SOUTHERN RURAL SOCIOLOGY, 23(2), 2008, pp. 226-251 Copyright © by the Southern Rural Sociological Association AMISH VICTIMIZATION AND OFFENDING: A RURAL SUBCULTURE'S EXPERIENCES AND RESPONSES TO CRIME AND JUSTICE* BRYAN D. BYERS BALL STATE UNIVERSITY ABSTRACT This article addresses several areas as applied to the rural subculture of the Amish. First, the Old Order Amish will be introduced to the reader. Distinctions will be made between the Old Order Amish and other, cousin, groups. Second, discussion will center on the victimization of Old Order Amish. Several illustrations will be offered along with theories that attempt to explain these phenomena. Third, attention will be given to offending and deviant behavior among the Old Order Amish. Particular focus is placed on Amish youth. Fourth, discussion will turn to the restorative justice model as an effective manner of dealing with criminal justice matters and the Old Order Amish in rural settlements. This model, it will be argued, is ideal for the Old Order Amish based on several subcultural factors. Fifth, and finally, the author will provide some potentially fruitful directions for future research on Old Order Amish social and justice issues. The Amish have long been a curiosity among many, often called the “peculiar people.” Superficially, such curiosity stems from their unique subcultural ways including one of their main differences–costume. There are many other differences, however, which distinguish the Amish from the larger culture and society of the United States. While costume is a superficial means of understanding the Amish, dress is indicative and symbolic of many other more deeply rooted differences. Social differences, coupled with contact between Amish and non-Amish (“English”) can lead to interesting, and sometimes tragic, encounters. THE OLD ORDER AMISH IN AMERICAN SOCIETY A Brief History Many believe they know who the Amish are as a group, yet few people know their history and the importance this history has had in shaping them over time. Two authors, John Hostetler (1955, 1964, 1993) and Donald Kraybill (1989, 2001), have written extensively about the Old Order Amish. One of Hostetler’s main *The author would to thank and acknowledge Lyn Winchell, Text Librarian with The Fort Wayne Journal Gazette in Fort Wayne, Indiana for her assistance with resources for this article. The author is also grateful to Guest Editor Dr. Daniel Phillips with Southern Rural Sociology. 226 AMISH VICTIMIZATION AND OFFENDING 227 works, Amish Society (1993), is considered an authoritative work on the Amish. One of Donald Kraybill’s many scholarly works about the Old Order Amish, The Riddle of Amish Culture (2001), is an important source for understanding the apparent contradictions and perceived mysterious ways of this sect. These books along with their precursors, such as William Schreiber’s Our Amish Neighbors (1962), serve as important sources concerning Amish culture and customs.1 Old Order Amish who reside in the United States are descended from those belonging to the Swiss Anabaptist movement found in 16th century Europe and can be traced back to the Swiss Brethren of the early 16th century (Hostetler 1955, 1993). “Anabaptist,” translated, means “re-baptizer” because these individuals were first baptized within the Catholic faith but believed in adult baptism. The Anabaptists were born of the religious rebellion over official state church doctrine that resulted in the Protestant Reformation. The Anabaptist beliefs including non violence, refusal to take oaths, and the belief in adult, rather than infant baptism, made them the targets of much abuse that included torture and execution. This treatment is chronicled in a 1,000 plus page book of images and descriptions called the Martyrs Mirror. Copies of this book, along with the Bible, can be found in many Old Order Amish homes today. The Mirror is an important historical document to the Amish since it describes the sacrifices for faith that their forebearers bore. As Kraybill (2001:6) notes, “…the bloody persecution etched a sharp distinction between the charge and the larger world in the Anabaptist mind.” The significance of the Anabaptist history cannot be underestimated as a way of better understanding the Old Order Amish culture of today. Change and conflict for Anabaptists did not stop just after the Reformation. Migration ensued to escape continued harsh treatment and leadership changes resulted in a historical split among Anabaptists. Menno Simons and Jacob Amman, Anabaptist leaders, are very important to understanding the Old Order Amish. Menno Simons, from which the term “Mennonite” is derived, was a Catholic priest in the 16th century who felt he had to choose between the doctrines of Catholicism and Anabaptism. He made a choice in favor of Anabaptism in 1536 and became one of their preachers (Hostetler 1993:47). Along with Adult baptism, the Anabaptists had many beliefs derived from the Swiss Brethren making up The Schleitheim Articles 1Much of what is written in this section is derived from Schreiber, Hostetler, and Kraybill. The author had the pleasure of meeting and talking with the latter two authors in Shipshewana, Indiana during a conference on Amish Society in the 1990s. 228 SOUTHERN RURAL SOCIOLOGY including, “the ban” (excommunication), communion is only for true believers who are baptized as adults, Anabaptist should be separated from evil in the world, the traits of clergy (called “shepherds”), avoiding the “Sword” (advocating pacifism), and the rejection of oaths (Hostetler 1993:28-29) which is also called the “confession of faith” (Kraybill 2001:6). The Amish branch of the Swiss Anabaptists can trace their beginnings to Jacob Amman (Hostetler 1955). Amman maintained a stricter interpretation of Anabaptist doctrine and advocated foot washing and Meidung or the strict social avoidance (shunning) of the excommunicated unfaithful. When other Anabaptist leaders refused to agree to the strict interpretation of the Miedung, Amman forced a split, in about 1693, which resulted in the creation of the Amish. Besides these principles, the Amish, under Amman’s direction, also advocated simple grooming and a greater emphasis on humility (Hostetler 1993:47). Therefore, some main distinguishing characteristics found among Anabaptist Mennonites and Anabaptist Old Order Amish today can be linked to different practices steeped in historical foundations. The strictness of church doctrine not only distinguishes the historical split between the Mennonites and the Old Order Amish. There are a variety of Anabaptist group gradations based on the interpretation and implementation of theology including the Beachy Amish and New Order Amish marked by some more progressive Amish practices. Old Order Amish Social Structure and Geographic Patterning The social structure of the Old Order Amish is guided by the principle of Gelassenheit or to surrender to God’s will. According to Kraybill (2001), there are five key dimensions of this principle. These guiding principles urge the Amish person from being “haughty” which is something to be avoided. The principles of Gelassenheit, as described by Kraybill (1989, 2001), include personality, symbols, structure, values, and ritual. The Amish personality is to be reserved and calm. She or he is not to be boastful, proud, loud, bombastic, or vain. Modesty is extremely important. The Amish value structure is marked by similar traits. Values of simplicity, submission, humility, and obedience (to the Lord) are highly coveted (Kraybill 2001). One should avoid being “worldly” and sophisticated because this is the way of outsiders (the English). Many symbols convey these ideas of humility, simplicity, and lack of worldliness including homemade clothing, which is very “plain,” the use of horses instead of motorized transportation and engine powered farm equipment, and their “Pennsylvania Dutch” dialect. Many religious practices can be linked to early Swiss Brethren and Anabaptist ancestors. They believe in the AMISH VICTIMIZATION AND OFFENDING 229 washing of feet, kneeling (before God), adult baptism, confession, and, perhaps the most controversial and misunderstood practice, “shunning” social avoidance as proscribed by the Meidung (Hostetler 1993). The belief in adult baptism deserves a special mention at this time given the aforementioned discussion. The Amish believe in this because they maintain that person should decide for him or herself regarding obedience to God and living a life among the Amish. Baptism typically occurs during the teen years following a period of experimentation and exposure to the “world” during Rumspringa (which is discussed below). Thus, a child, while raised Amish, does not become Amish until she or he consciously decides to do so. If a person professes their faith, is baptized, and becomes Amish and then leaves the Amish world, they run the very real risk of excommunication. If, however, the individual does not wish to be baptized and then leave the Amish excommunication is not likely. The social and geographical organization of Old Order Amish naturally centers on religion and family (Hostetler 1993; Kraybill 2001). These can be understood by analyzing the Amish “settlement” and other unique aspects of social organization. A settlement is a large geographic area consisting of numerous smaller groups of Amish. There are three very large settlements, in order of their size, in the United States–these are the Holmes County area of Ohio, Lancaster County area of Pennsylvania, and the Shipshewana, Indiana area settlement. Amish are represented in 24 states and in Ontario, Canada totaling nearly 180,000 people in 250 settlements (Kraybill 2001:14). There are many more, smaller settlements in numerous states around the country including those in the southern states of Kentucky, Missouri, Tennessee, Virginia, Florida, North Carolina, Texas, and Mississippi (Kraybill 2001). Smaller settlements are often created due to migration of Amish families to seek farmland or to begin new settlements resulting from conflicts over various aspects of Gelassenheit. Each large settlement is made up of several “church districts.” As Kraybill (2001:92) notes, “The church district is the social and ceremonial unit of the Amish world.” These districts are geographical sections of the settlement overseen by Amish clergy. The location of an Amish family’s residence dictates their church district based on the collection of Old Order Amish congregations called an affiliation (Kraybill 2001). “The church district is a congregation, a ceremonial unit encompassing a specific geographic area within a settlement” (Hostetler 1993:92) while the “affiliation” “…is a group of church districts that have common discipline and that commune together” (Hostetler 1993:93). 230 SOUTHERN RURAL SOCIOLOGY Each district has a bishop, two ministers (or three), and a deacon. These male members of a church district are the spiritual team of the district and have varying roles. Sometimes a bishop will preside over two districts that make it possible for him to attend home-based church services in bordering districts between “off Sundays”2 (Kraybill 2001:92). It is the primary role of the district clergy to tend to their flock and to enforce the rules of the district or its Ordnung. The strictness of the Ordnung can vary from church district to church district as different bishops may have different interpretations of church doctrine and how it should be applied to its members. The geographic structure of Amish life is reflected in several additional principles within one dimension of Gelassenheit by being small, informal, local and decentralized (Kraybill 2001:31). The Importance of a Rural Agrarian Lifestyle The Old Order Amish place a high degree of emphasis on the rural agrarian lifestyle (Hostetler 1955, 1964, 1993; Thompson 1984). Farming is considered an honorable vocation and toiling the land brings the Amish male closer to one of God’s creations–earth. Working the land also reinforces the tradition of Old Order Amish–being good farmers–and also conveys the message of self-sufficiency, independence, and the desire to perpetuate the farming trade to future generations. Farming is deeply entrenched in the cultural ethos of the Amish beginning with the practices of their ancestors in Europe. Several issues have befallen the Amish farmer in the 20th and 21st centuries–namely dwindling farmland and rising prices for land. This has forced some Amish to gravitate to other occupations to support families should they not wish to migrate. Ideally, these occupations should be “related” in some way to agriculture (Hostetler 1993); however, there are many instances of the Amish starting woodworking cottage industries, working as carpenters, or holding positions in the manufacturing fields. The latter, manufacturing, has found many Amish employed in the mobile home and recreational vehicle industries in the Shipshewana settlement. If the Amish venture out of their communities for work, which is becoming more common, contact between Amish and non Amish naturally increases. 2Church districts have formal church services every other Sunday and other types of services in the meantime. This allows a bishop to preside over two districts. AMISH VICTIMIZATION AND OFFENDING 231 Dealing with Modernization and Social Change The Old Order Amish are continually negotiating with the larger culture and society regarding modernization and social change (Hostetler 1964; Kraybill 1989). It is inevitable that a subculture that attempts to live by many 19th century (and earlier) edicts will be confronted with modernity and its influences. These influences are seen in several Amish subcultural arenas such as the family, childrearing and farming. Negotiating modernity with the Old Order Amish world is filled with many challenges given how influential the larger “worldly” culture can be for this group. The Amish reject many modern conveniences of the larger culture, yet allow some of them to enter under specific circumstances. For instance, telephones are forbidden in Amish homes but “phone shanties” can be found in rural areas of Amish settlements so phones would be available in case of “emergencies.” The ownership of automobiles is also forbidden yet a small industry of “Amish Taxis” (sometimes referred to by the derogatory slang “Amish Haulers”) serve Amish settlements to ferry Amish persons to stores for groceries and other needs along with taking Amish from settlement to settlement to visit friends and relatives or to attend important events such as weddings and funerals. The Amish are also forbidden to be connected to a common electrical grid; however, electricity and its use is not foreign the Amish since electricity is sometimes generated for various purposes via gasoline engines. While these examples might perplex the reader, they make sense within the Amish world and mindset. For instance, having a telephone in one’s home would not only be too worldly but it would also demonstrate too much “connectedness” to the larger culture. The same is true for electricity from a common grid–the electrical line from the road to the home would “connect” the Amish home to the larger society that they do not want while they also recognize the need for the generation of electricity, at times, for such instances such as powering milking machines. As Kraybill (2001) aptly notes, there are instances when the Amish will allow some modernity to creep into their subculture. When it is allowed, however, it is always coupled with a degree of explanation from the Amish religious leadership to make the formerly prohibited addition consistent with theology. The Amish and the Justice Systems The Amish are often very law abiding citizens who respect the law (Hostetler 1993; Kraybill 1989, 2001). They have a respect for one part of the law in particular because, in part, the criminal law reflects basic tenets of the Ten Commandments and the social proscriptions against interpersonal violence and property offenses found 232 SOUTHERN RURAL SOCIOLOGY therein along with values and beliefs steeped in Amish cultural heritage. The Amish have had more experience with the civil law given a variety of conflicts experienced with the larger culture over education, vehicle laws for buggy and wagon transportation, the motion picture industry, the exchange of goods and services between Amish and non Amish, and the imposition of Meidung. Given the increasing contact found between the Amish and the non Amish, coupled with an ever-changing umbrella society, the Amish will undoubtedly encounter ever more potential conflict. The general pattern of Amish involvement in the civil law is that of a distant participant. When controversial issues confront the Amish and these issues must be addressed by the civil law and courts, the Amish are often very marginal participants or certain individuals and/or groups take on their cause. There have been exceptions to such marginal participation with one case in point being the issue of compulsory education, up to a certain age, for their children. This issue, erupting in the late 1930s, was one that the Amish confronted directly with the aid of legal counsel resulting in court action. For the most part, however, seeking court-ordered remedy is rare for the Amish. The Amish will, however, use attorneys for various legal documents such as wills and real estate transactions, seeking the services of an attorney to sue can be reason for excommunication (Kraybill 2001:265). As an alternative, an Amish male might ask a person to sign a “confessed judgment” which is a statement from the person doing business with the Amish male promising to pay for all services in full. This document is then filed with the local courts but is typically only used if the Amish person feels, before the transaction, that the person may not pay for goods or services (Kraybill 2001:272). The Amish interaction with the criminal justice system is even more difficult to understand and describe. A key to understanding the Amish attitude toward the criminal justice system is best summed up by Kraybill (2001:272) when he writes, “The Amish are taught to bear abuse and suffer insult rather than to fight injustice through legal means.” Central to this attitude is the Amish history with persecution and abuse. One only needs to be exposed to a small amount of early Amish history to understand how they might view themselves as victims of crime. There are several key elements to understanding this attitude more deeply. First, the Amish have experienced perceived poor treatment during many different points in their history. Persecution and abuse by others toward the Amish has been prevalent throughout their history. Such poor treatment is chronicled in the Martyrs Mirror and is taught in Amish households. Second, seeking assistance from representatives AMISH VICTIMIZATION AND OFFENDING 233 of the criminal justice system violates their principle of maintaining “separateness” from the larger culture. While the Amish respect the criminal law, they are not eager participants within it because they prefer to remain distinct. Third, the Amish believe that the criminal justice system is created by man and man is not the final arbiter of poor treatment toward others. In the Amish mind, God and God’s will prevail and those who have sinned through the commission of crimes will be dealt with by this ultimate authority. Should an Amish person participate in the criminal justice process, she or he is not submitting to this supreme authority. Fourth, the Amish place a heavy emphasis on forgiveness of the transgressions of others toward them. Should someone violate the Amish by violent or property crime, it is their [the Amish] role to forgive the person for what they have done. Such forgiveness does not typically involve criminal justice system participation. Fifth, the Amish are required to reject violence. This tenant has at least two dimensions. One dimension is the social proscription against self-defense and the other is the rejection of the violent behavior of others that can take the form of turning the other cheek. Taken together, these key principles in understanding the Amish stance regarding the criminal justice system are all consistent with the strong social mores and norms found within Galessenheit. VICTIMIZATION AND THE OLD ORDER AMISH The Amish, like anyone else, are sometimes the victims of crime whether they are property or violent offenses. There have been cases reported in the news media of hate crimes against the Amish occurring in Wisconsin along with a rash of Amish barn burnings in Pennsylvania. However, the best-known case of Amish victimization came in the fall of 2006 with the West Nickel Mines school shooting (Kraybill, Holt and Weaver-Zercher 2007; Ruth 2007). More can be learned of the Amish response to victimization and tragedy from this case than can be learned about general Amish victimization given this case was an isolated case and the perpetrator did not appear to have any particular animosity toward the Amish as a group. However, and as Kraybill et al. (2007) point out, this was not the first time Amish have been killed by non-Amish and the Amish are no strangers to tragedy. Some argue that the Amish are rarely the victims of crime (Kraybill 1989), but such a position is difficult to establish for at least two reasons. When one examines the larger population, victimization occurs at different rates for different social and demographic groups of people. It is a social fact that some groups experience more victimization that others. A second reason such a stance is difficult to establish is the simple fact that so much Amish victimization is unknown. Within the larger 234 SOUTHERN RURAL SOCIOLOGY society, lower level offenses are much more prevalent than more serious crimes. There is no rational reason to think differently about the Amish and their victimization patterns. The Amish, overall, are unlikely to report personal victimizations and, as a result, the Amish dark figure of crime often remains unknown. The reluctance to report is likely a combination of low-level criminal victimization coupled with the social prohibitions against reporting crimes that could result in Amish involvement with the “government” and its criminal justice system. As Hostetler (1993:355) writes, “No one will ever know how many crimes are smothered in silence.” Thus, we may never know how many low level offenses such as harassment, intimidation, and vandalism are perpetrated against the Amish within American society. Amish Victimization Experiences Perhaps the first scholarly account of crimes against Amish was published by Joe Wittmer in 1971. His article, “Cultural Violence and Twentieth Century Progress” appeared in Practical Anthropology. Since this original work, several other authors have related information regarding incidents of Amish victimization (Byers and Crider 2002; Byers, Crider and Biggers 1999; Kephart and Zellner 1994; Kraybill et al. 2007). Wittmer has an interesting vantage point on the Amish subculture since he, as well as John Hostetler (his work is discussed above), were raised by Amish families. Wittmer discusses the importance of Amish tradition and faith because of the pervasive reality of poor treatment when he writes, “Amish youth are constantly inculcated into a sense of martyrdom and realize the very real possibility of suffering at the hands of ‘nonbelievers.’ Parents vividly relate stories from the martyr book regarding the terrible sufferings of their forebears. There is a pervasive tendency among all Amish to distrust the ‘outsider’” (Wittmer 1971:148). This quotation speaks volumes regarding the Amish attitude toward ill treatment, what the Amish might expect from those outside the sect, and the separation from the larger culture that is such a pervasive desire among the Amish. Wittmer devotes an entire section of his article to the topic of “Cultural Violence” against the Amish. In this section, he relates several anecdotes and examples of such treatment. As he notes (Wittmer 1971:152), The Old Order Amish come under continual harassment as they drive along the road in their open buggies. It is especially popular for non-Amish youth to yell ‘bushhog’ or to ‘baa’ like a goat at the bearded Amish male. These name calling incidents bring about a large amount of undue stress on the Amish as such cases cause an upheaval in the Amish community and are discussed time and time again. AMISH VICTIMIZATION AND OFFENDING 235 This type of treatment has been relayed by others in research on non-Amish offenders (Byers and Crider 2002; Byers et al.1999). In this research, which will be discussed in more detail below, name calling with the intent of intimidation and harassment are not uncommon types of offenses when youth engage in anti-Amish hate crime. This is sometimes coupled with other types of behavior such as “…turning out livestock, upsetting outdoor toilets, and burning corn and wheat shocks” (Wittmer 1971:152). Byers et al. (1999) and Byers and Crider (2002) uncovered very similar types of activities. Similar stories and examples were also relayed to Byers and Crider during a focus group held at the Menno-Hof Center in Shipshewana in the late 1990s.3 Poor treatment, however, does not stop with name calling. Wittmer (1971:152) goes on to state: It is especially popular to harass the young Amish men and their girlfriends as they travel along in their horse-drawn buggies. Many of these young couples have been seriously injured as the horse bolted and ran away after being frightened by a firecracker tossed by a passing motorist. It is also popular to ‘egg’ or ‘stone’ the Amish buggies and a young Amish boy was recently killed (March 1969) in Indiana when struck by a rock thrown from a passing car. The young Amish boy killed in 1969 as related by Wittmer is not the last of such incidents. On August 31, 1979, a highly publicized, and similar, case occurred in Adams County, Indiana. The case involved the death of Adeline Schwartz (Kraybill et al. 2007). Adeline was the eight-month-old child of Mr. and Mrs. Levi Schwartz near Berne, Indiana. On the August evening in question, the Schwartz’s 3This focus group was attended by political leaders, law enforcement personnel, prosecutors, advocates for the Amish and Amish leaders themselves. At one particular moment during the focus group, a participant made light of his prior involvement in such activities. The Menno-Hof Center is an educational and cultural center which was created to inform tourists of Amish, Mennonite and Anabaptist ways with the specific intent of providing a counter-balance to the extensive tourism in the area. The Center has an interactive display of Amish history. Included in this tour is a torture chamber to educate visitors about the Amish history of persecution and it also includes a brief slide show of a truck full of youth harassing an Amish family in a buggy.