FP - Dealing with offending behaviour: Restorative justice programmes Flashcards
Restorative justice
A method of reducing and atoning for offending behaviour through reconciliation between offender and victim, as well as the wider community.
What is the concept of restorative justice?
That offenders should in someway restore the situation to what it was before their crime was committed; in other words, they should put right in their wrong.
How does restorative justice seek to achieve justice?
By repairing the harm done by an offender rather than punishing them.
What does the process of restorative justice usually (but not always) involve?
Communication with the victim.
What 2 key aims of custodial sentencing does restorative justice have the potential to address?
Rehabilitation of offenders so they do not reoffend, and atonement for wrongdoing.
What are the aims of restorative justice?
- An opportunity to explain the impact of the crime (impact statements)
- An acknowledgement of the harm caused
- A chance to ask questions
- Acceptance of responsibility
- Active rather than passive involvement of both parties
Explain how restorative justice addresses rehabilitation of offenders
The victim has an opportunity to explain the real impact of the crime and this enables the offender to understand the effects on the victim. Offenders may learn to take the perspective of other, which reduced the possibility of reoffending.
In particular, the offender is encouraged to take responsibility for the crime and this should have an effect in their future behaviour. being punished is a passive process, but rehabilitative justice requires the criminal’s active participation.
Explain how restorative justice addresses atonement for wrongdoing (retribution)
Offenders may offer concrete compensation for the crime (money or doing unpaid community work). Most importantly the ‘atonement’ is psychological by simply showing their feelings of guilt. The offender can also show an understanding of the effects of their action. The victim has the opportunity to express their distress, and this provides the offender with a chance of developing empathy by taking the perspective of the victim.
What impact does restorative justice have from the victim’s perspective?
From the victim’s perspective this can reduce their sense of victimisation because they are no longer powerless and have a voice. Furthermore, a victim may develop a greater understanding of the offender by listening to their account which, in turn, reduces the victim’s sense of being harmed.
What is the key study for restorative justice?
Sherman & Strang (2007)
Explain Sherman & Strang’s (2007) study on restorative justice
Sherman & Strang’s (2007) meta-analysis concluded that in no way can RJ be more harmful than the traditional justice system. It is at least equally as effective as the traditional justice system in all cases. 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.
Who proposed a theoretical framework for restorative justice?
Ted Wachtel and Paul McCold (2003)
Explain Wachtel and McCold’s (2003) framework for the theory of restorative justice
Their starting point is that the focus should be on relationships rather than punishment. Crim harms people and their relationships, and justice requires that harm to be healed as much as possible.
Early models of RJ focused on the offender and victim only, but more recent ideas recognise the effect on the wider community. The involvement of 3 ‘stakeholders’ is necessary - the victim seeks reparation, the offender must take responsibility and the community aims to achieve reconciliation to maintain a healthy society.
If only 1 stakeholder is involved, the process is only partly restorative. If 2 stakeholders are involved then it is mostly restorative, Full restoration involves all 3 stakeholders.
What did early models of restorative justice focus on?
The offender and the victim only and not the wider community.
Where have peace circles been set up?
In many communities were violence and crime levels are high.
