Forensics - Restorative justice

Question 1

What does restorative justice involve?

Answer 1

Restorative justice involves an offender reconciling with the victim of their crime, so that they see the impact of what they have done (and that victims can be empowered).

Victims take an active role in this process, and offenders are encouraged to take responsibility for the effect of their crime.

This involves a managed programme of collaboration between offender and victim.

Supervised meetings are held with a mediator, where the victim can explain to the offender the effects of the crime on them and the emotional distress caused. This allows the offender to see the full consequences of their actions.

Question 2

What are the key features of restorative justice?

Answer 2

• Focus on acceptance of responsibility, rather than punishment
• Victims (usually referred to as ‘survivors’) and offenders meet outside of a courtroom setting
• Active, not passive, involvement of all parties
• Focus on positive outcomes for the survivor and offender

Sometimes, face-to-face meetings may not take place, but instead the offender may pay compensation to the survivor. The scheme can be varied to match the needs of the survivor and the offender.

‘Crime hurts, justice should heal’

Question 3

Evaluate restorative justice programmes - research

Answer 3

Sherman and Strang compared 36 studies of restorative justice with custodial sentencing.
They found reduction in recidivism for violent and property crimes and chance of PTSD in victims reduced – restorative justice may have more effective and positive for both the offender and the victim

Question 4

Evaluate restorative justice programmes - feminist

Answer 4

Women’s Aid have called for a ban on restorative justice in domestic violence cases, as this may result in power relationships being reinforced, and may reinforce victim-blaming approaches in communities.
Shows that restorative justice programmes are not applicable to range of crimes like custodial sentencing might be.

Question 5

Evaluate restorative justice programmes - flexible

Answer 5

Unlike custodial sentencing, restorative justice is flexible and can be changed to adapt to the needs of those involved, which is a strength of this method of dealing with offending behaviour.