restorative justice Flashcards
what is restorative justice ?
a system of dealing with criminal behaviour which focuses on the rehabilitation of offenders through reconciliation with victims. offenders see the impact of their crime and the process empowers victims by giving them a voice
theoretical framework for restorative justice?
watched and McCold proposed that RJ should be focused on relationships rather than punishment.
3 aims of RJ?
- rehabilitate offenders
- atonement for wrong doing
- victims perspective
rehabilitate offenders ?
the victim can explain the impact of the crime to let the offender understand the effects on the victim as well as understand the perspective of others making them less likely to reoffend and encourage to take responsibility
atonement for wrong doing ?
offenders make amends by ether concrete compensation or psychologically can be expressing guild and remorse. by the victim showing distress offenders have a chance to express empathy
victims perspective ?
gives the victim a voice so they can feel more in control. this may help the victim to move on and recover from the crime as well as helping them gain a better understanding of the offender reducing feelings of personal attack
for RJ to take place what must happen?
- offender must pleaded guilty
- both parties must agree to take part
- tak
where does RJ take place ?
in a safe controlled environment with a facilitator who will prepare both victim and offender beforehand
what are the criminal and victim told to do ?
encouraged to discuss how the crime has effected them and how the harm they have cause be resolved. this includes face to face meetings, with the community and indirect communication
a victim offender conference involves ?
formal face to face meeting between victim and offender led by a trained facilitator, supports for both parties can also attend and are usually family members. community conference involves members of the community who has been affected.
3 evaluation points ?
- effectiveness from victims perspective
- effectiveness in terms of reducing reoffending
- suitability ?
effectiveness from the victims perspective ?
theres good evidence that victims who take part feel that it was beneficial. UK RJ council reports 85% satisfaction from victims in face to face meetings with offenders. these reports cover a large range of different crimes from theft to violent crime. one police force reported 92.5% victim satisfaction when victims have been subjected to violent crime
effectiveness in terms of reoffending ?
a key aim of any method of modifying criminal behaviour is that it reduces reoffending rates and theres good evidence that is successful. sherman and strang reviewed studies of face to face RJ meetings in UK US and AUS all studies reported reduced reoffending rates and one study showed a 11% reoffending for RJ compared to 37% for short prison sentences for violent and property crimes. the RJ council report a 14% reduction in the frequency of reoffending
suitability?
it is not available to all offenders and victims. firstly, an offender and victims. firstly an offender must plead guilty. though zehr claims it can take place without an offenders presence. secondly some crimes arent suitable though, it is used for every crime imaginable. lastly some victims may decline the offer
what are the 2 ethical implications ?
- from the victims perspective
- from the offenders perspective
from the victims perspective ?
could lead to the victim feeling worse afterwards. psychological harm is a key ethical issue and theres are many ways in which this might happen. for example the victim may feel the criminal showed no empathy for the harm caused and feel injured for the 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.
from the offenders perspective ?
making people face up to their wrongdoing can lead to abuses of power. for example, victims can gang up on an offender especially where the offender is a child. victims may also try to shame the offender which is not the intention of the process. the process is to intend to provide mutual benefits so that it is important that an offender also feels understood
2 social implications ?
- financial implications
- wider approach in the community
financial implications ?
prison population is very high and the main aim of RJ is to reduce reoffending. zehr reminds up that another reason for RJ is the traditional penal system did not address the need of victims nor did it promote offender accountability. the UK RJ council claims that reduced reoffending means that £* is saved for every £1 spent on RJ process. additionally the cost of RJ may have substational financial benefits for the community
wider approach in the community ?
should go beyond the victim and offender and include the wider community. peace circles are an example of this kind of community programmes that has been developed in communities violence and crime levls are high, they aim to foster an environment of respect so that the community offers support victims of crime and welcomes the offenders into the circle to enable a mutual understanding.
