13. Dealing with offending behaviour: Restorative Justice Flashcards
What is restorative justice?
A system of dealing with criminal behaviour which focuses on the rehabilitation of offenders through reconciliation with victims.
In theory, how does restorative justice work?
It enables the offender to see the impact of their crime and serves to empower the victim by giving them a voice.
How does restorative justice change the emphasis?
Historically the emphasis has always been on the crime the offender has committed to the state and the need of the state to uphold laws and justice, restorative justice focuses more on the need of the individual victim to come to terms with the crime, they are therefore encouraged to take an active role in the process while the offender is required to take responsibility.
How does the restorative justice process work?
Restorative justice users managed collaboration between the offender and victim to simultaneously create healing and empowerment. A supervised meeting between the two parties attended by a mediator sees the victim confront the offender explaining how the incident affected them the offender sees the impact of their actions.
What are the key features of the restorative justice process?
- Focus on acceptance of responsibility an positive change the people who harm others.
- Not restricted to court rooms, survivors and the offender may choose to meet face-to-face in a non-courtroom setting.
- Active rather than passive involvement for all parties wherever possible in the process.
- Focus on positive outcomes for survivors and those who have engaged in wrongdoing
What variations are there of restorative justice?
Restorative justice is flexible and can function as an alternative to prison or an add-on to community service, in some cases parties don’t meet face-to-face but financial penalties are used to reflect the psychological or physical damage done by the offender, sometimes the offender repairs property themselves.
What is the restorative justice council?
The restorative justice council is an independent body whose role is to establish clear standards for the use of restorative justice and support victims and specialist professionals in the field.
Where does the restorative Justice Council advocate the use of restorative practice?
They advocate the use of restorative practices in preventing conflict in many areas including schools, children’s services, workplaces, hospitals, communities and prison.
What are the evaluation points for restorative justice as a way of dealing with offending behaviour?
+ Diversity of programmes
- Over-reliance on remorse from offender
- Expensive
- Soft option
How does restorative justice have a diversity of programs?
There is a degree of flexibility in the way in which programs can be administered and the term itself covers a wide range of possible applications. Schemes can be adapted or tailored to the needs of the individual situation. This does create difficulty however in making general conclusions about the effectiveness of the approach.
How does restorative justice have overreliance on remorse from the offender?
There is a danger that some offenders may sign up to the scheme to avoid prison or get a reduced sentence rather than a genuine willingness to want to make amends to the victim. The victim may also have an ulterior motive to seek revenge of their own. Programs may not have positive outcomes therefore when the participants don’t have the best intentions.
How is the restorative justice system expensive?
Shapland et al. 2007 - every £1 spent on restorative justice would say the criminal justice system £8 to reduce reoffending. However specialist professionals are required to mediate meetings between offenders and survivors this reduces the cost effectiveness of the solution.
Why is the restorative justice system considered a soft option?
Alternative to custodial sentencing tend not to receive much public support, they are often regarded as soft options and the sentiments tend to be echoed by politicians keen to convince the electorate they are tough on crime.
