Modifying behaviour- restorative justice Flashcards
What is restorative justice?
Developed as an alternative to traditional methods of punishment
Can be used as a substitute for traditional punishment e.g. custodial sentencing or as part or alongside
Key components of restorative justice?
-Communicate with there victims
-Focus on rehabilitation of offenders through reconciliation with victims, is more active
-Empowers victims gibing them a voice
-Allows offenders to accept responsibility
-Not restricted to courtrooms
-Focuses on positive outcomes for survivors
2 aims of restorative justice?
-Rehabilitation of offenders
-Atonement for wrongdoing (retribution)
Aims- rehabilitation of offenders?
-Re encouragement the criminal to accept responsibility for there actions
-Their aim is when offenders fully understand how their actions have a chance to develop empathy and ability to take perspective of victims
-This means reduction in reoffenders
Aims- Atonement of wrongdoing?
Psychological atonement
Physical atonement
Atonement of wrongdoing- Psychological atonement?
Offenders showing guilt and remorse
Atonement of wrongdoing-
Physical atonement?
Compensation (money, community, work etc)
Wachtel and Mccold- who is involved?
Starting point should be on relationship rather than punishment.
Crime harms people and therefore justice required there harm to be healed as much as possible
-Early models focused on just offenders and victims only, recent ideas to suggest theirs are 3 stake holders
Is restorative justice flexible?
Yes
Can be letters, phone calls, financial restitution for psychological or physical harm (break ins), offenders repairing damaged and can work as an alternative to custodial sentencing, an add on to community service or incentive to have a reduced custodial sentenced
Evaluation- victim perspective evidence?
Sherman and Strang
Restorative Justice Council
Evaluation- victim perspective Sherman and Strang?
Previously randomised control trials of restorative justice the US, UK and Australia and found that compared to conventional method of justice, victims of crime were less likely to develop PTSD and less likely to seek revenge
Higher rate of victim satisfaction
Evaluation- victim perspective Justice Council?
85% satisfaction from, victis in face to face meetings with offenders
Evaluation- victim perspective counter argument evidence?
Significant proportion are sceptical about offenders motives are they only agreeing to get a reduced sentence
-Victims who have direct contact with the offender to be an unsettling experience
Evaluation- Recidivism evidence?
Sherman and Strang
Evaluation- Recidivism sherman and strang?
Adult offenders, restorative justice was more effective than a prison sentence for reducing recidivism
For young offenders, it was equally as effective as a prison sentence
Evaluation- Recidivism counter argument evidence?
Restorative justice council
Evaluation- Recidivism Restorative justice council?
Recidivism rates is still 37%
Evaluation- Not applicable to all offenders?
Weakness
Sexual offences, hate crime and domestic violence
Evaluation- ethics psychological harm to offender?
Prisoners more likely to suffer mental illness, forcing the to confront harm they have caused may trigger depression, self harm and suicide
Evaluation- ethics psychological harm to victim?
If crimes traumatic being face to face with the offender may tiggers flashbacks or symptoms of PTSD for the victim
Evaluation- ethics professionals?
RJ delivered by training restorative justice practitioners they are not necessarily experts in mental health
Limited follow up for both victims or offenders so if its caused by the restorative justice process, harm may go unrecorded so long term neg effects
Evaluation- ethics psychological harm to offender?
Process needs to be voluntary, offenders in particular may feel forced into taking part if they are offered a reduced sentenced
Evaluation- ethics psychological harm to victims?
If victim knows that the person who committed a crime against them to initiated restorative justice the victim may feel pressured into taking part even through they would rather not
Social implications to wider society?
-Crime harms not only the victim, but the victim family and social service
-Offenders family may be harmed
-Restorative justice can help heal these harms
-Community’s large , not the offender and the victim
Evaluation- what are peace circles’?
Healing the harm to relationship that results from wrong and conflict and holding respectful conversations that separate the person from the problem
Evaluation- financial implication sharpland et al?
Every £1 spent on restorative justice would save the criminal justice system £8 through reduced levels of recidivism
RJ can be paid for using fines paid by criminals
Evaluation- financial implication?
-Skilled and experience individual to act as a mediator is required, practical issue
-High drop out rates is RJ cost effective
