Restorative Justice

Question 1

What is restorative justice?

Answer 1

a modern movement that seeks to bring the parties who are involved in a crime together.

Question 2

In what two ways can the victim and offender be brought together?

Answer 2

Directly = face to face
Indirect = video call, letter writing

Question 3

What is communication always facilitated by and what do they do?

Answer 3

A trained mediator or facilitator.
They support the victim, offender, and wider community by encouraging communication, promoting dialogue, and giving all parties an opportunity to state what the effects of the crime has had on them.

Question 4

What started to emerge in the 1970s/1980s?

Answer 4

The rights of victims within the CJS.

Question 5

What is the issue in the USA, Canada, Australia, and New Zealand?

Answer 5

People from first national communities are being given harsher sentences for prisons, which suggests that there is a deeply disproportionate way of dealing with offenders.
The conventional CJS relies on the use of fines to generate greater compliance = whilst this has benefits of deterring some people from committing crime, first nation communities are living in poverty. Therefore, the use of fines have limited use.
The use of fines tend to pull more people into the CJS and into prison.

Question 6

What does Stenning say about the state’s role?

Answer 6

the state’s role needs to be redefined to help institutions to relearn how to effectively solve the problem.

Question 7

What is Marshall’s (1999) definition of restorative justice?

Answer 7

“restorative justice is a process whereby parties with a stake in a specific offence collectively resolve how to deal with the aftermath of the offence and its implications for the future.”

Question 8

Restorative justice is voluntary, what else but it involve?

Answer 8

An independent agreement from the victim and offender.

Question 9

What could happen if the victim doesn’t understand what they are taking part in?

Answer 9

then they could be disappointed due to their expectations. This could cause fear, intimidation, and anger from the victim to the offender. The victim could respond in ways which are counterproductive to everyone involved.

Question 10

Why can restorative justice not be used in all cases?

Answer 10

Because not all victims and offenders will want to take part.

Question 11

What could it lead to if the offender doesn’t agree to take responsibility for their actions or plead not guilty?

Answer 11

it could lead to potential conflict/confrontation at the restorative encounter.

Question 12

What is there an opportunity for if the offender takes responsibility/pleads guilty and voluntarily takes part?

Answer 12

there is an opportunity for restorative justice to be effective.

Question 13

restorative justice is about forming resolutions, who does the offender try to make amends to?

Answer 13

victims, community, themselves, or a combination of all three.

Question 14

There must be lots of safety involved in the process of restorative justice, especially when…

Answer 14

where there are intimidated and anxious victims/witnesses are involved.

Question 15

confronting the offender about the wrongs and harms they have caused could be damaging for them, what else could this lead to?

Answer 15

it could lead to emotions, such as aggression, being displayed or acted upon.

Question 16

what it is important for the facilitator/mediator to do?

Answer 16

understand what the needs of the offender and victim are, and to find a suitable, safe, and neutral venue.

Question 17

A facilitator/mediator must determine whether other parties need to be involved in the process, what are these other parties called?

Answer 17

, it may be not suitable for a child to meet an adult, no matter if the child is the offender or victim, as they may be intimidated leading them to feel unsafe and needing a supporter. This could be their parent, for example. A victim may also need a supporter due to their emotional welfare because they feel insecure and unsafe in the community after the crime.
There can be power dynamics that work against the offender.

Question 18

What could be a positive step and something that should be considered for restorative justice in the future?

Answer 18

victims should be allowed some time to reflect on the offence, as their needs and effects the crime has had on them could change overtime.

Question 19

what does Marshall say restorative justice is intended to be and what does it highlight?

Answer 19

Restorative justice is intended to be an inclusive process and it highlights the importance of communication

Question 20

what does restorative justice emphasise?

Answer 20

a democratic process; a place where everyone gets the opportunity to speak.

Question 21

restorative justice provides opportunities for individuals to become empowered, what does this mean?

Answer 21

how the parties can move beyond the offence in the future, particularly those who have had significant impacts. There is a chance for the offender to make the situation better for the victim.
For example, a victim could be that effected that they are scared to leave or even live their home, they might avoid a particular area, or they have had to leave their job.

Question 22

restorative justice is an inclusive and equal process, what does this mean?

Answer 22

that it’s not just about the victim.

Question 23

restorative justice created collective resolving, what does this mean?

Answer 23

this means that the outcome is not decided by a judge or criminal justice actor.

Question 24

What is the Ministry of Justice for England and Wales definition of restorative justice, and what are the general principles that remain the same as Marshalls?

Answer 24

“process which bring those harmed by crime or conflict, and those responsible for harm, into communication enabling everyone affected to play a part in repairing the harm caused.” They believe a more concrete outcome is required (what is going to happen moving forward).
General principles remain the same as Marshalls = inclusivity, empowerment, democratic principle, and communication.

Question 25

what is Dignan and Marsh’s definition of restorative justice?

Answer 25

“an emphasis is placed on the offender’s personal accountability to those harmed by an offence, and the goal of putting right the harm that is caused by an offence.”

Question 26

how is there a heavy involvement of the CJS and state within restorative justice in England and Wales?

Answer 26

, the police who refer victims to restorative justice, the courts who utilise restorative justice as a way of diversion, or the police can engage in street level/police led restorative justice (dealing with minor disputes within the community in a rapid way – an instant involvement).

Question 27

why is it important for the community to be involved in restorative justice (what effect does crime have on communities)?

Answer 27

the ‘ripple’ effect of crime can lead the local communities to fear crime which could have happened to someone else, for example burglary.
Restorative justice can reduce the anxieties that a community could have, through hearing from the victim about their victimisation and why the offender chose to offend in the way that they did.

Question 28

what is the issue with the term ‘community’, which is clearly defined in restorative justice?

Answer 28

community can mean different things for different people and our involvement in the community can vary significantly = there could be a difference meaning of the community to the victim compared to the defendant.

Question 29

how can restorative justice allow for reintegrative values?

Answer 29

the offender is given an opportunity to reintegrate back into society.

Question 30

what is Victim-offender mediation (VOM), and how can it take place?

Answer 30

just victim, offender, and mediator.
Direct mediation (face to face meeting) is a much quicker way of doing restorative justice, and it can allow for many principles and the outcome being achieved quickly.
Indirect mediation (‘shuttle’ mediation or letter writing).

Question 31

what is conferencing, and how can it take place?

Answer 31

this tends to involve bigger numbers; there will be supporters for victims and offenders, victims, offenders, and communities may also take part.
There will be no tables involved here as they provide barriers, so there are just seats to provide direct communication.
Cannot be an indirect form of conferencing; always direct (face to face meeting).

Question 32

what happened in the late 1990s, and what acts and orders were introduced by the New Labour youth justice?

Answer 32

restorative justice was used for young people in order to divert them away from the CJS.
Youth Justice and Criminal Evidence Act 1999 = New Labour youth justice introduced the Reparation Order and the Action Plan Order, followed by the Referral Order for most first offenders convicted at court.

Question 33

what do the 2015 Code of Practice say about restorative justice?

Answer 33

that the police must tell all victims about restorative justice.

Question 34

What did the Coalition government push for and what did Joanna Shapland’s report find?

Answer 34

The conservation Coalition government pushed for an expansion of restorative justice; however, they did this with no investment.
Joanna Shapland’s report = this report found that the Coalition government did they because restorative justice would reduce offending.

Question 35

What did the Ministry of Justice say about restorative justice?

Answer 35

if we can reduce the reoffending of perpetrators, then offenders don’t need to keep being tried in court, and the police, prison services, and probation don’t need to be involved. Therefore, it can make significant cost savings.

Question 36

Restorative justice resulted from dissatisfaction with the traditional criminal justice response because the CJS was seen to…

Answer 36

ignore victims, be unsuitable for young offenders, ignore minority individuals, and be inflexible in terms of possible outcomes for offenders, victims, and the community.

Question 37

Why does Christie (1977) believe that the CJS has stolen conflicts from victims and offenders, and why do communities need a potential to solve conflicts?

Answer 37

The CJS has stolen conflicts from victims and offenders= CJS takes over responsibility from victims and offenders to resolve the conflict and introduces these formal sanctions.
Communities need a potential to solve conflicts = customary justice.
There is a need for victim-oriented courts.

Question 38

Why does Christie (1977) believe that the CJS is paternalistic?

Answer 38

it tries to protect victims and, therefore, it distributes justice on offenders.

Question 39

Christie (1977) states that it is lawyers, police, and the wider CJS who are engaging in the thefts of these conflicts, what does this mean?

Answer 39

by the CJS responding in the way that it does, conflicts are left unresolved; the victim and offender can never get full closure.

Question 40

What does Christie (1977) propose would be a better way of restorative justice?

Answer 40

Christie proposes a process whereby space is given to victims and offenders (such as in VOM and conferencing) where these disputes can be settled.

Question 41

What does Christie (1977) say that restorative justice cannot take the place of?

Answer 41

Restorative justice cannot take the place of trials = for example, if the offender does not admit the offence.

Question 42

What does Christie (1977) say that there is a danger of in relation to restorative justice?

Answer 42

There is a danger that restorative justice will re-professionalise as facilitators/mediators become more trained and professional.

Question 43

What does Zehr (1990) make the analogy of?

Answer 43

He makes the analogy of a photographer = we need a new lens on criminal justice.

Question 44

Zehr (1990) states that punishment in itself is ok, but what doesn’t it do?

Answer 44

it doesn’t do much to restore the relationships between the victim and offender.

Question 45

What does Zehr (1990) say there is a potential of if relationships are not repaired/restored properly?

Answer 45

there is a potential for the escalation of crime according to these long term conflicts.

Question 46

Zehr (1990) says that there must be a focus on victims’ needs and rights centrally, but what else do we need a greater understanding of?

Answer 46

we need a greater understanding of the context in which the offender commits their offences and the offender’s wounds need restoring.

Question 47

Zehr (1990) says that the offence must be understood in its full context, what are these contexts?

Answer 47

moral, economic, social, and political.

Question 48

What does Zehr (1990) argue about whether restorative justice is relevant?

Answer 48

Zehr argues whether restorative justice relevant if the victim and offender don’t know each other compared to if they do know each other or live in the same neighbourhood?

Question 49

Why does Braithwaite (1989) say that the CJS is problematic in the way that it delivers justice?

Answer 49

the offender gets labelled and excluded from society, and the victims don’t usually get a say in proceedings (if they do, it is usually after sentencing).

Question 50

Why does Braithwaite (1989) say that criminal justice is doubly punitive?

Answer 50

Because it causes pain to the offender through punishment, but it doesn’t recognise or support victims.

Question 51

Braithwaite (1989) says that we need to change the process of restorative justice to be more reintegrative, why is this?

Answer 51

rather than shaming people, excluding them from society, and labelling them, we need to see reconceptualisation.
The offender, as a person, should be distinguished from the self who committed the offence and if the offender apologises and takes responsibility, then they should be restored back into the community as a full member.

Question 52

What does Braithwaite (1989) say that reintegrative shaming requires in relation to victims?

Answer 52

restoring victims, such as through reparation and allowing victims to feel that justice has been done, rather than angry disempowered victims turning to crime, and empowering offenders to change their own lives, such as through providing social support and reuniting relevant communities.

Question 53

What is McCord’s view on offender reintegration compared to Shapland’s view?

Answer 53

Should offenders be reintegrated into ‘communities of care’ (McCord) or ‘micro-communities’ (Shapland).

Question 54

What is the difference between Christie’s (1977) view compared to Brathwaite’s (1989) view?

Answer 54

Christie = we need to open up the avenues of reintegrative shaming to be able to move past the offence.
Braithwaite = condemn the offence, but do not condemn the person to the extent that they can no longer be a part of society.

Question 55

Braithwaite (1989) says that we need to start restoring victims by giving them a say, but what else do we need to do according to him?

Answer 55

we need to start empowering offenders to take responsibility for their actions and to provide mechanisms for change in their lives.

Question 56

Evaluations have found that taking part in restorative justice benefits victims, how does it do this?

Answer 56

through giving them a voice to state the effect the offence has had on them, receiving an apology and ‘symbolic reparation’, and enabling closure.

Question 57

Evaluations have found that restorative justice can benefit offenders, how?

Answer 57

it enables more individualised outcomes than sentencing can, and allows them to change their offending patterns, whilst allowing them to apologise.

Question 58

Evaluations have found that restorative justice can reduce offending, but what is difficult to involve in this process?

Answer 58

it is difficult to involve local communities.

Question 59

What are the 5 benefits of restorative justice in relation to victims?

Answer 59

Shapland = high levels of victim satisfaction.

It empowers victims by giving them a voice = many victims feel that the criminal justice system does not give them a chance to get involved.
It puts victims at the heart of the justice process.

Reduces victims’ symptoms of post-traumatic stress.

Restorative justice can help victims of crime recover from the crime and give victims their sense of power back.

Restorative justice gives victims the chance to meet or communicate with their offender to explain the real impact of the crime = to ask the offender questions related to their offence.

Question 60

What are the 5 benefits of restorative justice in relation to offenders?

Answer 60

Restorative justice also helps to cut crime = research shows that it reduces reoffending by 14%.

Restorative justice encourages offenders to take responsibility, to account for what they have done and helps them to make amends.

The offender can express shame, regret, remorse, apology, reconciliation for their involvement in the harmful event(s).

Reintegration potentials are far higher = opportunities for support and reintegration can be facilitated between the offender, victim, and wider community.

Restorative justice gives offenders an opportunity to listen to the harms caused, to reflect on these, and to make amends = first-hand accounts.

Question 61

What are the 5 challenges in relation to restorative justice?

Answer 61

The state is loath to give up power = therefore, restorative justice isn’t typically used for more serious offences and adult offenders.

Austerity = cutbacks, and not rolling out new things. Less restorative justice is taking place due to not having enough resources.

Flexibility, communication, and voluntary participation are key = this doesn’t always work with criminal justice timetables.

A minority of victims do not find restorative justice helpful.

There are some offences where power imbalances are strong, such as domestic violence and sexual assaults, and where restorative justice may not be appropriate because the conditions for safe communication are not there.

Question 62

Saunders and Young believe that some definitions of restorative justice are quite contested, what is there definition?

Answer 62

it is about bringing people together to repair the harm between the victim and the offender. It is about healing for the community.

Question 63

what is the reintegration element?

Answer 63

if the offender has voluntarily participated in restorative justice and admits the guilt, then they should not carry the shame/stigma in the community because the matter has been dissolved. There shouldn’t be this ongoing stigma of the public shaming element, however, in reality, this doesn’t always happen.

Question 64

Restorative justice meetings can take place within the criminal justice system, how is this a positive and a negative?

Answer 64

offenders usually play well, show remorse to the victim, and accept responsibility for the crime, so that they can get an early release from prison. Prisoners may therefore play the system, so it may not work as well when the offender is sent to prison compared to an out of court disposal (OOCD).

Question 65

Restorative justice is not suitable for crimes where there are lots of trauma and emotion, how does the punitive model of justice relate to this?

Answer 65

there should be proportionate responses to different types of crimes. There should be a ladder of crime, and a corresponding ladder of punishments.

Question 66

What is a problem of restorative justice in relation to the public and judges?

Answer 66

both the public and judges do not think that anything other than prison is serious.