forensics: dealing with offending behaviour- restorative justice

Question 1

define restorative justice

Answer 1

different way of dealing with offending behaviour where survivor and offender meet face to face to provide reparation for the harm done, often given alongside punishment

Question 2

what does restitution mean?

Answer 2

to make up for a loss, injury or damage that has been caused

Question 3

how does RJ change the emphasis?

Answer 3

from the state to the survivor and how they can be compensated in some way to help them overcome the crime, moves retribution to reparation

Question 4

when in sentencing journey would RJ be administered?

Answer 4

can occur at any point, or alongside other mandates

Question 5

who is the independent body for RJ?

Answer 5

The Restorative Justice Council (RJC)

Question 6

outline the 5 key elements of most RJ programmes

Answer 6

1. two parties meet face - face
2. done outside of courtroom / custody
3. offender hears impact of crime on survivor from their perspective and sees consequences of actions
4. focus = offender taking responsibility for actions + rehabilitation rather than punishment
5. other relevant members of community present as social support for survivor

Question 7

how do the survivors receive restitution through RJ?

Answer 7

may receive financial restitution- survivor receives monetary payment to reflect psychological damage or physical damage

may go fix property themselves

restitution through community service

emotional restitution- offender supports healing process by helping to repair confidence/ self-esteem

Question 8

ao3: what supporting evidence does it have for both the survivor and the offender? why is this a strength?

Answer 8

Shapland (2008) conducted 7 year research project, found 85% survivors reported positive experience and 60% felt it had helped them get closure and move on, 2% reported it made them feel worse

Question 9

ao3: why might RJ be unpopular in the public?

Answer 9

government agreed to be ‘tough on crime’ which gained widespread popularity, public might see this as ‘letting off’ offenders

Question 10

ao3: why is RJ expensive to run, how is this a limitation?

Answer 10

requires presence of highly skilled trained mediator and has high levels of attrition

Question 11

ao3: how might RJ open up the survivor to further abuse?

Answer 11

relies on honourable intentions due to remorse, Van Gijseghem (2003) suggested offenders could be using it to avoid prison, relive crime and gain status, they may not even accept guilty verdict. this could cause the survivor futher harm