Lesson 12: Restorative justice

Question 1

What is restorative justice?

Answer 1

• It is a process of managed collaboration between the offender and the victim based on the principles of healing and empowerment.
• It involves a trained mediator who facilitates a meeting between the offender and the victim. the victim is given the opportunity to confront the offender and explain how the crime has affected them.
• The offender is confronted with the consequences of their actions, including the emotional distress they have caused.
• Most programmes share the same key features:
• Focus on acceptance of responsibility and positive change (less emphasis on punishment)
• Not restricted to courtrooms, victims referred to as ‘survivors’
• Active rather than passive involvement of all parties in the process
• Focus on positive outcomes for survivors and offenders

Question 2

Strengths of restorative justice

Answer 2

It is economical and saves money, compared to custodial sentencing, as prisoners may be expensive to take care of

It also results in a deeper appreciation for the survivors feelings and the offenders’ own actions. This can lead to further self reflection and ultimately less recidivism

Question 3

Weaknesses of restorative justice

Answer 3

• Relies on the offender showing remorse
• The survivors may simply want to seek revenge
• In domestic abuse cases, manipulation can take place where the offender tries to convince the survivor to take them back
• Restorative justice is unpopular with the general public and can be seen as an easier way out of a soft option compared to jail time