Restorative justice Flashcards
Define restorative justice:
Focuses on rehabilitation of offenders through reconciliation with victims.
–> enables offender to see imapct of crime + empowers victims
How does RJ change emphasis on crime?
Switch emphasis from need of the state to needs of individual victim (compenstate + come to terms with crime)
Healing process –> Braithwaite (2004): ‘crime hurts, justice should heal’
Less about retribution more on reparation.
Focus on victim + their recovery
Focus on offender + their recovery/rehab
key features of RJ:
- Trained mediator supervises meeting
- Non-courtroom setting –> offenders voluntarily meet with survivor
- Face-to-face/video
- Survivor given opportunity to confront offender + explain how incident affected them.
- Active involvement of all parties
- Focus on +ve outcome for both parties
- Relevant community members involved too
When does RJ occur?
- Pre-trial
- Function alongside prison sentence
- Alternative to prison (young offender)
–> financial restitution/repairing damage instead
What is the RJC?
Independent body –> role = establish clear standards for use of RJ + support survivors
Advocates use of restortive practice beyond dealing with crime.
Used in preventing
+ managing conflict in many areas (schools/hospitals)
:) Needs of the survivor
Evidence for +ve outcomes
RJC (Shapland et al 2008) reported results of major 7 year project.
85% survivors = satisfaction with process of meeting offender face to face.
78% recommed to others in similar situation
60% = made them feel better on incident
–> feel closure + ‘move on’
only 2% = feel worse
.: achieve aims + helping survivors with aftermath
COUNTERPOINT:
Not all research overwhelmingly +ve
Wood + Suzuki (2016) argue restorative process not survivor-focused as often reported in satisfaction surveys.
Process = distorted -> survivors used to help rehabilitate offenders than being helped themselves
survivor = secondary
:) lower recidivism rates
10 study meta analysis: Strang et al (2013) compared offenders:
Face to face RJ schemes vs custodial sentencing
RJ SIGNIFICANTLY less likely to reoffend.
Reduction alrger in violent crimes vs property.
24 study review: Bain 2012 = lower recidivism rates with adult offenders – especially 1-to-1 contact
RJ = +ve impact on reoffending
:( Abusing system:
RJ = offender intentions = honourable (genuine regret + make amends)
Gijseghem (2003): offenders use RJ:
* Avoiding punishments
* Playing down their faults
* Taking pride in relationship with survivor
Explain why not all offenders benefit + reoffend
Domestic violence:
NPCC not supoprt RJ in DV cases
Liebman (2016): power imbalance between abuser
+ abused –> pressure on survivor may fear worst if not submissive during mediation
RJ = harm>good
Feminist = legislative ban of RJ in DV cases
Risk offender may manipulate situation + greater care needed
