Criminal Behaviour (Restorative Justice) Flashcards
What is Restorative Justice?
Developed as an alternative to traditional methods of punishment
Can be used as a substitute for traditional punishments
Often used in conjunction with these methods
Aims to restore relations between the offender, the victim and the community in which the crime occurred
Improve the experience of the victim and to help repair the harm caused by the crime
Encourages the criminal to accept responsibility for their actions (Andrews and Bonta, 2006)
When offenders fully understand how their actions have negatively affected their victims, they will have the chance to develop empathy and the ability to take the perspective of the victim
Offender is less likely to offend again
Gives victims the chance to meet or communicate with their offenders to explain the real impact of the crime
Empowers victims by giving them a voice
Overseen by the Restorative Justice Council
85% victim satisfaction rate and a 14% reduction in the frequency of reoffending
Led by a facilitator who supports and prepares the people taking part and makes sure that the process is safe
Sometimes meeting face to face is not the best way forward so letters, interviews or videos will be arranged
Can be used for any type of crime or at any stage of the criminal justice system
Offender must have admitted to the crime, and both victim and offender must be willing to participate
3 stakeholders in restorative justice
The victim seeks reparation, the offender must take responsibility and the community aims to achieve reconciliation to maintain a healthy society
Effectiveness evaluation
Sherman and Strang (2007) reviewed previous randomised control trials of restorative justice in the US, UK and Australia, victims of crime were less likely to develop PTSD and were less likely to desire revenge
For adult offenders, restorative justice was more effective than a prison sentence for reducing recidivism, for young offenders, it was equally as effective
Reduction in reoffending rates varies according to the type and seriousness of the crime
Higher reductions in recidivism for serious and violent crime
Rodriguez (2007) investigated the effectiveness of restorative justice in juvenile offenders in the USA, juveniles who participated in a restorative justice program were less likely to reoffend than those in a comparison group
Girls and offenders with minimal criminal history records exhibit the most success
The Smith Institute says that restorative justice can substantially reduce repeat offending and it its related costs for some offenders
Strict volunteer basis
Selection bias
Miers et al (2001) found that a significant proportion are sceptical about the offenders motives
Only agreeing to take part as they may get a reduced sentence
Found that some victims found that having direct contact with the offender to be an unsettling and intimidating experience
Ethical implications evaluation
May cause psychological harm
For the offender, it forces them to confront the harm that they have caused to others, may trigger depression, self harm or even suicide
For the victim, it may trigger flashbacks or PTSD
People who deliver the sessions are not necessarily experts in mental illness
Limited follow up for both the victim and offender
Harm may go unrecorded and untreated
Issue of free will
Process needs to be voluntary, offenders may feel forced into taking part
Reduced sentence
Victim may feel pressured into taking part even though they do not want to
Social implications evaluation
One of the key stakeholders is the community - Restorative justice can help heal the harm and benefit the community at large
Peace circles are used in the community where violence and crime levels are high
Aim to foster an environment of respect so that the community offers support to victims of crime and also welcomes the offender into the circle to enable mutual understanding
The UK restorative justice council claim that for every £1 spent on restorative justice, £8 is saved
Saves money by diverting people away from prosecution and by reducing reoffending
Diverting young offenders from community service to pre-court restorative justice would produce a lifetime saving of £275 million
Not treating the root cause of the crime
Nothing to solve unemployment, poverty
Could be seen to do more to get to the causes of crime than other traditional punishments
Blame for crime can be placed inside the criminal
