restorative justice Flashcards
what is it
-processes by which offender n victim may find closure n reconcilliation beyond restrictyions of prison regimes
-its rehabilitive in aim n intent rather than punitive as victim speaks of affects of crime n may enlighten criminal
-victim=active role n controls narrative so not feel victimised
-it can be face to face or via letters
-offender may make amends-eg if a theif they may pay for stolen things
-imporant its active rather then passive involvement of all parties in process wherever possible
-its important as research suggests theres a link between recidivism n external locus of control where they r more likely to blame external causes for their actions rather than internal decisions= trammel 2002
rj techniques
-face to face meetings:
-mediation: involves meeting between offender n victim but theyre accompained by trained mediator. the job of mediator is to help manage their discussuions n offer support
-indirect mediation: the offender n victim dont meet face to face but their communication is passed to each other via a mediator
key elements
-relationship: repair damage w victim n society. so should feel accountable for actions so relatives/victims can be healed
-respect: all ppts show respect n active listening n understand each prespective
-responsibility: take it even if harm inflicted was unintentional
-repair: offender try to repair damage+victim banish thoughts of revenge n punishment
-reintegration: offender become part of community n accepted by them w emphaise on positive active outcomes
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supporting evidence
-meta analysis by latimer et al 2005- rjp result in ^ victim n offender n society satisfcation + decrease rates of recidivism compared to traditional responses
eg custodial sentencing n probabtion
-bain 2012 reviewed 24 studies n found lowered recidivism rates w adult offenders especially when using 1 to 1 contact rather than general community involvement
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methodolgical concerns
-its voluntary so self selection bias for ppts who want to change (latimer 2005) but those ppl r less likely to reoffend anyways
-so makes it less difficult to say if it acc causes lower cost rates of recidivism or if its correlated
-similarly some may abuse the system gijseghem 2003 suggests offenders may use restorative justice for all kinds of reasons: avoid punishment, play down their faults, even taking pride in relationship w survivor using direct contact
=explain why not all offenders ultimately benefit form rj n go on to reoffend
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limited application
-voluntary part of rjp means its application is limited.
-eg rjp cannot wokr if either victim/offender doesnt consent to take part
-similarly if offender doesnt take responsibility for actions=not an option = limits potential application for it
-also not supported to be used for all crimes such as domestic abuse: liebman 2016 argues the main concern is the power imbalance between abuser n abused puts pressure on survivors who fear the worst if they dont go along w theeir ex/partner during mediation
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improved victim mental health
-Victims’ mental health improved after they had voiced their emotions and to expressed the impact that the crime had had on their lives Sherman and Strang (2007)
-BUT, may cause trauma n give offender another chance to assert dominance n power over victim eg domestic abuse crimes
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require both parties to be committed to approach
-eg miers et al 2001 found most offender victim meetings were recieved favourably but some victimes felt unsure the offender was taking part for teh right reasons.
-on the other hand, other researchers argue overall feedback is positive in comparison to other forms of punishment (latimer 2012) this is important bc it shows the importance of being committed to programme n feeling positive about it
