Restorative Justice

Question 1

What is Restorative Justice?

Answer 1

• A method for dealing with offender behaviour which aims to prompt rehabilitation through reconciliation with the survivors
• It focuses on the recovery of both the offender and the survivor
• It enables the offender to experience the direct impact of their offence whilst simultaneously empowering the survivors by providing them with a voice

Question 2

What is Restorative Justice not focused on?

Answer 2

Retribution, but instead reparation

Question 3

What are 4 key features of Restorative Justice?

Answer 3

• A meeting between the offender and the survivor in a non-courtroom setting. This can be either face-to-face or remote
• A trained mediator supervises the conversation
• The survivor gives an impact statement and is provided with the opportunity to question the offender
• Other relevant people involved may be invited to explain the impact of their crime on them

Question 4

What are the focuses of Restorative Justice?

Answer 4

• Positive outcomes for both the offender and the survivor
• Active rather than passive engagement from both parties

Question 5

Is Restorative Justice mandatory?

Answer 5

No- it should be voluntary for both parties

Question 6

When may Restorative Justice occur?

Answer 6

• Pre-trial
• Alongside a prison sentence, perhaps an incentive to have a sentence reduced
• As an alternative to a prison sentence, especially if the offender is young

Question 7

Which body advises on Restorative Justice?

Answer 7

The Restorative Justice Council, which is an independent body

Question 8

What evidence supports the use of Restorative Justice?

Answer 8

• Sherman & Strang, who conducted a meta-analysis comparing 36 cases of restorative justice with conventional justice (e.g. prison)
• Found reductions in recidivism rates, especially in relation the violent and property crimes
• Found reductions in instances of PTSD in survivors
• Found greater overall satisfaction from both parties, with 85% reported it was a positive experience

Question 9

Why may Restorative Justice not always be appropriate? (3 Points)

Answer 9

• In the case of domestic or sexual crimes- with some feminists objecting to its use in cases of domestic violence- due to the issue of protection from harm for the survivor
• It requires active engagement from both parties, which some offenders may not be prepared to do
• Offenders may simply participate based on flawed motivations, such as a potential sentence reduction

Question 10

What are 2 positive economic implications of Restorative Justice?

Answer 10

• It reduces recidivism rates, and therefore the amount of money being allocated to tackling criminality
• It is cost-effective and can be achieved in just one session, unlike other methods (e.g. anger management)

Question 11

Why has Restorative Justice been praised?

Answer 11

For its acute focus on positive outcomes for both the survivor and the offender, whilst also empowering the offender and allowing them a voice, which few other methods do