dealing with offending behaviour: restorative justice Flashcards
what is the aim of restorative justice
a system of dealing with offending behaviour which focuses on the rehabiliation of offenders through reconcilliation within victims. Offenders can see the impact of their crime, and in turn the process empowers victims by giving them a voice
what are the two things resorative justice seeks to focus on
- the victim of the crime and their recovery
- the offender and their rehabillitation process
what are the key features of the programme
-offender and victim voluntarily meet
-trained mediator supervises the meeting.
-victim is given the oportunity to explain the impact the crime has had on them - in turn this enables the offender to comprehend the consequences of their actions.
-emphasis on active involvment from all parties and seeks a positive outcome that leads to an internalised change within the offender.
when may restorative justice occur
-may occur pre-trial
-function along side a prison sentence
-alternative to prison
-incentive to reduce length of sentence
what is restitution
payment by an offender to. the survivor for the harm caused as a result of the offence.
This may be in money which reflects physical damage or the psychological damage caused
or could involve the offender repairing damaged property themselves.
what is the restorative justice council
regulating body that ensures high standards of delivery of the system.
what may be discussed and why during a restorative justice session
victim explains harm caused - this leads to an emotive response from the offender, acknowledgement and hopefully leading to change and action
chance to ask questions - gives victim a voice and may provide closure
offender accepts responsibility - decreases minimilisation
this session aims to result in a dispositional change, where the offender internalises the consequences of their actions.
outline a study that demonstrates the efficacy of restorative justice (AO3)
Sherman and Strang compared 36 studies of restorative justice with conventional justice eg. prison.
found reduction in recidivism rates, all parties reported greater satisfaction with overall process compared to conventional justice.
for victims incidents of PTSD disorder were significantly reduced.
what can be concluded from sherman and strang’s meta analysis (AO3)
restorative justice can not be more harmful than traditional justice system methods. It is at least as equally effective in all cases and is also effective in lowering recidivism rates and cases of PTSD in victims.
what is a benefit of restorative justice to the wider communtiy and economy (AO3)
restorative justice saves money - £8 in savings to the criminal justice system for every £1 spent on restorative justice.
restorative justice reduces the frequency of reoffending so community is safer
shows community that offenders are making up for actions so gives sense of retribution.
(AO3) what did the minsitry of justice find in their meta analysis of restorative justice
65% of offenders happy they took part
14% reduction in recidivism rates
cost effective - £8 saved for every £1 spent on RJ.
(AO3) although RJ is cost-effective, there still may be practical barriers that limit efficacy. What are these pratical barriers
offender motivation and sincerity is needed to ensure the session leads to an internalised change. Restorative justice has been criticsed for being a soft option - in that it doesn’t sufficiently punish criminals for their crimes. This may be the case when restorative justice is available as an option instead of a lengthy sentance. As a result it may be that the criminal is only participating to get out of sentancing and not to genuinally take accountability for their actions.
what are some methodological problems that may affect recidivism rates and overall conclusions drawn about efficacy? (AO3)
Restorative justice programs are voluntary, so there will always be a self-selection bias for participants who are motivated to change their ways. In other words, the kinds of offenders who volunteer for restorative justice programs may be less likely to reoffend anyway. This makes it difficult to say whether restorative justice programs actually cause lower rates of recidivism, or whether they are just correlated.
