IV. EMBRACING OFFENDER "IDENTITY" - TAKING THE STIGMA OUT OF THE LABEL
Braithwaite suggests that labeling criminal offenders as such "will actually reduce crime
when the labeling is respectful and focused on the act rather than the person and where
disapproval is terminated by ceremonies of forgiveness and apology." 66 Others contend
that labeling is inherently stigmatizing and [*310] likely to increase recidivism. 67 In
response to these claims and criticisms, we turn to the example of Alcoholics Anonymous,
which teaches that self-labeling in a supportive community of "recovering" offenders can
speed reconciliation between the perpetrator and the larger community. 68
Because we live in a culture saturated in alcohol and drug "recovery" stories, 69 it is difficult
to recall the time when "alcoholism was considered hopeless by the medical profession and
a moral failing by almost everyone." 70 This, of course, is much how criminal offenders are
considered today. 71 Although AA aids members in coming to terms with their specific moral
failings, the condition of alcoholism is re-conceptualized in AA practice as being beyond the
alcoholic's control and therefore undeserving of shame. 72 Only by embracing one's identity
as an alcoholic, i.e., as a person who has lost the ability to control his drinking, is the
alcoholic able to regain the "locus of control" by becoming abstinent and pursuing the
physical, emotional and spiritual solution offered by AA practice. 73
Although this transformation occurs over time and through many different AA practices, it
commences with one's willingness to identify one's self as an alcoholic. 74 By so doing, the
alcoholic is not only able to reinterpret his life [*311] through the values of the AA
community, but to keep his former identity alive while at the same time acquiring a
new identity as a recovering alcoholic. 75
As the alcoholic tells his story as an alcoholic, he reaffirms an identity with his or her former
self (I am the person who did these things, the person who takes responsibility for these
things) even as he or she creates (with each retelling) an increasing sense of distance from
that self. One may, during the moments of confession, bring yet another aspect of
one's ego, one's sense of shame or remorse about past events, before God and an
audience so that it has less power over him or her. The speaker reaffirms his or her present
persona, his or her identity as a recovering alcoholic, which entails membership within a
community, which is an identification with a future self, the self that the speaker promises to
become. 76
It is therefore with pride rather than shame that an AA member introduces himself as an
alcoholic. 77 This greeting has been said to have various "extended" meanings depending
on the context in which they are said, including:
1. I have faced the reality that I am an alcoholic who cannot control my drinking;
2. I have suffered and caused others to suffer just as have other alcoholics;
3. I do not acknowledge the shame other people attach to alcoholism;
4. Though an alcoholic, I am not drinking today but am rather pursuing my own (and my
fellow alcoholics') mental, spiritual and physical recovery; and,
5. Even though I am not drinking today, there is a part of me that remains immature,
self-centered, egotistical and superficial, i.e., the "alcoholic personality" in me, that
sometimes operates to harm myself and others. I claim this part of myself instead of trying to
hide it by pretending to be perfect. 78
These positive reinterpretations of one's alcoholism serve to relieve shame for both speaker
and listener. 79 Neither is forced to continue denying his condition, [*312] nor his
misdeeds. 80 Rather, he is encouraged by the community of alcohol "offenders" to "come
clean" and rejoin the human race. 81
A similar course of self-identification and "offender" community support could be pursued by
"graduates" of the restorative justice process. After all, the repeated acknowledgement that
one is an alcoholic is no more or less the repeated admission that one has chronically
offended. The condition of alcoholism, like the "condition" of being an ex-offender is
"concealable stigmas." 82 Having such a stigma "means that otherwise routine self
disclosures can place one at heightened risk for negative sanctions, which others are likely
to regard such disclosures as highly - often inappropriately - intimate, and that reciprocity of
disclosure is difficult to maintain in a personal relationship." 83 Difficult as it might be, the
positive affirmation of a concealable stigma, such as "I am gay," "I am an alcoholic" or "I am
an ex-offender" is an important component of the process of identity formation and
psychological health." 84
The fact that alcoholism is sometimes considered a "disease" over which one has no control,
does not distinguish it in a material way from criminal offending as an identity. 85 By now it is
well understood that AA's references to alcoholism as a "malady," an "illness" and an
"allergy" are largely metaphoric. 86 [*313] The "condition" of active alcoholism is
understood as the maintenance of a false spiritual economy of pride, control, dominance,
and centrality. 87 The "condition" of active offending can be similarly understood and its
stigmatizing features reduced or nullified by disclosure among fellow sufferers who are most
likely to possess the necessary ability to be supportive, encouraging, empathetic, and
nonjudgmental. 88
Whether acknowledging one's status as an alcoholic, criminal offender, or sinner, the
repentant individual directs his attention outward toward others, recognizing and accepting
his own fallibility, vulnerability, dependence, and relatedness to others. 89
V.THE CASE FOR INCLUDING A "RECOVERING OFFENDER" IN THE VOM PROCEEDING
At least one commentator has recognized that AA is the "one institution in our society that
recognizes shame." 90 This recognition does not, however, mean that "shame is an integral
part of many of the exercises required by AA." 91 On the contrary, AA principles, traditions
and practices that deal with shame, serve [*314] to relieve the alcoholic of
shame's many debilitating burdens, including isolation, suspicion, anger, anxiety and, of
course, addiction.
The intense shame of alcoholism is understandable. The disease is characterized by a
complete loss of control over drinking that becomes more debilitating over time. 92 As
alcoholism progresses, the alcoholic begins to drink ever-greater quantities in an increasing
array of circumstances. 93 Alcoholism's downward progression leads to social disability. 94
Excessive tardiness or drunkenness at work may lead to employment termination. 95
Alcoholism's destructive effects on relationships often precipitate the dissolution of
friendships and marriages. 96 Decreased personal and professional productivity create
financial problems that commonly lead to foreclosure, bankruptcy, eviction and often
homelessness. 97 The association between excessive alcohol consumption and crime,
including violent crime, is well documented as are the deadly effects of late stage
alcoholism. 98
Despite the quite obvious devastation caused by alcoholism, most alcoholics maintain a
remarkable capacity to deny the problem and resist treatment. 99 Like the active alcoholic
living in a state of chronic shame and denial, the criminal [*315] offender is likely to remain
in denial unless the painful experience of shame can be reduced to tolerable levels.
100 Whether the presence of an offender's (often baffled, hurt and frustrated) family and
"friends" at VOM conferences can serve this purpose is questionable.
It is more than a little curious that in the same article citing research demonstrating that
criminal behavior is often produced by rejecting families who punish a child with stigmatizing
sanctions, Braithwaite recommends VOM participation by the offender's family to reduce
shame. 101 Assuming such families have not experienced a radical transformation by
the time their criminal member is diverted to a VOM, it seems unlikely that they will approach
him with the compassion, understanding and respect necessary to achieve "reintegrative"
shaming. 102
AA experience, together with the considerable research on the reasons for its efficacy,
teaches us that the best ally in the struggle to come to terms with a long history of misdeeds
is another miscreant. 103 In AA's "Big Book," AA co-founder "Dr. Bob" describes the
profound effect his first meeting with the newly sober Bill W. had on his own quest for
recovery.
Bill was a man who had experienced many years of frightful drinking, who had had most all
the drunkard's experiences known to man, but who had been cured by the very means I had
been trying to employ, that is to say, the spiritual approach. He gave me information about
the subject of alcoholism which was undoubtedly helpful. Of far more importance was the
fact that he was the first living human with whom I had ever talked, who knew what he was
talking about in regard to alcoholism from actual experience. In other words, he talked my
language. He knew all the answers, and certainly not because he had picked them up in his
reading. 104
This ability of recovering alcoholics to "reach" those searching for sobriety is
well-recognized. 105 The same should be true of "recovering" offenders. Braithwaite himself
recognizes that non-stigmatizing shaming is more likely to [*316] occur if done by someone
with whom the offender identifies. 106 Moreover, at least one commentator recommending
that former parolees serve as lay supervisors for the recently paroled does so based upon
the "ample evidence" that those with similar experiences more quickly generate trust and
understanding. 107
In addition to assisting the offender in dropping shame's defenses at VOM conferences,
"recovering" offenders can model empathic responsiveness for the victim. 108 After the
victim and her supporters tell their story of the harm suffered as a result of the crime at
issue, the recovering offender can introduce himself as such, respond empathically
to the victim and tell his own story of offense and recovery. Thus would the desired "meta"
or "master" narrative of recovery begin to be told to offender and victim alike.
This narrative tradition has a long and successful history of inducing moral behavior and
reintegrating "wrong-doers" into society. The "meta" or master narrative of recovery into
which AA members "fit" their own individual stories follows the general theme of losing
control, hitting bottom, realizing alcohol is the problem and beginning a process of change
with abstinence at its core. 109 At bottom, the AA "recovery narrative" permits all listeners to
recognize their interconnectedness - a recognition with which shame profoundly interferes.
110 Such narratives also enable the teller to normalize his own experience, assisting him in
becoming accountable for the harm his behavior has caused to others.
111 [*317]
The power of such narratives is already a part of restorative justice theory and practice. The
VOM process is meant to open with each party telling their story, followed by a
conversational narrative where each participant speaks with feeling, thereby personalizing
victimization and loss. 112 Expressions of anger, fear and understanding are also
expressed, as a result of which empathy is established. 113 The victim is not required to
develop a positive view of the offender (and perhaps vice verse) but merely an
understanding of the victim's plight. 114 Finally, consensus is reached, everyone agreeing
upon restitution by the offender to "make things right." 115
The power of identification to assist in this difficult conversational narrative is once again
demonstrated by the experience of Alcoholics Anonymous. For some, the feeling of
identification and empathy is so strong that it seems like magic or, at a minimum, the result
of a benevolent conspiracy. 116 At an AA meeting observed by the author in New
York City in the winter of 2004, a young man expressed this sentiment by way of the
following story:
I was at the end of my rope and called information to get AA's telephone number. After
reaching AA and talking with a woman who answered the telephone there, she
recommended that I attend a meeting in midtown Manhattan. The man
who spoke at that meeting seemed to be speaking about my own experience. Because it
seemed impossible that he would know how I felt, I was convinced the AA woman "called
ahead" to tell the group I was coming and described my situation so that the speaker would
be certain to address the issues that concerned me. It was many months before I
remembered this thought and realized how ridiculous it had been. 117
If a single VOM conference is meant to have a similarly profound effect on the offender, it
seems foolish not to adopt some of the proven techniques of Alcoholics Anonymous. Having
a recovered offender present at the conference would, at a minimum, increase the chances
that the shamed perpetrator will be [*318] enabled to drop his defenses long enough to
respond to the victim and to his own shameful history with sincere compassion and remorse.
118
Braithwaite suggests that labeling criminal offenders as such "will actually reduce crime
when the labeling is respectful and focused on the act rather than the person and where
disapproval is terminated by ceremonies of forgiveness and apology." 66 Others contend
that labeling is inherently stigmatizing and [*310] likely to increase recidivism. 67 In
response to these claims and criticisms, we turn to the example of Alcoholics Anonymous,
which teaches that self-labeling in a supportive community of "recovering" offenders can
speed reconciliation between the perpetrator and the larger community. 68
Because we live in a culture saturated in alcohol and drug "recovery" stories, 69 it is difficult
to recall the time when "alcoholism was considered hopeless by the medical profession and
a moral failing by almost everyone." 70 This, of course, is much how criminal offenders are
considered today. 71 Although AA aids members in coming to terms with their specific moral
failings, the condition of alcoholism is re-conceptualized in AA practice as being beyond the
alcoholic's control and therefore undeserving of shame. 72 Only by embracing one's identity
as an alcoholic, i.e., as a person who has lost the ability to control his drinking, is the
alcoholic able to regain the "locus of control" by becoming abstinent and pursuing the
physical, emotional and spiritual solution offered by AA practice. 73
Although this transformation occurs over time and through many different AA practices, it
commences with one's willingness to identify one's self as an alcoholic. 74 By so doing, the
alcoholic is not only able to reinterpret his life [*311] through the values of the AA
community, but to keep his former identity alive while at the same time acquiring a
new identity as a recovering alcoholic. 75
As the alcoholic tells his story as an alcoholic, he reaffirms an identity with his or her former
self (I am the person who did these things, the person who takes responsibility for these
things) even as he or she creates (with each retelling) an increasing sense of distance from
that self. One may, during the moments of confession, bring yet another aspect of
one's ego, one's sense of shame or remorse about past events, before God and an
audience so that it has less power over him or her. The speaker reaffirms his or her present
persona, his or her identity as a recovering alcoholic, which entails membership within a
community, which is an identification with a future self, the self that the speaker promises to
become. 76
It is therefore with pride rather than shame that an AA member introduces himself as an
alcoholic. 77 This greeting has been said to have various "extended" meanings depending
on the context in which they are said, including:
1. I have faced the reality that I am an alcoholic who cannot control my drinking;
2. I have suffered and caused others to suffer just as have other alcoholics;
3. I do not acknowledge the shame other people attach to alcoholism;
4. Though an alcoholic, I am not drinking today but am rather pursuing my own (and my
fellow alcoholics') mental, spiritual and physical recovery; and,
5. Even though I am not drinking today, there is a part of me that remains immature,
self-centered, egotistical and superficial, i.e., the "alcoholic personality" in me, that
sometimes operates to harm myself and others. I claim this part of myself instead of trying to
hide it by pretending to be perfect. 78
These positive reinterpretations of one's alcoholism serve to relieve shame for both speaker
and listener. 79 Neither is forced to continue denying his condition, [*312] nor his
misdeeds. 80 Rather, he is encouraged by the community of alcohol "offenders" to "come
clean" and rejoin the human race. 81
A similar course of self-identification and "offender" community support could be pursued by
"graduates" of the restorative justice process. After all, the repeated acknowledgement that
one is an alcoholic is no more or less the repeated admission that one has chronically
offended. The condition of alcoholism, like the "condition" of being an ex-offender is
"concealable stigmas." 82 Having such a stigma "means that otherwise routine self
disclosures can place one at heightened risk for negative sanctions, which others are likely
to regard such disclosures as highly - often inappropriately - intimate, and that reciprocity of
disclosure is difficult to maintain in a personal relationship." 83 Difficult as it might be, the
positive affirmation of a concealable stigma, such as "I am gay," "I am an alcoholic" or "I am
an ex-offender" is an important component of the process of identity formation and
psychological health." 84
The fact that alcoholism is sometimes considered a "disease" over which one has no control,
does not distinguish it in a material way from criminal offending as an identity. 85 By now it is
well understood that AA's references to alcoholism as a "malady," an "illness" and an
"allergy" are largely metaphoric. 86 [*313] The "condition" of active alcoholism is
understood as the maintenance of a false spiritual economy of pride, control, dominance,
and centrality. 87 The "condition" of active offending can be similarly understood and its
stigmatizing features reduced or nullified by disclosure among fellow sufferers who are most
likely to possess the necessary ability to be supportive, encouraging, empathetic, and
nonjudgmental. 88
Whether acknowledging one's status as an alcoholic, criminal offender, or sinner, the
repentant individual directs his attention outward toward others, recognizing and accepting
his own fallibility, vulnerability, dependence, and relatedness to others. 89
V.THE CASE FOR INCLUDING A "RECOVERING OFFENDER" IN THE VOM PROCEEDING
At least one commentator has recognized that AA is the "one institution in our society that
recognizes shame." 90 This recognition does not, however, mean that "shame is an integral
part of many of the exercises required by AA." 91 On the contrary, AA principles, traditions
and practices that deal with shame, serve [*314] to relieve the alcoholic of
shame's many debilitating burdens, including isolation, suspicion, anger, anxiety and, of
course, addiction.
The intense shame of alcoholism is understandable. The disease is characterized by a
complete loss of control over drinking that becomes more debilitating over time. 92 As
alcoholism progresses, the alcoholic begins to drink ever-greater quantities in an increasing
array of circumstances. 93 Alcoholism's downward progression leads to social disability. 94
Excessive tardiness or drunkenness at work may lead to employment termination. 95
Alcoholism's destructive effects on relationships often precipitate the dissolution of
friendships and marriages. 96 Decreased personal and professional productivity create
financial problems that commonly lead to foreclosure, bankruptcy, eviction and often
homelessness. 97 The association between excessive alcohol consumption and crime,
including violent crime, is well documented as are the deadly effects of late stage
alcoholism. 98
Despite the quite obvious devastation caused by alcoholism, most alcoholics maintain a
remarkable capacity to deny the problem and resist treatment. 99 Like the active alcoholic
living in a state of chronic shame and denial, the criminal [*315] offender is likely to remain
in denial unless the painful experience of shame can be reduced to tolerable levels.
100 Whether the presence of an offender's (often baffled, hurt and frustrated) family and
"friends" at VOM conferences can serve this purpose is questionable.
It is more than a little curious that in the same article citing research demonstrating that
criminal behavior is often produced by rejecting families who punish a child with stigmatizing
sanctions, Braithwaite recommends VOM participation by the offender's family to reduce
shame. 101 Assuming such families have not experienced a radical transformation by
the time their criminal member is diverted to a VOM, it seems unlikely that they will approach
him with the compassion, understanding and respect necessary to achieve "reintegrative"
shaming. 102
AA experience, together with the considerable research on the reasons for its efficacy,
teaches us that the best ally in the struggle to come to terms with a long history of misdeeds
is another miscreant. 103 In AA's "Big Book," AA co-founder "Dr. Bob" describes the
profound effect his first meeting with the newly sober Bill W. had on his own quest for
recovery.
Bill was a man who had experienced many years of frightful drinking, who had had most all
the drunkard's experiences known to man, but who had been cured by the very means I had
been trying to employ, that is to say, the spiritual approach. He gave me information about
the subject of alcoholism which was undoubtedly helpful. Of far more importance was the
fact that he was the first living human with whom I had ever talked, who knew what he was
talking about in regard to alcoholism from actual experience. In other words, he talked my
language. He knew all the answers, and certainly not because he had picked them up in his
reading. 104
This ability of recovering alcoholics to "reach" those searching for sobriety is
well-recognized. 105 The same should be true of "recovering" offenders. Braithwaite himself
recognizes that non-stigmatizing shaming is more likely to [*316] occur if done by someone
with whom the offender identifies. 106 Moreover, at least one commentator recommending
that former parolees serve as lay supervisors for the recently paroled does so based upon
the "ample evidence" that those with similar experiences more quickly generate trust and
understanding. 107
In addition to assisting the offender in dropping shame's defenses at VOM conferences,
"recovering" offenders can model empathic responsiveness for the victim. 108 After the
victim and her supporters tell their story of the harm suffered as a result of the crime at
issue, the recovering offender can introduce himself as such, respond empathically
to the victim and tell his own story of offense and recovery. Thus would the desired "meta"
or "master" narrative of recovery begin to be told to offender and victim alike.
This narrative tradition has a long and successful history of inducing moral behavior and
reintegrating "wrong-doers" into society. The "meta" or master narrative of recovery into
which AA members "fit" their own individual stories follows the general theme of losing
control, hitting bottom, realizing alcohol is the problem and beginning a process of change
with abstinence at its core. 109 At bottom, the AA "recovery narrative" permits all listeners to
recognize their interconnectedness - a recognition with which shame profoundly interferes.
110 Such narratives also enable the teller to normalize his own experience, assisting him in
becoming accountable for the harm his behavior has caused to others.
111 [*317]
The power of such narratives is already a part of restorative justice theory and practice. The
VOM process is meant to open with each party telling their story, followed by a
conversational narrative where each participant speaks with feeling, thereby personalizing
victimization and loss. 112 Expressions of anger, fear and understanding are also
expressed, as a result of which empathy is established. 113 The victim is not required to
develop a positive view of the offender (and perhaps vice verse) but merely an
understanding of the victim's plight. 114 Finally, consensus is reached, everyone agreeing
upon restitution by the offender to "make things right." 115
The power of identification to assist in this difficult conversational narrative is once again
demonstrated by the experience of Alcoholics Anonymous. For some, the feeling of
identification and empathy is so strong that it seems like magic or, at a minimum, the result
of a benevolent conspiracy. 116 At an AA meeting observed by the author in New
York City in the winter of 2004, a young man expressed this sentiment by way of the
following story:
I was at the end of my rope and called information to get AA's telephone number. After
reaching AA and talking with a woman who answered the telephone there, she
recommended that I attend a meeting in midtown Manhattan. The man
who spoke at that meeting seemed to be speaking about my own experience. Because it
seemed impossible that he would know how I felt, I was convinced the AA woman "called
ahead" to tell the group I was coming and described my situation so that the speaker would
be certain to address the issues that concerned me. It was many months before I
remembered this thought and realized how ridiculous it had been. 117
If a single VOM conference is meant to have a similarly profound effect on the offender, it
seems foolish not to adopt some of the proven techniques of Alcoholics Anonymous. Having
a recovered offender present at the conference would, at a minimum, increase the chances
that the shamed perpetrator will be [*318] enabled to drop his defenses long enough to
respond to the victim and to his own shameful history with sincere compassion and remorse.
118
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