Restorative Justice Flashcards
Restorative Justice Programmes
Restorative justice (RJ) programmes switch the emphasis from the need of the state (to enforce the law) to the needs of the survivor (to feel compensated in some way and come to terms with the crime).
Aims of RJ
RJ is less about ‘retribution’ - that is, punishing the offender.
More about ‘reparation’ - repairing the harm caused.
RJ seeks to focus on two things:
* The survivor (victim) of the crime and their recovery.
* The offender and their rehabilitation process.
Key Features of RJ
RJ programmes can be quite diverse but most share key features:
- Trained mediator supervises the meeting.
- Offender voluntarily meets with survivors.
- Face-to-face meeting or remotely via video link.
- Survivor explains how the incident affected them, so offender can understand effects.
- Focus on positive outcomes for both survivors and offenders.
- Other relevant community members may be involved and explain consequences (e.g. neighbours, friends, family members).
Sentencing
RJ may occur pre-trial and may affect sentencing.
It may be given as an alternative to prison (especially if the offender is young).
RJ could occur while in prison as an incentive to reduce the length of a sentence.
Restitution
Restitution is a monetary payment by the offender to the survivor for harm from the offence.
- Financial - offender pays.
- Practical - offender does repair themselves.
- Emotional - support healing process by helping to rebuild the survivor’s confidence.
The Restorative Justice Council
Restorative Justice Council (RJC) sets and monitors standards, and supports survivors and specialists in the field.
The RJC promotes the use of RJ principles as a general way to prevent and manage conflict e.g. in schools, workplaces and communities.
Strength of RJ
SUPPORTS NEED OF SURVIVORS
1) The Restorative Justice Council reported the results of a 7-year project. 85% of survivors said they were satisfied with the process - 78% would recommend it
–> This suggests that restorative justice is a worthwhile experience and helps survivors of crime cope with the aftermath of the incident.
Strength of RJ
DECREASES OFFENDING
In a meta-analysis Strang et al. (2013) found offenders who experienced RJ were less likely to reoffend - though reduction was larger in cases of violent crime than property crime.
–> This suggests that RJ has a positive impact on reoffending, maybe more so for some types of offence than others and some approaches.
Limitation of RJ
OFFENDERS MAY ABUSE THE SYSTEM
The success of RJ hinges on an offender genuinely feeling regret for their actions.
Researchers suggests that offenders
may use restorative justice to avoid punishment, play down their faults or even take pride in their relationship with the survivor.
–> This would explain why not all offenders ultimately benefit from restorative justice and go on to reoffend.
