Crime prevention: restorative justice

Question 1

What is restorative justice?

Answer 1

• a process where parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future

Question 2

What are the processes of restorative justice?

Answer 2

1. Victim - offender mediation
2. Family group conferences
3. Restorative cautioning
4. Sentencing circles
5. Other settings

Question 3

What is reparation (restorative justice)?

Answer 3

• the promotion of healing and reconciliation between offender and victim
• reconciling a respect for victims, desire to hold offenders accountable, community input into the punishment process
• addresses the emotional need to bring closure to the harms caused by crime
• effective re-integration of offenders

Question 4

What is retribution (criminal justice)?

Answer 4

• a negative and hostile relationship between offender and victim
• a desire for vengeance
• punishment for specific offences that is state-centred and dominated by legal professionals

Question 5

What is stigmatic shaming (criminal justice)?

Answer 5

• shaming which creates outcasts
• ‘criminal’ becomes a ‘master status’ driving out all other identities
• where bonds of respect with offenders are not sustained

Question 6

What is reintegrative shaming. (restorative justice)?

Answer 6

• disapproval dispensed within an ongoing relationship with the offender based on respect
• focus on the evil of the deed rather than on the offender as an irredeemably evil person
• where degradation ceremonies are followed by ceremonies to decertify deviance
• where forgiveness, apology and repentance are culturally important

Question 7

Claims about restorative justice

Answer 7

• victims tend to be more satisfied with the conference outcome
• most offenders and victims find the conference process fair
• half of all conferences are successful in repairing the harm caused to the victim
• recidivism rates are lower among offenders after the conference process compared with those processed by the CJS
• offenders with more and more serious previous convictions are more likely to benefit from restorative justice conferences than are first time offenders

Question 8

Criticisms of restorative justice procedures

Answer 8

• RJ outcomes are highly dependent on and vary across context, the ‘heterogeneity problem’
• can result in the loss of due process
• can result in the loss of other rights of participants
• can amplify stigmatic as well as reintegrative shaming

Question 9

Criticisms of restorative justice values

Answer 9

• naive dichotomy between retribution and reparation
• limited appreciation of power relations in restorative justice processes, that can disadvantage marginalised groups
• unrealistic expectation that restorative processes can stimulate transformative changes in behaviour