![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
![]() |
Inner City Diary | ||||||||||||||||||||||
< -------------------------------------------------------------------------------------------------------------------------------------------------> | ||||||||||||||||||||||
Justice opposed by mediation? | ||||||||||||||||||||||
![]() |
||||||||||||||||||||||
October 31, 2004 | ||||||||||||||||||||||
Usually I'm the one dispensing advice and opinions in this column. But this time I'm writing to request some of your feedback.
Several months ago I responded to a call from a friend regarding two guys who crashed a car through a new fence behind someone's home. I got a ride to the scene from a friend and we blocked the getaway path of the car. I called 911 on my cell phone. Two obviously intoxicated men were trying to clear the debris from around their vehicle in order to make an attempt at leaving. I'm not sure whether it was the fact that we blocked their escape, or that he heard me talking to police, but the anger of one of the drunks got focused on me. I explained that I was a minister and just wanted to try to be sure that he would deal with what he had done. I kept talking to him, trying to calmly defuse the anger. Apparently my profession or my intentions seemed irrelevant. He was too angry and high. It was evident that his brain cells were too polluted for rational discourse. I was struggling to balance his yelling and the 911 operator's insistence on providing seemingly irrelevant minutiae. As he started to get closer, I realized I might need both hands free, so I told the police operator that things were likely going to get physical and we needed help right now! Then I hung up. By this time, he was close enough to grab my jacket and get in my face. I didn't back away. Then he commented, "I could burn you, man!" In my neighbourhood, "burn you" is street slang for "shoot you." As if to clarify his feelings, he continued. "I could waste you." His tone became more deliberate as he let go of my jacket and started to reach inside his own. "I'm gonna f----'n kill you." Any time someone tells me that (and this wasn't the first and likely won't be the last time), I have several internal reactions. One is an awareness of readiness because I believe in the One who said, "I go to prepare a place for you." Another reaction is frustration because I figure there's still too many items left undone on my "to do" list. Another is anger that someone just threatened to disrupt a good life and relationships for a really stupid reason. All this while noticing that there was something of substance where he was reaching in his jacket. Then I noticed that his buddy had come close and started tugging on his friend's other sleeve. "Let's get the f---- out of here man." Still yelling and glaring at me (but hand no longer in his jacket) the guy left with his friend. I followed them and took note of the cab they hailed to make their getaway. Roughly six hours later, police, unable to attend earlier, phoned to check how everything turned out. "We just wanted to check and see what happened. Were you assaulted?" I admit I was probably a bit snarky with the cop who called, but I had the good sense not to be ignorant. I knew that they were likely just changing shifts or dealing with even more imminent problems when I first called 911. We agreed to meet the next day. The cops were great as they took thorough statements from myself and other witnesses. Later in the day, they showed some mug shots and I clearly identified the drunk "packing heat" who had promised to dispatch me to my eternal destination. Not long afterwards they had the guy in custody. And I was told he would be going to court. Apparently Frank (not his real name) pleaded guilty. Two weeks ago I got a call from the crown attorney. The defence lawyer was asking if I'd be willing to go to mediation. This is where I'd like some of your feedback. Here's what I'm thinking. The fence sits unmended. Autopac -- that's a whole other column -- refuses to reimburse the owner for the damage done to the fence by the car. I'm skeptical of courts these days. I have no confidence in how the case would be treated there. For all I know, the judge might nail me on some wacky violation of the Charter of Rights for blocking the escape of the vehicle. There's a part of me that wants to see the guy stuck in jail for awhile for being so stupid as to drive drunk or threaten someone's life -- and that's before we even speculate whether he actually had a gun in his jacket. Another part of me knows that not many problems are solved in prison. During his drunken verbal diarrhea that day, Ray had actually backed up his threat with the comment that he had already been in "the pen." The way jails are run today, I know they're not the best place for rehabilitation. But they are one means of protecting, at least temporarily, law-abiding folks. On the other hand, I've harbored some skepticism regarding the merits of "restorative justice" in cases like this. Frank and I would attend a moderated mediation session. We each express what happened from our perspective. We each explain how we feel now. Then we try to reach an amicable remedy. It all sounds pretty good. But I'm concerned because the process happens in a vacuum. I know nothing of Frank's history. Has Frank had other drunk driving offences? Does he need a treatment program? Has he uttered threats and assaulted people before? Does he have a habit of carrying a gun in his jacket? Is this why he went to jail before? If Frank answers these questions, how will I know he's telling the truth? It seems to me that mediation takes place without potentially relevant information which may greatly impact the resolution. I could complete mediation with warm fuzzies about our discussion -- but have no true understanding of the context of the offence or the resolution. Is there something I'm missing? Is there something I've misunderstood regarding the conflict mediation process? What would you do if you were in my situation? |
||||||||||||||||||||||
Copyright 2004 Rev. Harry Lehotsky |
||||||||||||||||||||||
Rev. Harry Lehotsky is Director of New Life Ministries, a community ministry in the inner-city of Winnipeg, Manitoba. | ||||||||||||||||||||||
Return to Index | ||||||||||||||||||||||
Links | ||||||||||||||||||||||
New Life Ministries | ||||||||||||||||||||||
West End CIA | ||||||||||||||||||||||
Contact info: | ||||||||||||||||||||||
New Life Ministries 514 Maryland Street Winnipeg, Mb R3G 1M5 (204) 775-4929 lehotsky@escape.ca |
||||||||||||||||||||||