dealing with offending behaviour restorative justice Flashcards

1
Q

what is RJ

A

-focuses on the rehabilitation of offenders through reconciliation within victims.
-Offenders see the impact of their crime and the process empowers victims by giving them a “voice.”

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2
Q

what is the shift in emphasis

A
  • criminal offence is regarded as having committed a crime against the state.
    -changes the emphasis from the needs of the state to enforce the law and punish to the needs of the victim to come to terms with the crime and move on.
    -Victims play an active role in the process and offenders have a responsibility to face
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3
Q

whats the key aim of RJ

A

-has to be voluntary for all parties and seeks a positive outcome.
- respectful and not degrading for either offender or victim.

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4
Q

other aims of RJ?

A
  • opportunity to explain the impact of the crime (impact statements)
    -acknowledgement of the harm caused
    -chance to ask questions
    -Acceptance of responsibility
    -Active rather than passive involvement of both
    -positive outcomes for survivors and those Who have engaged in wrongdoing.
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5
Q

what is the restorative justice council

A

-establish clear standards for the use of restorative justice.
-They also support victims and specialist professionals in the field.
-preventing and managing conflict in many areas including schools, children’s services,, workplaces, hospital, communities and prisons.

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6
Q

what is the sentencing and restitiuion part of RJ

A

-may be alongside prison sentence or alternative to prison
-monetary payment from offender to survivor
-reflects psycholgical damage caused or actual physical damage e,g break in
-offender could offer to reapir damage themselves

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7
Q

how can RJ also be pay back in emotional way

A

-e.g support the healing process and restore vitims confidence and self esteem

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8
Q

strengths of approach

A

(needs of survivors)
-SHAPELAND= 85% of survviors reported satisfaction after meeting one to one w offender
-78% recommend to others
-60% said it brough closure and allowed them to move on
-2% said it made them feel worse

(decrease in recidivism)
-strang et al= meta analysed 10 studies between those who has rj and just custodial sentencing RJ significantly less likely to reoffend particualrly violent offenders
-BAIN found lpwer recidivism in adult offences who had 1 to 1 rather than community involvement

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9
Q

limitations

A

(counterpoint needs of suriviros)
-wood and suzuki RJ can become disotrted e.g survivors being ‘used’ as a way of rehab offender rather than being helped themselves (needs of survivor seen as very secondary)

(abusing the system)
-gijsegham (2023)- may use RJ for avoiding punishment , playing down their fault , take pride in their rs w survvior thru contact
(doesnt always benefit and they may still reoffend)

(domestic violence cases)
-liebman- argues main concern is that the power imbalance beyween abuse and abused pits pressure on survivors who may fear the worst to along w offender during mediaiton e.g ex partner
HOWEVER sen et al argues restorative approach are helpful in cases of intimate partner violence where couple choose to remain tg so they can adress harm and plan the future.

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