dealing with offending behaviour: restorative justice

Question 1

AO1: what is it?

Answer 1

a system of dealing with offending behaviour which focuses on the rehabilitation of offenders through reconciliation with survivors.

enables an offender to see the impact of their crime and serves to empower survivors by giving them a ‘voice’

switches the emphasis from the needs of the state to the needs of the victim

Question 2

AO1: key features

Answer 2

• trained mediator to supervise meeting
• non courtroom setting
• face to face or conducted remotely
• survivor is given opportunity to confront offender and explain how the incident effected them which allows the offender to comprehend the consequences of their offence
• active rather than passive involvement
• focus is on positive outcomes for both survivor and offender
• other community members may have a role in the process
• occurs pre-trial, alongside a prison sentence or after a prison sentence.

Question 3

AO3: strength- evidence suggests their are positive outcomes for survivor

however, other research contradicts this

Answer 3

P: evidence suggests their are positive outcomes for survivor
E: restorative justice council published results of a 7 year project
E: 85% of survivors reported satisfaction with the RJ process, 78% would recommend it to others in a similar situation, 60% said the process had made them feel better and gave them closure.
L: shows RJ achieved some of its aims, helping survivors of crime cope with the aftermath
HOWEVER, other research contradicts this. Researchers report that RJ practices are often not as survivor focused as surveys suggest. Instead survivors are ‘used’ in the RJ process as a way to help rehabilitate offenders, suggesting the needs of survivors are secondary to the needs of offenders.

Question 4

AO3: strength- RJ leads to a decrease in recidivism

Answer 4

P: RJ leads to a decrease in recidivism
E: meta analysis compared offenders who experienced face to face RJ and those who just experiences custodial sentencing.
E: found that the RJ groups were significantly less likely to reoffend
L: suggests RJ is more effective that alternative methods of dealing with offending behaviour
HOWEVER, need trained professional to do the RJ process, which is expensive

Question 5

AO3: limitation- offenders may abuse the system

Answer 5

P:offenders may abuse the system
E: success of RJ may hinge on offenders intentions, they need to be taking part because they regret the hurt caused
E: suggested that criminals use RJ to avoid punishment, play down their faults and to have direct contact with the survivor
L: explains why not all benefit form RJ and go on to reoffend

Question 6

AO3: limitation- debate about whether RJ works with all crimes

Answer 6

P: debate about whether RJ works with all crimes
E: some argue that in domestic violence cases the power imbalance between abuser and victim puts pressure on survivor, who may fear the worst if they don’t go along with their partner
E: however others argue pre trial mediation in DM cases produces positive results for survivors as they can address the harm caused and plan for the future
L: should take caution when looking at restorative justice for specific crimes