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Hearing the Cries: Faith and Criminal Justice is a study written by the Criminal Justice Task Force of the Evangelical Lutheran Church in America (ELCA) and published by the ELCA. It is an invitation to join this church's moral deliberation on a major social issue that not only affects millions of our neighbors whom we are called by God to love and serve, but also many in our congregations. Your participation is crucial.

The ELCA does not have a comprehensive teaching and social policy document on criminal justice. The Death Penalty (1991) social statement deals with only one important area of the system. The social message Community Violence (1994) adds further, but still limited, reflection on the system as a whole. Neither of these two documents provides a framework for approaching the wide-ranging and complex issues associated with criminal justice. In response to concerns raised by numerous synods, the 2007 Churchwide Assembly authorized development of a comprehensive social statement on criminal justice for consideration at the 2013 Churchwide Assembly.

Those who urged the development of this statement observed that Jesus tells his disciples that ministry to individuals in prison is ministry to him (Matthew 25:40). They also noted that this church's interest in criminal justice is based on its long-held concern for:

• the dignity of all;
• just and fair laws;
• the common good;
• the protection of the innocent;
• justice in matters of crime and punishment;
• the support of those who live their callings in assuring justice;
• the care of those who suffer the effects of crime; and
• the restoration of those who commit crimes.

This study engages these issues as it seeks to assist the church in thinking about both criminal justice in our society and the church's ministry with victims, the accused, offenders, families and communities, and those who work in the criminal justice system. Your use and response to this study will aid the task force as it begins to write a draft social statement for members of the ELCA to consider in the near future. The deadline for response is October 15, 2011.

The ELCA as a Community of Moral Deliberation
ELCA congregations are called to be communities of moral deliberation. "Such a community can be defined as a context for and contributor to both personal and public morality. It stresses the responsibility of members of this church to engage together in thoughtful, well-informed deliberation about questions and problems that are theological and moral in nature." This study is designed to put into practice this understanding of what it means to be a community of moral deliberation with respect to issues of criminal justice.

We acknowledge the fact that Christians of good will can and do disagree about moral questions, even though they share many basic values and convictions. Deliberation is difficult sometimes because social concerns like criminal justice are complex and have institutional and structural implications as well as a personal dimension. In the process of moral deliberation, conflicting ideas should be freely offered. In listening to others and allowing our ideas to be tested in discussion, the Spirit of Christ guides our discernment and deepens our insights.

But a caution is necessary. Members of the ELCA are committed to address social ills through the use of human reason and in conversation with all the faithful. This commitment, however, should not be used as an excuse for postponing corporate action until consensus is achieved. This is especially true when the inaction legitimated by the supposed need for "more study" has the effect of insulating the status quo from change. This church needs to reclaim its Reformation heritage of doing and talking at the same time, of simultaneously nailing provocative ideas to the door and thinking about how these ideas might be publicly defended.

Read, Reflect, Discuss and Respond
When people think of crime, they tend to think of the kinds of violent offenses they hear about in the news; and most people believe that crime in the United States is increasing. In fact, most crime is not violent and crime rates have been declining in the United States since the early 1990s.2 Surveys also show that many people believe that courts treat offenders too leniently, but in fact, the United States has the highest incarceration rate in the world. Misconceptions about crime and the criminal justice system sometimes derive from news sources and popular crime dramas that leave viewers with the impression, for example, that most offenders are apprehended by police, when in fact the majority of offenses do not result in arrest. Another common misconception is that most cases involve jury trials, when only a small percentage does.

The purpose of this study is to inform, challenge and guide the church in action. The study addresses the needs and concerns of victims, the accused, offenders, their families and communities, and those who work in the criminal justice system. It considers the human impact of crime (chapter 1); the three areas of the criminal justice system: law enforcement (chapter 2), the judicial system (chapter 3), corrections (chapter 4); and life after crime for all stakeholders (chapter 5). The five chapters are framed by prayer and Scripture, and include stories, faith reflections, and discussion questions.

The study concludes with the story of one Lutheran family's experience of the work of the church in the aftermath of crime and provides suggestions for congregations wanting to get further involved.

Download Hearing the Cries: Faith and Criminal Justice