Restorative justice Flashcards
What does restorative justice usually involve?
Communication with the victim.
An offender may simple give a payment as reparation (no communication).
Or an offender may write a letter to victim or there may be an interaction between offender and victim through video conferencing or a face-to-face meeting.
If the offender and victim interact with one another what is required?
An impartial facilitator to be present.
When are offenders offered restorative justice?
As an alternative to a prison sentence, if the victim has agreed.
Restorative justice has the potential to address to key aims of custodial sentencing. What are these aims?
Rehabilitation of offenders to reduce reoffending.
Atonement for wrongdoing.
What does the victim have the opportunity to do during restorative justice? What does this enable the offender to do?
Victim has the opportunity to explain the real impact of the crime.
This enables the offender to understand the effects of the victim.
As a result, the offender may learn to take the perspectives of others, reducing the possibility of reoffending.
The offender is encouraged to take responsibility for their crime. Why is this?
It’s hoped to have an effect on their behaviour.
Being punished is a passive process but rehabilitative justice requires the criminal’s active participation which may therefore change their attitudes towards crime and their behaviour.
What does atonement for wrongdoing involve?
Offenders may offer concrete compensation for the crime (money or doing unpaid community work).
The atonement is psychological by simply showing their feelings of guilt.
The victim has the opportunity to express their distress. What does this provide the offender with a chance to do?
Develop empathy.
From the victim’s perspective, what are the benefits of restorative justice?
Restorative justice can reduce their sense of victimisation because they are no longer powerless and have a voice.
A victim may also develop a greater understanding of the offender by listening to their account which, in turn, reduces the victim’s sense of being harmed.
What is the starting point of Wachtel and McCold’s theoretical framework?
The 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.
Early models of restorative justice focused on the offender and victim only. What does Wachtel and McCold’s framework recognise?
The effect on the wider community.
The involvement of three “stakeholders” is necessary for successful restorative justice - the victim seeks reparation, the offender must take responsibility and the community aims to achieve reconciliation to maintain a healthy society.
What did the UK Restorative Justice Council report?
85% satisfaction from victims in face-to-face meetings with their offender.
These reports of victim satisfaction covered a range of different crimes from theft to violent crime.
What did Avon and Somerset police report?
92.% victim satisfaction when victims had been the subject of violent crime.
What did Sherman and Strang review?
20 studies of face-to-face meetings between offender and victim in the US, UK and Australia.
Some victims may decline the offer to participate in restorative justice. What does this mean?
Restorative justice can’t be a global solution to dealing with offending behaviour.
From the offender’s perspective, what is a potential ethical issue with restorative justice?
Making people face up to their wrongdoing can lead to abuses of power.
Victims can gang up on an offender especially where the offender is a child.
Victims may try to shame the offender.
What did Sherman and Strang find?
All studies showed reduced reoffending and none were linked to high reoffending.
What did the UK Restorative Justice Council claim according to finances?
Reduced reoffending means that £8 is saved for every £1 spent on the restorative process (e.g. reduced custodial costs, police time etc).
What’s an ethical concern for the victim in restorative justice?
They may feel worse afterwards - psychological harm.
The victim may feel the criminal showed no empathy.
They may feel “injured” for the second time, leading to a loss of self-esteem.
They may feel taken advantage of if the criminal was offered restorative justice as opposed to a custodial sentence.
What is the cost of restorative justice sometimes funded by?
Fines paid by offenders.
What are “peace circles”?
A community programme developed in communities where violence and crime levels are high.
What is the aim of “peace circles”?
To foster an environment of respect so that the community offers support to victims of crime and also welcomes the offender into the circle to enable mutual understanding.
What do “peace circles” involve?
Everyone sits in chairs placed in a circle.
A “talking piece” is passed from one person to another around the circle.
This is so a person can speak uninterrupted.
There is a “keeper” whose task is to maintain an atmosphere of respect and articulate constructive solutions.
