Forensics: Restorative Justice

Question 1

What is restorative justice (Braithwaite)

Answer 1

• a system of dealing with criminal behaviour which focuses on the rehabilitation of offenders through reconciliation with victims.
• Offenders see the impact of their crime and the process empowers victims by giving them a “voice.”
• Braithwaite (2004) “crime hurts, justice should heal.”
• Early models focused on victim –> more recent focused on community.

Question 2

What happens during restorative justice

Answer 2

• A face to face encounter with statements from both sides.
• offender may give financial restitution to the victim for the damage caused.
• Or service within the community to reflect the nature of the crime.

Question 3

What are the aims of restorative justice

Answer 3

• Rehab of offenders
• atonement for wrongdoing
• victims perspective

Question 4

What is rehab for offenders

Answer 4

• Victim explains impact of the crime from their perspective.
• The criminal is encouraged to take responsibility for the offence.

Question 5

What is atonement for wrongdoing

Answer 5

• Offenders offers concrete compensation for the crime (money or unpaid community work).
• Offender has opportunity to show feelings of guilt and empathy.

Question 6

What is victim’s perspective

Answer 6

• Victim is no longer powerless but has a voice and can also listen to offender – reduces their sense of harm.

Question 7

(+) Explain how Sherman and Strang’s research supports restorative justice

Answer 7

• Sherman and Strang’s (2007) meta-analysis concluded that in no way can RJ be more harmful than the traditional justice system.
• In most cases (especially with more serious offences and with adult offenders) it is significantly more effective than the traditional justice system at lowering recidivism rates as well as lowering rates of post-traumatic stress disorder in the victims.

Question 8

(+) Explain how restorative justice is supported by research by Latimer, Dowden and Muse

Answer 8

• Restorative justice compares favourably with other forms of punishment.
• Reoffending rate is lower and both the victim and the offender report higher levels of satisfaction with the technique.

Question 9

List the evaluations for restorative justice

Answer 9

Positive:
- UK restorative justice council good results
- good compared to custodial sentencing
- diversity of programmes

Negative:
- Ethical issues
- Relies on the offender showing remorse

Question 10

(+) explain how restorative justice is supported by the UK restorative justice council results (Avon and Somerset)

Answer 10

• 85% satisfaction from victims in face-to-face meetings with offenders.
• Avon and Somerset reported a 93% satisfaction rate with violent crimes.

Question 11

(+) explain how restorative justice is good compared to custodial sentencing (Shapland)

Answer 11

• Avoids people engaging with other offenders.
• The restorative justice council - £8 is saved for every £1 spent on the restorative process (Shapland et al., 2007).

Question 12

(-) explain the ethical and practical issues with restorative justice

Answer 12

Ethical issues:
- Victim could feel worse after.
- Victim can gang up on offender.

Practical issues:
- The system will never be able to be applied to all offenders and victims.
- Based on victim and offender engaging – some may not want to.

Question 13

(+) explain the diversity of programmes offered by restorative justice.

Answer 13

• Degree of flexibility – wide range of possible applications.
• Schemes can be adapted and tailored to the needs of the individual situation.

Question 14

(-) explain how restorative justice relies on the offender showing remorse

Answer 14

• Success hinges upon the extent to which the offender feels remorse for their actions.
• Danger that some offenders will sign up just to avoid prison.
• Is there genuine willingness?