Restorative Justice Flashcards
Restorative justice
Offenders come face-to-face with the victims
Enables them to see the impact of their crime and empowered the survivors by giving them a voice
Offender paying back the victim
Switch of emphasis
From the needs of the state to the needs of the individual-aims to help the victim feel compensated and a healing process
Brafthwaite-“ crime hurts, justice should heal” less about retribution, more about reparation
Process
Trained mediator supervises- not in a courtroom setting-can be face-to-face or over video
Victim meets with a fender to explain how they’ve been affected -offender is able to see consequences
Focuses on positive outcomes of the victim and the offender
Ripple effect -family may want to explain
All parties get to say their bit
Sentencing and restitution
May occur pre-trial-could function alongside prison sentence or instead of.
Monetary payment from offended to victim -may involve offender repairing damaged property themselves
Strength-research support
Shapland- 7 year research project. 85% were satisfied. 78% would recommend it to others, 60% felt it had made them feel better, 2% said it made them feel worse
Strength-reduction in recidivism
Strange et al-meta analysis compared to restorative justice to custodial sentence
Restorative justice were less likely to re offend
Bain-review 24 studies and found lower reoffending rates
Limitations-not victim based
Wood and Masahiro-victim is used to rehabilitate offender rather than helping themselves
Limitation-abuse the system
Take part because they want to avoid punishment or play down their crimes
Explains why it doesn’t work for some and they go on to reoffend
Limitation-relies on remorse
Offender may not regret crimes and maybe become involved because of reduced sentence