Forensics- Dealing W/ Offending Behaviour: Restorative Justice Flashcards
Restorative justice -
A system for dealing with criminal behaviour which focuses on the rehabilitation of offenders through reconciliation with victims. This enables the offender to see the impact of their crime and serves to empower victims by giving them a ‘voice’.
What are the basic principles of restorative justice, and how old is the concept?
The basic principles of restorative justice involve criminals “paying back” their victims in some form, a concept that is thousands of years old.
How does restorative justice change the emphasis from traditional criminal justice?
Restorative justice shifts the focus from the needs of the state (enforcing the law and punishing offenders) to the needs of the individual victim (helping them come to terms with the crime and move on). Victims are encouraged to take an active role, while offenders must take responsibility for their actions.
What is the restorative justice process according to John Braithwaite (2004)?
John Braithwaite describes restorative justice as a process of managed collaboration between offender and victim, based on healing and empowerment. It involves a supervised meeting with a trained mediator, where the victim explains how the crime affected them, and the offender sees the consequences of their actions.
What are the key features of restorative justice programmes?
Key features include:
- Focus on acceptance of responsibility and positive change, with less emphasis on punishment.
- Meetings occur outside courtrooms, with voluntary participation from survivors (not “victims”) and offenders, sometimes involving community members.
- Active involvement of all parties.
- Focus on positive outcomes for survivors and offenders.
What variations exist in restorative justice programmes?
Variations include financial restitution by the offender, repairing damaged property, or using restorative justice as an alternative to prison, an add-on to community service, or a way to reduce an existing sentence.
What is the role of the Restorative Justice Council (RJC)?
The RJC establishes standards for restorative justice, supports victims and professionals, and advocates for its use in schools, workplaces, hospitals, communities, and prisons.
What is one strength of restorative justice in terms of programme diversity?
Restorative justice is flexible and can be tailored to individual situations, unlike custodial sentencing, which adopts a “one size fits all” approach.
What is a potential weakness of restorative justice related to offender remorse?
The success of restorative justice may depend on the offender’s genuine remorse. Some offenders may participate to avoid prison or reduce their sentence, rather than to make amends.
What did Joanna Shapland et al. (2007) find about the cost-effectiveness of restorative justice?
Their research found that every £1 spent on restorative justice could save the criminal justice system £8 through reduced reoffending, though other estimates are more conservative
Why can restorative justice be expensive to implement?
It requires skilled mediators, who are costly and rare. High dropout rates due to participants losing nerve also reduce cost-effectiveness.
What is the feminist critique of restorative justice, particularly in domestic violence cases?
Feminist critics, like Women’s Aid, argue that restorative justice is unsuitable for domestic violence due to power imbalances between abuser and victim, and the risk of victim-blaming by the community.
Why might restorative justice be seen as a “soft option”?
Despite reducing recidivism and being cost-effective, restorative justice is often viewed as lenient compared to custodial sentencing, especially by politicians and the public who prefer a “tough on crime” approach.
Which aims of custodial sentencing might restorative justice not satisfy?
Restorative justice may not satisfy aims like retribution, deterrence, or public protection, as it focuses on healing and rehabilitation rather than punishment.
Can you think of any other types of offence where restorative justice would not be suitable?
Restorative justice may not be suitable for severe crimes like murder, sexual violence, or terrorism, where power imbalances or safety concerns could make the process inappropriate.
