Restorative justice

Question 1

Restorative justice

Answer 1

Involves an offender either paying the victim reparation money, or communication between the offender and victim.
The offender may write to the victim, but usually the two parties communicate verbally.
These meetings are always in the presence of a trained facilitator.
Focuses on relationships rather than punishment.
Aims to heal the relationship between offender and victim and between offender and society.
In recent models, the community is involved and plays a part through the creation of social services for offenders and their families and by finding ways to allow them to re-integrate into society.

Question 2

Aims of restorative justice - rehabilitation of offenders

Answer 2

The victim has an opportunity to explain the real impact of the crime and this enables the offender to understand the effects on the victim.
Offenders may learn to take the perspective of others, which reduces the possibility of reoffending.
The offender is encouraged to take responsibility for the crime and this is hope to have an effect on their future behaviour.
Being punished is a passive process but rehabilitative justice requires the criminal’s active participation which may therefore change their attitudes toward crime.

Question 3

Aims of restorative justice - atonement for wrongdoing

Answer 3

Offender may offer concrete compensation for the crime (money or doing unpaid community work).

Question 4

Victim’s perspective

Answer 4

Restorative justice can reduce their sense of victimisation.
They are no longer powerless and have a voice.
A victim may develop a greater understanding of the offender by listening to their account which, in turn, reduces the victim’s sense of being harmed.

Question 5

Wachtel and McCold (2003)

Answer 5

Proposes a theoretical perspective.
Their starting point is that focus should be on relationships rather than punishment.
Crime harms people and their relationships, and justice requires that harm to be healed as much as possible.

Question 6

The UK restorative justice council (2015)

Answer 6

Reports 85% satisfaction from victims in face-to-face meetings with their offenders.
These reports of victim satisfaction covered a large range of different crimes from theft to violent crime.

Question 7

Avon and Somerset

Answer 7

Reported 92.5% victim satisfaction when victims had been the subject of a violent crime.

Question 8

Dignan (2005)

Answer 8

Victims claim a greater satisfaction than when cases go through mainstream courts.

Question 9

Selecting which offenders and which victims

Answer 9

The system will never be able to apply to all offenders and all victims.
An offender who has admitted the crime is needed.
Some kinds of crime may not be suitable.

Question 10

Psychological harm - example

Answer 10

The victim may feel that the criminal showed no empathy for the harm caused and feel “injured” for a second time, leading to a loss of self-esteem.
The victim may feel taken advantage of if the criminal was offered restorative justice as opposed to a custodial sentence.

Question 11

Abuses of power

Answer 11

Making people face up to their wrongdoing can lead to abuses of power.

Question 12

Abuses of power - example

Answer 12

Victims can gang up on an offender.
Victims may also try to shame the offender which is not the intention of the process.
The process is intended to provide mutual benefits for both the victim and offender.

Question 13

Zehr (2002)

Answer 13

A reason for restorative justice is that the traditional penal system did not address the needs of victims or promote offender accountability.

Question 14

UK restorative justice council

Answer 14

Reduced reoffending means that £8 is saved for every £1 spent on the restorative process.
Examples:
Reduced custodial costs, court costs, police time etc.