Forensics: Restorative Justice Ao1 Flashcards
What is restorative justice
a system of dealing with criminal behaviour which focusses on the rehabilitation of offenders through reconciliation within victims.
Offenders see the impact of their crime and the process empowers victims by giving them a “voice.”
A face to face encounter with statements from both sides
Service
What comes from restorative justice
A face to face encounter with statements from both sides
Service within the community to reflect the nature of the crime
Offender
Offender may give financial restitution to the victim for the damage caused
Service within the community to reflect the nature of the crime
Offender may give financial restitution to the victim for the damage caused
Work in schools, workplaces and hospitals to help manage conflict between people.
Restorative justice must be ______ for all parties and _______ and not ________
Must be voluntary, respectful and not degrading for all parties
What regulates restorative justice and what does it focus on
RJC - restorative justice programme
The focus ison positive sures for serious and offenders, and on
acceptance of responsibility and positive change for offenders.
Aims of rj
1) Offenders: to aid rehabilitation, reducing the likelihood of reoffending.
2 Victims: to aid the process of healing, allowing them to overcome the trauma inflicted by the offender.
3) The community: to create a safer community with less crime, and to heal the damage caused by the offender.
Key features of the process
Focus on acceptance of responsibility and positive change who harm others (less emphasis on punishment)
Not restricted to courtrooms, survivors and other members of the community may have a role
Active rather than passive involvement
Variations of the process
Don’t all involve face to face encounters between the victim and the offender
Offender could make financial restitution to the victim to reflect the physical/ psychological damage done
Offender could repair the damage themselves (property)
It’s a flexible system and can be an alternative to prison, an add on to community service or an incentive to receive a reduced sentence
Rj wouldn’t be suitable for
Any form of child abuse
Rape - any sexual crimes
Domestic violence
Diversity of programmes
Flexible unlike other programmes can be applied to woke variety of cases and there are different methods eg paying for something
Applied in schools and hospitals
Adapted and Tailored to individual needs
Relies of offender showing remorse
Hinges on the extent offender feels remorse
• Drug offenders might sign up to it to avoid going to prison or reduced sentence rather then actually feeling remorse
• Victim may have their own motive- seek revenge
• It may not always lead to the positive outcome it seeks
Expensive
Every £1.00 spent on RJ would save the criminal justice system £8.00
through reduced offending…..but….
You need specialist trained mediators who are expensive
High dropout rates as the offender/ victim might lose their nerve
In practice it might not be the most cost-effective method
Soft option
Doesn’t really have public support
Seen as being a soft option
Echoed by politicians as they like to be seen as tough on crime
Feminist critique
Organisation “Women’s Aid” have called for legislative ban on the use of RJ in domestic violence cases
This is because of the imbalance of power between the abuser and the abused
Also the fact that the wider community who should be offering support blames the victim