FORENSIC PSYCHOLOGY - dealing with offending behaviour: Restorative justice

Question 1

Define restorative justice.

Answer 1

A system for dealing with offending behaviour which focuses on the rehabilitation of offenders through reconciliation with victims. = enables offender to see the impact of their crime.

Question 2

How does restorative justice change the emphasis?

Answer 2

Changes emphasis from the need of the state to enforce the law and punishment to the need of the victim to come to terms with the crime and move on.
Offenders have a responsibility to face up to what they have done.

Question 3

What are the key features of the program?

Answer 3

• trained mediator to supervise the meeting
• no courtroom settings = offenders voluntarily meet with the survivor
• face-to-face/ video
• Survivor allowed to confront the offender = offender understands the consequences of their actions
• Active involvement of all parties
• focuses on positive outcomes for survivors and offenders
• Community members may have a role in the process eg family and friends

Question 4

When can restorative justice occur?

Answer 4

Pre-trial, along with prison sentence, reduce the length of a sentence

Question 5

Restitution is seen as….

Answer 5

A monetary payment by an offender to survivor for the harm they have caused = offender makes financial restitution to survivor.

Question 6

What is the restorative justice Council?

Answer 6

An independent body whose role is to establish clear standards for using restorative justice and to support survivors and specialist professionals in the field.

Question 7

Give strengths of restorative justice.

Answer 7

+ Shapland et al (2008) = found 85% of survivors were satisfied, 78% recommended restorative justice, 60% felt it helped them move on = to achieve its aims of helping survivors of crime cope with the aftermath of the incident.

+ decrease in rates of recidivism = Strang et al (2013) = offenders who participated in FtF RJ were significantly less likely to reoffend than those who only received custodial sentencing. = restorative justice is effective.

+ Brain (2012) = direct contact between offenders and victims = reduced recidivism rates.

Question 8

Give limitations of restorative justice.

Answer 8

• Suzuki (2016) = argues that RJ often prioritises offender rehabilitation rather than survivor needs = needs of survivors is seen as secondary to the need to rehabilitate offenders
• ABUSING THE SYSTEM = Offenders may manipulate the process.
  Gijseghm (2003) = argues that some offenders use RJ to avoid harsher punishments, minimise their responsibility, to gain a sense of control over survivors = which explains why some offenders reoffend after RJ.