Restorative Justice Flashcards
What does RJ switch the emphasis from?
The needs of the state to needs of the V.
What does RJ seek to be?
A heating process.
What did Braithwaite say?
Crime hurts and justice should heal.
What RJ less about?
Retribution.
What two things does RJ focus on?
Victim of crime and their recovery and offender and their recovery/ rehabilitation.
What are the key features of RJ?
- Trained mediator supervises.
- Non-courtroom setting - offenders can meet with V voluntarily.
- Face-to-face or remote e.g. video link.
- Survivor can confront O to understand how incident affected them - let’s O comprehend the consequences of their actions.
- Active involvement rather than passive when possible.
- Focus on positive outcomes for both.
- Other community meets may have a role in the process and may allow ish to explain the effects of crime.
When might RJ occur?
Pre-trial.
What could RJ function alongside of?
A prison sentence or as an alternative or an incentive to reduce sentencing.
What can RJ also be used to do?
Pay monetary payment for harm - O make make some financial restitution which may reflect psychological damage/ physical damage.
What is another variation of RJ?
Repairing damaged property.
Why might RJ be more emotional?
O can support healing processes by repairing and rebuilding survivors confidence/ self-esteem.
What is the restorative justice council?
An independent body which aims to establish clear standards for the use of RJ and support survivors and specialist professionals in the field.
What does RJ advocate?
The use beyond dealing with crimes e.g. preventing and managing conflicts in schools, children services, workplace, hospitals and communities.
Evaluation: positive outcome
RJC reported results of a major 7 year research project showing 85% of survivors reported satisfaction with the process and 78% would recommend it to others experiencing a similar situation. Suggests RJ achieves some of its aims helping survivors cope with the aftermath.
Evaluation: Some negative research
Wood and Suzuki argued RJ isn’t survivor focused as often as reported in satisfaction surveys. Researchers say RJ can become distorted e.g. when survivors of crime are used as a way of helping rehabilitate offenders rather than being helped themselves which suggests the needs of the survivor in RJ may be seen as secondary to the needs to rehabilitate O.
Evaluation: Recidivism
Strang et al’s meta-analysis found the RJ group to be significantly less likely to offend. Bain also published a review of 24 studies and found lowered recidivism rates with adult offenders especially when using one-to-one conduct rather than general community involvement which suggests RJ has positive impacts on reoffending and maybe more so for some types of offences than others.
Evaluation: offenders may abuse the system
Van Gijseghem suggests offenders may use RJ for al kinds of reasons such as avoiding punishment, playing down their faults and even taking pride in their relationship. This would explain why not all offenders ultimately benefit from RJ and go on to reoffend.
