How to fix our broken criminal justice system | Robert Barton | TEDxSanQuentin

Summary

The speaker, an Inspector General, shares a personal journey from a prosecutor to an advocate for transformation in the criminal justice system. Highlighting the ineffectiveness of punishment, deterrence, and incapacitation, they emphasize the importance of rehabilitation and personal responsibility. Through stories like Miguel's, they illustrate how positive change requires support systems and societal acceptance, drawing a parallel to the transformative power of the Grinch's story.

Takeaways

• 😀 The speaker humorously clarifies the role of an Inspector General, distinguishing it from the Attorney General.
• 👮 The speaker's background includes a diverse career in criminal justice, from officer to prosecutor, highlighting a deep understanding of the system.
• 🔄 A realization of the broken criminal justice system led the speaker to join the Inspector General's office to effect change from within.
• 🌟 Inspiration is drawn from Martin Luther King Jr.'s perspective on turning suffering into a force for positive change, resonating with the speaker's mission.
• 🛠 The concept of transformation in the criminal justice system is emphasized, suggesting that it must involve not just the offenders but also the system and society.
• 📚 The importance of education and programs in prisons is underscored as conduits for positive energy and personal transformation.
• 🚫 The speaker challenges the traditional goals of the criminal justice system, arguing that the emphasis on punishment, incapacitation, and deterrence is short-sighted.
• 🔑 Rehabilitation is identified as the key to long-lasting benefits for society, suggesting that it should be the primary focus of the criminal justice system.
• 🔑 The story of Miguel illustrates how personal transformation can occur through opportunity, personal responsibility, and societal support.
• 🌱 The process of transformation is described as gradual and requiring both inspiration and support systems to sustain change.
• 🏆 The speaker concludes with a hopeful message, using the story of the Grinch to symbolize that transformation is possible for anyone, including those in the criminal justice system.

Q & A

What is the primary role of an Inspector General?

The primary role of an Inspector General is to oversee programs within the Department of Corrections, ensuring they are functioning effectively and making improvements where necessary.

Why is the speaker mistaken for the Attorney General?

The speaker is often mistaken for the Attorney General due to a common misunderstanding of the roles and titles within the legal system, despite the fact that they look nothing alike in California.

What was the speaker's career path before becoming the Inspector General?

The speaker started as a criminal justice officer, worked in various capacities, went to law school, became a prosecutor, and was instrumental in sending many people to prison before joining the Inspector General's office in 2005.

How did the speaker's perspective on the criminal justice system change?

The speaker realized the system was broken after repeatedly prosecuting the same individuals who kept reoffending, which led to the understanding that they were part of a flawed system.

What inspired the speaker to focus on transformation within the criminal justice system?

The speaker was inspired by Martin Luther King's idea of turning suffering into a creative force for positive change, rather than bitterness.

What does the speaker believe is the current order of goals in the criminal justice system?

The speaker believes the current order of goals in the criminal justice system is punishment, incapacitation, deterrence, and rehabilitation, with society emphasizing them in that order.

Why does the speaker argue that punishment alone is not a long-lasting solution?

Punishment alone is not a long-lasting solution because it does not address the root causes of criminal behavior or provide opportunities for individuals to change and reintegrate into society.

What is the fallacy the speaker points out about the goal of incapacitation in prisons?

The fallacy of incapacitation is that it only temporarily removes criminals from the streets, and over 90% will return, potentially victimizing others within the prison system or continuing criminal activities from within.

What is the speaker's view on the role of rehabilitation in the criminal justice system?

The speaker views rehabilitation as the most crucial aspect of the criminal justice system, as it offers the potential for long-lasting positive change and societal benefit.

Can you describe the story of Miguel mentioned in the script and its significance?

Miguel was a former drug dealer and gang member who ended up in prison. His transformation began in a fire camp, where he experienced a moment of realization and positive change. This story illustrates the process of personal transformation and the importance of opportunities and support in that journey.

What is the analogy used by the speaker to explain the importance of opportunities and support in transformation?

The speaker uses the analogy of a light switch and lightbulb to explain that personal transformation requires both the will to change (turning on the switch) and the opportunities and support (the lightbulb) to channel that change effectively.

What is the final message the speaker leaves the audience with, and why is it significant?

The speaker ends with the story of the Grinch from 'How the Grinch Stole Christmas,' highlighting that if even the Grinch can experience transformation, there is hope for everyone. This message emphasizes the potential for change and the importance of societal acceptance and support.

Outlines

00:00

😀 Introduction to the Inspector General's Role and Personal Journey

The speaker, the Inspector General, begins by addressing the common confusion about their role and lightheartedly clarifies it in contrast to the Attorney General. They then delve into their extensive background in criminal justice, starting as an officer and later becoming a prosecutor. The speaker candidly admits to being part of a flawed system that repeatedly incarcerates the same individuals without addressing the root causes of reoffending. This realization led them to join the Inspector General's office in 2005 with the aim of effecting change from within. Drawing inspiration from Martin Luther King Jr., they emphasize the need for transformation within the criminal justice system, not just among offenders but also within the system and society itself. The speaker outlines the concept of transformation and calls for a collective effort to change the current state of prisons and the approach to criminal justice.

05:01

🔧 The Flaws in Current Criminal Justice Priorities and the Power of Rehabilitation

The speaker critiques the current priorities of the criminal justice system, which are punishment, incapacitation, deterrence, and rehabilitation, in that order. They argue that this order is short-sighted and counterproductive, as it does not focus on the long-term benefits of rehabilitation. The speaker uses humor and personal anecdotes to illustrate the ineffectiveness of punishment and deterrence, pointing out that most offenders do not consider the consequences of their actions before committing crimes. They highlight the fallacy of incapacitation, noting that over 90% of prisoners are eventually released and that true criminals will find ways to continue their activities even in prison. The speaker advocates for a shift in focus towards rehabilitation, sharing the story of Miguel, a former offender who turned his life around through a fire camp program. This narrative serves to underscore the transformative power of providing opportunities that can help individuals overcome their past and contribute positively to society.

10:01

🌟 The Importance of Support and Opportunity in the Transformation Process

The speaker continues the narrative of Miguel's transformation, emphasizing the importance of support systems and opportunities in the rehabilitation process. They describe how Miguel initially engaged in negative behaviors in prison but eventually experienced a turning point during his time in a fire camp, where he learned teamwork and responsibility. The story illustrates the significance of personal responsibility and the role of positive influences in an individual's life. The speaker also discusses the challenges faced by those re-entering society, including societal acceptance and the fear of failure. They argue that society must be willing to support and believe in the possibility of transformation, just as individuals must be willing to change. The speaker concludes with a metaphorical story from 'The Grinch' to inspire hope and emphasize that if a fictional character can change, there is hope for anyone to experience transformation, given the right opportunities and support.

Keywords

💡Inspector General

The Inspector General is an official who holds a position of authority within a government agency, often tasked with overseeing and ensuring the efficiency and integrity of the organization's operations. In the video, the speaker clarifies the role of the Inspector General in overseeing programs within the Department of Corrections, emphasizing the unique path they took to this position and their shift in perspective regarding the criminal justice system.

💡Criminal Justice System

The criminal justice system refers to the set of institutions and processes involved in the administration of criminal law, including the police, courts, and corrections. The speaker's career within this system spanned from being an officer to a prosecutor, and eventually to the Inspector General, highlighting the evolution of their understanding of its flaws and the need for transformation.

💡Transformation

Transformation in the context of the video signifies a profound change in the way the criminal justice system operates, particularly in how it views and treats offenders. The speaker emphasizes that transformation is not only for the offenders but also for those within the system and society. The concept is illustrated through personal stories, including that of Miguel, who experienced a personal transformation that led to his successful reintegration into society.

💡Rehabilitation

Rehabilitation is the process of restoring someone to health or normal life through training and therapy after imprisonment. The speaker argues that rehabilitation should be the primary goal of the criminal justice system, as it offers the most enduring benefit to society by enabling offenders to reintegrate and contribute positively upon release.

💡Punishment

Punishment in the video is discussed as one of the current goals of the criminal justice system, but the speaker points out its limitations as a standalone solution. While acknowledging the necessity of consequences for criminal actions, the speaker stresses that punishment should be accompanied by opportunities for change and rehabilitation.

💡Deterrence

Deterrence refers to the prevention of offenses through the fear of punishment. The speaker challenges the effectiveness of deterrence, citing personal experiences where offenders did not consider the consequences of their actions before committing crimes. This suggests that the threat of punishment alone is insufficient to prevent criminal behavior.

💡Incapacitation

Incapacitation is the concept of removing offenders from society to prevent further criminal activity. The speaker critiques this goal as a fallacy, arguing that it is short-sighted and does not address the root causes of criminal behavior. The example given is that even in prison, offenders can continue to victimize others or maintain criminal connections outside.

💡Opportunities and Obstacles

The video discusses the balance between opportunities and obstacles in the context of an offender's journey towards transformation. The speaker suggests that for transformation to occur, there must be more opportunities than obstacles, and these opportunities must be accessible and substantial enough to motivate change.

💡Inspirational Figures

Inspirational figures such as Martin Luther King Jr. are mentioned to highlight the power of turning suffering into a creative force for positive change. The speaker draws a parallel between the struggles faced by these figures and the challenges within the criminal justice system, suggesting that inspiration can drive transformational change.

💡Miguel's Story

Miguel's story serves as a narrative example of personal transformation within the video. Initially involved in criminal activities, Miguel's experience in a fire camp and the subsequent recognition from the community led to a profound change in his perspective and behavior. His story illustrates the impact of positive reinforcement and the importance of providing opportunities for change.

💡The Grinch

The Grinch is used as a metaphor for transformation at the end of the video. The character's change of heart, symbolized by his heart growing three sizes, represents the potential for even those with a troubled past to experience profound change. This serves as a hopeful message that transformation is possible for everyone, including those within the criminal justice system.

Highlights

Introduction of the Inspector General's role and the speaker's unique career path.

Misunderstanding of the Inspector General's role and common confusion with the Attorney General.

The speaker's transition from a prosecutor to joining the Inspector General's office to impact the Corrections system.

Recognition of the broken criminal justice system and personal involvement in it.

Inspirational influence of Martin Luther King Jr. on turning suffering into a force for positive change.

The concept of transformation within the criminal justice system, not just for offenders but also for those within the system.

Definition and explanation of 'transformation' in the context of the criminal justice system.

The need for a change in the use and function of prisons to improve rehabilitation.

Acknowledgment of the limitations of the criminal justice system and the naivety of expecting different results without change.

The current goals of the criminal justice system and their societal emphasis.

Critique of the emphasis on punishment and the need for rehabilitation.

Discussion on the ineffectiveness of deterrence in preventing criminal behavior.

The fallacy of incapacitation as a goal of incarceration and its unintended consequences.

The importance of rehabilitation as the key to long-lasting benefits for society.

The story of Miguel, a former inmate, and his transformative experience in a fire camp.

Miguel's realization of his potential for change and the impact of positive reinforcement from the community.

The necessity of personal responsibility and the role of programs in facilitating transformation.

The challenges of reintegration into society after transformation and the support needed from society.

The analogy of the lightbulb and utility to illustrate the need for continuous support in the transformation process.

The story of the Grinch as a metaphor for the possibility of transformation even in those with a troubled past.

The call to action for society to embrace and support the transformation process for individuals and the system.

Transcripts

Translator: Gabriela Ahearn Reviewer: Denise RQ

Good morning! I am happy to be here today.

Most people have no idea what an Inspector General does,

and that's OK.

Usually I get mistaken for the Attorney General,

and I explain, in California, we don't look anything alike.

(Laughter)

But as the Inspector General,

part of my job is overseeing programs within the Department of Corrections.

I had a unique path in getting to this place.

I started my career in criminal justice 33 years ago as an officer,

worked as an officer in basically every capacity

before going to law school and becoming a prosecutor.

And for 17 years, as a Deputy District Attorney in a very conservative county,

I was instrumental in a lot of people going to prison.

But I didn't have to be real smart to figure out, after a while,

when I was prosecuting the same person who went to prison,

got out, reoffended, went to prison, got out, reoffended,

that our system was broke, and I was part of that broken system.

So when I had an opportunity in 2005 to join the Inspector General's office,

and actually have an impact on Corrections

and have an impact on perhaps changing what was going on,

I took that opportunity.

And four years ago, I was appointed to become the Inspector General.

So now I'm in a place

where it would be easy to see the failures,

and it would be easy for those of us in the system to get frustrated.

But I am inspired by someone we celebrated this week:

Martin Luther King.

And when he was asked about

all the frustrations that he suffered, all the suffering itself,

he said, "You can either choose to turn that into bitterness,

or you can take that suffering

and turn it into a creative force for positive change."

And I'd like to think that most of us in the system want to do that.

And we've heard story after story today

about people doing that.

And so that's what I want to talk to you about today: transformation.

A lot of times, we hear words, and we think we know what they mean,

but sometimes, it takes examples for us to realize their true meaning.

Transformation in the criminal justice system

can't just take place with the offenders.

We are hearing great stories today about people transforming themselves.

But it's also got to be those of us in the system and society at large.

And I'm encouraged that it's happening.

Many of you in this room are a part of it happening.

And that's encouraging.

But we need to continue it,

because transformation doesn't happen overnight;

it's a process.

The definition is actually,

"To undergo a change or conversion in the use,

function, purpose, or nature of being."

And we need to change the way we use our prisons,

the way we have our prisons function

so that people come out better when they leave and not worse.

I would be the first one tell you that ...

it'd be naive to think that that will work for every one.

But there are certainly a lot of people out there

that it can work for.

And it is a public safety issue, we've heard from other speakers.

So, what I ask people to do

when we talk about the criminal justice system

is realize that we've been doing the same thing over and over again

the same way, and expecting different results.

(Laughter)

(Audience) That's insanity.

That is insanity.

And I am tired of being part of an insane process.

I want to see a change.

In order for that to happen however,

we need to realize what the four goals currently are,

and the emphasis that's placed on them by our system.

I teach criminal justice or had for ten years at the college level,

and today, unfortunately,

the purpose of criminal justice is in this order:

punishment, incapacitation deterrence, and rehabilitation.

And unfortunately, we as a society emphasize it that way,

but that is so short sighted;

and believe me, I've talked to hundreds of offenders,

hundreds of victims, hundreds of people in law enforcement,

and all of us will tell you that it's short sighted.

Punishment, as we've heard already,

is something that is never going to be a long lasting solution.

Yes, there have to be consequences for crime,

yes, punishment should meet the crime, but people should be allowed to change.

And if they do - and as we heard earlier, pay that debt to society -

should be accepted back into society.

So, punishment alone can't be the answer.

There has to be rehabilitation that goes along with it.

And quiet frankly, if deterrence worked,

we wouldn't have people in prison.

You know, I've never talked to an offender yet, who said,

"I thought through all the consequences of my actions

before I committed my criminal act."

(Laughter)

Are there that small percentage that we heard - some of them today -

the day they walked into prison said, "I never want to come back."?

Sure, but it's not that easy,

because transformation is a process.

The opportunities have to outweigh the obstacles.

And that third goal of incarceration -

the goal being incapacitation - is actually a fallacy.

Yes, we get people off the streets for a time being,

but as we've heard, over 90% will get out on the streets again.

And it's a fallacy also

because, if someone is really criminally minded,

and I know there are men in this room will agree with this,

all your doing

is changing their victim population when you put them in prison.

They victimize other inmates, staff,

and if they have connections to the outside,

they continue their criminal ways.

So incapacitation isn't working either.

So if punishment isn't the answer in and of itself,

if deterrence doesn't work, and incapacitation is shortsighted,

that leaves us with rehabilitation.

And that's really the only thing

that, if we can make it real, will have the longest lasting benefit

to society at large.

So what does that take?

Well, I've already told you

that the opportunities have to outweigh the obstacles,

and it's a process.

And we've heard a lot of good stories today,

and I want to tell you another one about a young man named Miguel.

And Miguel would be the first one to tell you that he was a hustler,

as we heard described earlier.

He went through his youth

selling drugs, being involved in gangs, and ultimately, ending up in prison.

And even when he got to prison he was a hustler,

but not in a good way of an entrepreneur,

he continued to try to figure out

ways to smuggle things in, and con the staff, and so on.

And he actually got himself put in fire camp

not because he wanted to learn how to be a fireman

but because he thought that would be a better way

to smuggle in tobacco and sell it.

And when he got to fire camp though, something happened.

He went through the training,

he went through the building of the Esprit de Corps

with his fellow crew members

because they are carrying heavy machinery, and you're three inches from a saw blade,

and you have to trust that guy next to you.

And they were sent to a fire in Southern California

in the Poway area.

And they were told, "You have to build this fire break

because this small subdivision is at risk, the blaze is coming towards it.

We have evacuated the houses."

And they spent 20 hours on a fire line creating a break.

And that night the fire approached,

and they watched as the break held it back, and it receded.

They spent the rest of the day mopping up the hot spots.

And then, the next morning,

as they were walking out down this two-lane road

where law enforcement was escorting the evacuees back to their houses,

something happened.

Cars stopped, families got out, and they started applauding.

And Miguel found himself crying, and at first, he couldn't understand it.

But you see, that was his moment, where he turned the lights on.

That was the time when something in him said,

"I can be more than what I am now."

And we've heard those stories all day long.

Because transformation is a process.

It starts however, with the person,

taking personal responsibility and deciding to change.

Once they've done that,

what happens when you turn on your light switch at home

and you don't have a lightbulb?

Nothing, it's dark.

So there has to be a conduit for that force,

there has to be somewhere for that positive energy to go.

Well, what he did is he went back to fire camp,

and all those other inmates that he called suckers

for wasting their free time on things like education and programs,

he got involved with.

That was his lightbulb, that was his conduit

for his positive energy.

And so, once he had that conduit,

he started doing something he never thought he'd do.

And that was reaching out to his family on the outside

whom he had burned all bridges with re-establishing those relationships.

And pretty soon, guess what? He was going to be paroled.

And he told me that he got scared because, "Will society accept me?

Will they believe that I've transformed? What am I going to do when I get out?"

Because transformation is a process, it doesn't happen overnight.

You've got to have that inspiration to change, to turn that power on.

You've got to have a conduit for that positive power.

And I want to say we're getting there; we're nowhere close to where we could be:

for every person that's in a program, there are 50 on a waiting list.

But we are getting there.

And we are moving in that direction, and that's positive.

We need to have more lightbulbs out there,

more conduits for that positive change to happen.

And then he got paroled, and what he said happened was ...

It was a particular individual - and we've heard this story today too -

that believed in him, that when he started to falter

because there will be times when people falter.

What happens when a storm rages to your lights?

They flicker, sometimes they go out.

And then who's there?

PG&E hopefully, or whoever your utility company is

to turn them back on for you, right?

Well, we as a society,

and the families that are out there, and the people out there

have to be able to be willing to see folks,

maybe stumble, but still succeed.

Because otherwise, we have a system which we've had for years,

where we think our job

is trying to figure out how to lock people back up

instead of how to keep them out successfully.

And that has to change

because the opportunities have to outweigh the obstacles.

And so, those of us in the system that believe this

are trying to make that happen.

And I know that there are people in the system

that are trying to make it happen for themselves.

So Miguel got out, and he is successful now.

Because he was able to turn on that light.

He was able to have a way to build on it, that positive energy.

And he has a way to continue, to have the utilities working,

and have the utility bill payed so that it continues to happen.

Because what happens, again, if you turn on your lights

and you have lightbulbs, but the utilities aren't there?

Your lights go off.

So transformation is a process,

the opportunities have to outweigh the obstacles.

And I want to leave you with something

that I'm hoping will resonate with all of us.

And it's an example of transformation.

It's a classic story of a person

whose life had more obstacles than opportunities,

who wasn't accepted by society, who turned to criminal ways,

but it took one moment, one realization - and in this case, a little girl -

to have this person change.

And even more so, it took a society that was willing to accept him

after he went through transformation.

I think you'll all recognize this.

(Video starts) ("The Grinch" show clip)

(Laughter)

And the Grinch's small heart grew three sizes that day,

and then, the true meaning of Christmas came through,

and the Grinch found the strength of ten bridges, plus two.

(Video ends)

(Laughter)

If the Grinch ...

(Applause)

if the Grinch can experience transformation,

there's hope for all of us.

Thank you.

(Applause)