Dealing with Offender Behaviour: Restorative Justice Flashcards
How does restorative justice differ from traditional justice systems?
Restorative justice shifts the emphasis from the needs of the state (punishment) to the needs of the victim (healing and moving on)
What role does the victim play in restorative justice programs?
Victims are encourages to take and active role in the process to help them come to terms with the crime and move forward
What is required of the offender in restorative justice?
The offender must take responsibility and face up to the consequences of their actions
What did John Braithwaite (2004) say about restorative justice?
He stated, “Crime hurts, justice should heal”, highlighting the focus on healing and rehabilitation
What is restorative justice based on?
It is based on the principles of healing and empowerment, encouraging collaboration between the offender and victim
What happens during a restorative justice meeting?
A supervised meeting between the offender and victim takes place, attended by a trained mediator
What opportunity is given to the victim in restorative justice?
The victim can confront the offender and explain how the crime affected them emotionally and practically
How does restorative justice help the offender?
It allows the offender to see the consequences of their actions, including the emotional distress they cause, which is an important part of rehabilitation
What is the main focus of restorative justice programmes?
The focus is on acceptance of responsibility from the offender and positive change for the offender, rather than punishment
Where do restorative justice meetings take place?
They are not restricted to courtrooms and often occur in non - courtroom settings, where survivors and offenders voluntarily meet
Why is the term “victim” avoided in restorative justice?
The term “survivor” is preferred to emphasize empowerment rather than victimhood
What type of involvement is encourage in restorative justice?
Active involvement of all parties, rather than passive participation. Meaning neither parties can sit and be uninterested in the other
What is the ultimate goal of restorative justice?
To achieve positive outcomes for both survivors and offenders, promoting healing and rehabilitation
Not all restorative justice programmes involve face - to - face meetings.
How might an offender compensate a victim without meeting them?
They may offer financial restitution, reflecting either the psychological or physical damage caused (for example, repairing repairs after a break in)
How can restorative justice involve physical reparation?
The offender may repair damaged property themselves as part of taking responsibility for their actions
How can restorative justice be used within the criminal justice system?
It can function as:
1/ An alternative to prison (especially for young offenders)
2/ An add - on to community service
3/ An incentive for sentence reduction
What is the role of the Restorative Justice Council (RJC)?
The RJC is an independent body that establishes clear standards for the use of restorative justice and supports victims and specialist professional in the field
In which areas does the RJC advocate for restorative justice?
The RJC promotes restorative practice at schools, children’s services, workplaces, hospitals, communities, and prisons
What is a strength of restorative justice? (seven year project results)
> The Restorative Justice Council published results of a seven year project, which highlighted that 85% of survivors reported satisfaction with the process of meeting the offender face to face.
> Survivors went on to explain that the process had helped them to reach closure and move on.
> Only 2% claimed that the process did not help
What is a strength of restorative justice? (meta - analysis + rates of reoffending)
> A meta - analysis of 10 students by Strang et al found that offenders who had gone through restorative justice were less likely to reoffend compared to offenders who hadn’t participated in this programme
> This research suggests that restorative justice seems to lead to a decrease in rates of reoffending, recidivism
What is a limitation of restorative justice? (wrong intentions from offender)
> Offenders may abuse this system if they do not take part in it for genuine reasons.
> Restorative justice only works if the offender genuinely regrets the damage they have caused.
> However, some may agree to take part for reasons such as to avoid a long prison sentence.
> This may man that onto all offenders benefit from restorative justice and go onto reoffend
What is a limitation of restorative justice? ()
Critics have also criticised the restorative justice programme, stating the programme uses victims as a way of helping offenders rehabilitate, rather than prioritise the needs of survivors.
