Restorative Justice Flashcards
What is a restorative justice scheme
Offender and victim interact to rebuild relationship
Uses different techniques such as face to face meetings with a facilitator, phone calls, letters financial reimbursement etc
What is the aim of restorative justice schemes
Improve experience for victim
Encourage offender to take responsibility
Switches emphasis from needs of the state to needs of the victim
Allows victim to take an active role
What is restorative justice based on
Healing and empowerment
How does normal restorative justice occur
Supervised meeting between 2 parties is organised(monitored by trained facilitator)
Victim is able to confront offender and explain how they’ve been affected
Offender is able to reply and see the consequences of their actions
What are the key features of the process of restorative justice
Focuses on acceptance of responsibility and positive changes for people who harm others rather than on punishment
Not restricted to courtrooms
Other relevant community members may also be involved(e.g. witnesses, family etc)
Active rather than passive involvement of all parties where possible
Focuses on positive outcomes for victim and offender
What is the Restorative Justice Council and what is their role
RJC is an independent body who establishes clear standards for the use of RJ
They aim to support victims and specialists involved in the RJ
What did researchers state the focus of RJ should be
Relationships instead of punishment
What did early models of RJ focus on
Focused on only the offender and victim
What do newer models of RJ focus on
Focuses on 3 stakeholders which are necessary for full restorative justice:
Victim
Offender
Community
What are the benefits of the RJ to the victim
Empowerment - They feel a sense of personal power in general and partially over the offender
Gives victim a greater voice in criminal justice system
Gives victim closure
What are the benefits of RJ to the offender
Opportunity to apologise and accept responsibility
Deeper understanding of the effects of their actions
What are the benefits of RJ to the community and economy
Opportunity to rebuild a sense of community and mutual accountability
Saves money - £8 in savings for ever £! spent on restorative justice as it prevents costs due to reoffending
Evaluate restorative justice
Real world application - Sherman and Strang - 20 face to face RJ studies across UK, USA and Australia all showed reduced reoffending rates(counter - studies used are all western - eastern cultures may focus on revenge)
RJ is easy to implement, flexible to individual situations and saves money - Shapland - Saves £8 for every £1 spent on restorative justice - RJ is both effective/cost effective (counter - Facilitators skill and community interaction can affect if RJ is effective
Feminist commentators believe RJ doesn’t work for all cases - E.g. domestic abuse as it doesn’t put both sides on equal power balance
Nomothetic approach - assumes all offenders will feel remorse and guilt over their actions