Lesson 12 - Restorative Justice

Question 1

What quote did John Braithwaire (2004) come up with?

Answer 1

‘Crime hurts, justice should heal’

Question 2

What is the aim of Restorative Justice programmes?

Answer 2

Restorative Justice programmes aim to switch the emphasis from the needs of the state (to enforce the law and punish criminals), to the needs of the victim (to come to terms with the crime committed against them so that they can move on with their lives)

Question 3

How does Restorative Justice work?

Answer 3

Restorative Justice is a process of managed collaboration between the offender and the victim based on the principles of healing and empowerment where a trained mediator facilitates a meeting between the offender and victim.

Question 4

What happens to the victim in Restorative Justice? (3)

Answer 4

The victim is given the opportunity to confront the offender.
The victim can explain how the crime has affected them.
The victim gets to play an active role in the punishment of the offender.

Question 5

What happens to the offender in Restorative Justice? (2)

Answer 5

The offender is confronted with the consequences of their actions, including emotional distress caused to victims.
The offender is required to take responsibility for their actions and face up to what they have done.

Question 6

What are key features of Restorative Justice programmes? (4)

Answer 6

• Focuses on the acceptance of responsibility and positive change for the offender (less emphasis on their punishment).
• Not restricted to a courtroom, which is seen as more empowering for victims, where the offender and victim both meet face-to-face in a non-courtroom setting.
• Active involvement rather than a passive involvement for both the offender and the victim.
• Focuses on positive outcomes for both survivors and offenders.

Question 7

What are some variations/other forms of Restorative Justice? (3)

Answer 7

• Offenders can make a financial restitution for the physical and emotional damage they have done.
• Offenders can sometimes repair damage to properties themselves.
• Restorative Justice can serve as an alternative to custodial sentencing, particularly for those who are young, as an additional community service or even as an incentive to reduce an existing custodial sentencing.

Question 8

What is an advantage of Restorative Justice?

Answer 8

+ Shapland et al. (2007) conducted a government funded research project and found that every £1 spent on Restorative Justice programmes would save the criminal justice system £8 by reducing recidivism.
- However, because restorative justice programmes require highly trained professional, it is very expensive and finding funding has been proved difficult.

Question 9

What are 4 disadvantages of Restorative Justice?

Answer 9

• The success of Restorative Justice programmes relies on the offender showing remorse. Sometimes, offenders opt for restorative justice programmes to avoid prison or reduced their custodial sentencing, instead of having a genuine willingness to change. This explains why there are such high dropout rates as offenders were not committed to the process in the first place.
• Victims may have an ulterior motive when entering the restorative justice programme. For example, some may just be seeking revenge.
• The organisation ‘Women’s Aid’ has called for an end to the use of restorative justice programmes in domestic abuse cases because the offender can exploit this opportunity to persuade the victim of their remorse so that they will take them back due to the power that they have over them.
• Restorative justice is unpopular with the general public because it is regarded as a ‘soft option’. This means that politicians are unwilling to support restorative justice programmes as they want to please the electorate by seeming ‘tough on crime’.