justice policies are kept in place.

The Phoenix Bird scenario visualizes the positive long term effects of human potential-oriented policies & strategies (such as education, wide spread mindfulness training and distributed leadership-expanded in-prison counseling & therapy). It illustrates policy, making that can actually evolve the U.S. Criminal Justice System to enhance U.S. society’s common good.

Contrary to the belief of adherents to the crime & punishment paradigm, the criminality situation worsens with tougher laws and other policies congruent with that paradigm.

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TIME TO CHOOSE BASED UPON:

KNOWNS & UNKNOWNS ABOUT THE FUTURE PLUS

AVAILABLE POLICIES & STRATEGIES

Such a shift involves: Moving away from the current, unsustainable path described in the “Status Quo” scenario to generating a human potential-powered path – the Phoenix Bird scenario; avoiding the insufficient and also unsustainable path in the “Spontaneous Generation” scenario; and definitely avoiding the complete collapse that would bring about the “Bear Traps” scenario.

It can be argued that it is still possible to shift into the human potential paradigm and thus alter the course of the U.S. Criminal Justice System:


The following strategies exemplify how the U.S. Criminal Justice System can be evolved to enhance social wellbeing:

Steadfastly promote the human potential paradigm.

Diminish the conceptual connection between incarceration and funding to law enforcement.

Pursue human potential-based, long-term strategies such as education, transformational script-centered offender counseling & therapy, and mindfulness within & without prisons; all the while managing incarceration toward a declining trend.

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Peg R ider Foundat ion www.pegriderfoundation.org

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PHASE I Relationship Building, Mindfulness & Scripts

PHASE II Precursors to Change

Model

PHASE III Hero’s Journey –

Based Scripts

Society progressively

attains higher health levels

(individually & collectively),

relationships, education,

work, employment,

law abidance

and overall sustainability.

Graduates from this program will be returning citizens who will positively impact society

THE THEORY OF CHANGE:

Graduates would be allowed into the

Motivational Leadership

Mentoring Group

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ASSUMPTIONS UNDERLYING PROGRAM DESIGN • It is possible and desirable to constructively empower

mentors to bring out the leader within in those mentored along their life path.

• A strength-based approach to rehabilitation that focuses on ex-offender’s potential, is most effective holistic and constructive.

• A person’s self-leadership capability to embody the hero’s

role in their reentry journey is the most powerful protective factor against recidivism and leads into a path toward greatness for the highest good of society.

It has been found through research that the script upon which the returning citizen’s self narrative is built often underlies recidivism (Maruna, S. (2002) :

Condemnation scripts enslave the individual to their wrong doing of the past thus perpetuating the past into the future. Redemption scripts also enslaves the individual: It keeps the person enslaved to the need to repair the harm done in the past.

Developmental scripts, ~ in contrast ~ consist of narratives leading to unleashing the ex-offender’s potential as a human being and in which, the role of a hero is undertaken to be the best the person can be in service to mankind.

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The purposeful transformational journey to reenter the community coincides with Joseph Campbell´s monomyth, the Hero´s Journey:

A hero is anyone who leaves the world of everyday life to undergo a journey to a special world where challenges and fears are overcome to secure a reward which is then shared with others in the community. The hero, therefore, is the man or woman who has been able to battle past his personal and local historical limitations to the generally valid, normally human forms.

Campbell, J. (1973),

The Hero with a Thousand Faces

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PREPARATION

PASSAGE

RETURN

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Each of the three parts of the hero’s journey pattern might encompass several stages:

Campbell suggested 17 possible stages in “The Hero with a Thousand Faces”.

The stages might be different for each individual, culture and time: the overall pattern is what matters. An 8 stage pattern will be used here.

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I - DEPARTURE

My journey’s purpose for my Journey was to have my life back. Guidance came from the Transitions program at Boulder Co.

Jail. Help came from change agents such as P. Rider. The worse opponent was me: identifying with who I became in prison.

II – THE GATE KEEPER The biggest concern preventing me from going on was doubting it was possible. I overcame it by keeping on

dreaming the journey was possible, being committed it even if I couldn't see the path. I was at the brink of my

condemnation script trying to get to my redemption script.

III – ENDURANCE TRIALS I walked away from my affiliations in prison, got stabbed,

had my nose broken with a lock, became an outcast. Nobody believed in me, except Peg Rider. even when I did

not understand what was going on in my life I knew that each trial was somehow for me, to make me stronger.

IV – ABYSS – SUPREME CHALLENGE Released on to parole, it was time for a rebirth. Hardships

and struggles the first few months. I questioned if I was strong enough, knew enough, capable of being successful. ... I was

afraid to be me, of what might happen if I were to succeed. This was the point where everything started to change for me.

V – CLAIMING MY TREASURE

I began to discover I was more than how I behaved or how others thought I should. Doors opened up: a new job; new networks; motivational speaking; and, most importantly, healing and reconnecting with my mother, grandmother and family. I began envisioning a future reflecting a new me.

VI – CONVERGENCE WITH MY TRUE SELF

My treasure was being who I really am, and I was struggled balancing and aligning with my true self, accepting what it felt like to be me. This was really hard for me to get through until I came to terms with what in life was supporting who I really was: I was really liking the new Tim.

VII – PREPARING TO RETURN

I began to celebrate and own my journey. I was grateful for my new life, the new people in my life, the relationships and inner strength and peace I was finally discovering. I began to reconnect having become the master of two worlds, the one I left behind, and the new one I now exist in.

VIII – ARRIVAL & CELEBRATION

I was now beginning to become comfortable in my own skin. finally learning to love myself and how to let that love lead my life, free from fear. I had become strong in myself, my convictions and ability to be me.

CALL TO ADVENTURE: My call was in the form of dreaming & Imagining that this journey could be possible. When I was at my best, I thought of myself as MLK or JFK. The goal for my journey was to choose life over death, change my life, get home. 2007-2014

MY WORLD AS USUAL

IS NOW LARGER

THAN IT WAS IN 2007

That is why I am here today, heeding to the call

to implement this unique

program

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Substance Abuse Criminal

Companions

Criminal History / Low Self-Control

CALL TO ADVENTURE:

Moving Away

from the Condemnation

Script,

Building a Developmental

(Heroic) Self-Narrative

PREPARING FOR THE

REENTRY TO SOCIETY

JOURNEY:

Activeting & Maintaning

the Precursors for Change;

Aides & Opponents;

Holding the Vision,

Becoming a Warrior.

CONVERGENCE

WITH

THE TRUE SELF:

Coming to Terms

with the Power Within

to Be the Best that

CanBe

ARRIVAL:

SHARING & CELEBRATING

THE SUCCESSFUL REENTRY

Bringing Out the Best Within

In Service to Society

Anti-Social

Attitude

Anti-Social Pattern

REENTRY PASSAGE:

ENDURANCE CHALLENGES

Utilizing Everything

to Learn & Advance,

Going Past Criminogenic

Factors

CLAIMING THE TREASURE

OF ENDURING FREEDOM:

Thriving in fulfillment

Family / Marital

Education / Employmen

t

Leisure / Recreation

Going past the criminogenic challenges is easier when truly engaging in embodying a developmental script

for a Heroic Reentry Journey: Being the Hero signifies a BIGGER YES.

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Mentorship is a personal developmental relationship

in which a more experienced or more knowledgeable person

helps to guide a less experienced or less knowledgeable person.

“The hero comes across a seasoned journey person who gives him or her training, equipment, or advice

that will help on the journey.”

Expanding the mentor’s capability includes:

Being mindful of the own heroic journey.

Being consciously aware of, and cultivating an appropriate inner state possibly through contemplative practices.

Becoming consciously aware and entrained with the offender’s journey.

The Mentor’s state of mind & heart will affect the offender’s state and the construction of an appropriate developmental reentry journey script.

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Observing the unfolding of the offender’s developmental script allows for mentoring synchronization with the offender that is, adequately scaffolding the process through precursor maintenance.

Emphasis is placed on the hero’s journey’s milestones:

• Heeding to the call to adventure • Going past the 1st threshold • Going past the 2nd threshold • Expansion of the world as usual

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The fundamental requirement though, is that the mentor(s) will do the work coming from a place of wisdom, appreciation and compassion in order to enter and maintain a productive collaboration with, and guidance to the journeying ex-offender.

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Graduates from the program

would be allowed into the

Motivational Leadership

Mentoring Group

where in the process of their successful change, they can learn how to use their lived experience and how to "Mentor" - which could be applied towards helping others and in distributed leadership capacity while at the same time developing green entrepreneurial roles in the community.

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Mentoring change hinges on the presence of seven "precursors" in the mentored:

~ T h e i r a b s e n c e c r e a t e s r o a d b l o c k s t o c h a n g e . ~

Mentoring success also comes from the ability to stay one step ahead of manipulations and the ability to call the game when the person being mentored

seeks to assert control or sabotage the process.

The goal for the mentored is to develop the capacity and the skill to handle their own resistance and overcome negative external influences.

Adapted from Hanna, F. (2001) Therapy with Difficult Clients: Using the Precursors Model to Awaken Change

A sense of the Necessity Willingness to Experience Anxiety Awareness of the Problem Confronting the Problem Effort toward Change Hope for Change, Presence of Social Support.

I

A sense of the

necessity II Willingness

to experience

anxiety

III

Awareness of the

Problem

IV Confronting the Problem

V

Effort toward Change

VI

Hope for Change

VII

Presence of social

support.

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The precursors to change are interactive and interdependent, and conform a highly dynamic system.

There are a number of techniques available for activating each precursor.

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The Developmental Script Embodiment process scaffolds the person’s reentry by impelling the heroic journey. It utilizes the Precursors to Change as the engine for making it possible for the person to exert self-transformation.

The mentoring process first accompanies the person

through learning at the start of the journey; then it accompanies the person as the journey unfolds,

I

II

III VI

IV V

VII

And finally, it retracts when the reentry journey has been successfully completed. All 7 precursors need to be present continuously throughout the transformational process.

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E X P E C T E D P R O G R A M I M PA C T S

In the end, Society at large enjoys benefits from drastically reduced recidivism and the productive tapping into returning citizens capabilities

for pro-social oriented enterprise development.

Expected short (1 year), and long-term (2-5 years) changes in the participants PLUS the fundamental intended change expected to occur in the community and social systems.

Life change towards proactive & pro-social life orientation starts.

Graduates demonstrate:

• improvement in overall health conditions and in their intellectual, cognitive and emotional capabilities.

• a continuously expanding capacity for

mentoring others in developmental script embodiment processes.

SHORT TERM

Compared to other returning citizens, Graduates demonstrate better overall health conditions and better intellectual, cognitive and emotional capabilities

plus a self-sustained mentoring capacity expansion that manifests in ensuing similar programs.

Permanent life change towards proactive and pro-social life orientation.

LONG TERM

Directing a precursor to change model-based mentoring process to scaffold the offender’s script for the heroic journey involved in the reentry:

Creates a space of interaction between the mentor and the offender at a deep psychological level, that of the archetypical hero.

Brings essential existential meaning to the mentor and to the offender.

Establishes a more significant and far reaching connection between the ex-offender and constructing societal wellbeing.

Brings to the ex-offender a portal to becoming the hero in his own life.

CONCLUSION

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How will end the story about the competition between

Crime & Punishment vs. Human Potential

?

The answer is in Our Hands…

The Program to Assist Returning Citizens Through a Developmental Reentry Journey

Is a Part of the Answer

~ T h a n k s ~

Q u e s t i o n s W e l c o m e ! ! !

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