13. restorative justice Flashcards
Restorative justice programmes switch the emphasis from
the needs of the state (enforce law and punish) to the needs of the individual victim (to feel compensated in some way and come to terms with the crime).
Restorative justice is less about the
retribution and more about reparation (repairing the harm caused).
Restorative justice focuses on two things:
- The victim / survivor of the crime and their recovery.
- The offender and their rehabilitation process.
KEY FEATURES:
- Trained mediator supervises the meeting.
- Offenders voluntarily meet with the survivors.
- There is active rather than passive involvement of all parties in the process wherever possible.
- The survivor is given the opportunity to confront the offender and explain how the incident affected them. This enables the offender to comprehend the consequences of their actions, including the emotional distressed caused.
- Can be face to face or conducted remotely via video-link.
SENTENCING AND RESTITUTION
Restorative justice may occur
pre-trial or function alongside a prison sentence or an alternative to a prison sentence (if the offender is young) or as an incentive to reduce the length of a prison sentence.
SENTENCING AND RESTITUTION
The offender may make some financial restitution to the survivor which may reflect
the psychological or physical damage caused, e.g. in the case of a break in.
SENTENCING AND RESTITUTION
It can also be an emotional sense; the offender can support
the healing process by repairing and rebuilding the survivor’s self-esteem.
RESTORATIVE JUSTICE COUNCIL
Establishes clear standards for the use of restorative justice and
to support survivors and specialist professionals in the field.
RESTORATIVE JUSTICE COUNCIL
It advocates the use of restorative practice beyond dealing with crime can be used
in preventing and managing conflict in schools, workplaces, hospitals, and communities.
AO3: strength of restorative justice
NEEDS OF THE SURVIVOR - restorative justice council
Evidence suggests restorative justice has positive outcomes.
The restorative justice council reported the results of a 7 yearlong research project where 85% of survivors reported satisfaction with the process of meeting their offender face to face and 78% would recommend it to other people experiencing a similar situation. About 60% of survivors felt the process had made them feel better about the incident, enabling them to feel closure and move on. Only 2% said it made them feel worse.
This suggests that restorative justice achieves some of its aims, helping survivors of crime cop with the aftermath of the incident.
AO3: strength of restorative justice
RECIDIVISM - meta analysis
Restorative justice does seem to decrease rates of reoffending (recidivism).
A meta-analysis of 10 studies compared offenders who experienced face-to-face restorative justice schemes with those who just experienced custodial sentencing. The restorative justice group was significantly less likely to reoffend. Also, a review of 24 published studies found lowered recidivism rates with adult offenders, especially when using one to one contact rather than general community involvement.
This suggest that restorative justice has a positive impact on reoffending and reduces recidivism rates.
AO3: limitation of restorative justice
abusing the system - van gijseghem
Offenders may abuse the system.
The success of restorative justice programmes may hinge on an offender’s intentions being honourable – they must be taking part because they genuinely regret the hurt caused and want to make amends. However, Van Gijseghem suggests offenders may use restorative justice to avoid punishment, playing down their actions and even taking pride in their relationship with the survivor using direct contact.
This would explain why not all offenders benefit from restorative justice and go on to reoffend.
