Restorative justice Flashcards
Definition
Ministry of Justice
bringing together those harmed by crime with those responsible for the harm, to find a positive way forward
what are 3 definition issues with restorative justice
there are many definitions: which is going to give the best information and not scare people away
what is the underlying theme? those who are affected and a solution need to be in the centre
no single theory so results are varied
what are the 6 key aspects of restorative justice
empowerment dialogue negotiation agreement professionals not dominant stakeholders dominant
key aspects
empowerment
takes power away from offending and gives to offender
key aspects
dialogue
direct or not
direct-exact words spoken
not-a summary of words spoken
key aspects
negotiation
deciding what to do
key aspects
agreement
the way forward, using negotiation
3 Modes of restoratve justice
purist
maximalist
encounter/reparative/transformative
purist model
concentrates on the practices in which people affected communicate
try to resolve the issues raised by the wrongful act
stakeholder empowerment is important
what is an advantage of the purist model
needs full voluntary agreement
what is a disadvantage of the purist model
no punishment or treatment options
maximalist model
focused on repairing the harm cause by crime and by doing this, doing justice
encounter/reparative/transformative
encounter- between stakeholders in a conflict in order to discuss the problems and what to do
reparative-offender does not need to experience pain in proportion to the seriousness of the offence, how can they repair?
transformative- ultimate goal for RJ is to transform the way in which we understand ourselves
This model suggests all 3 are important
theoretical foundations
reintegrative shaming offence condemned-not offender shame of people reintegration is key respect the shamer does not acknowledge structural changes of crime RJ gives greater opportunities to reduce re-offending Legitimate stake
theoretical foundations
reintegrative shaming
shaming offenders but then allowing them back into society after, they will no longer be seen as an offender. This is opposed to disintegrated shaming in which after offender gets shamed, they are not returned into society
theoretical foundations
shame of people
rather than justice system
theoretical foundations
legitimate stake
offenders will decrease offending as they see victims as having a legitimate stake in deciding the form of justice an offender receives
what level of control and support does RJ have?
high levels of support and high levels of control
3 ways in which RJ is in use
reformism
separatism
abolitism
RJ in use
reformism
approach that attempts to ‘mainstream’ RJ within the CJS
Two ideas:- twin track and systematic integrative model.
RJ in use
reformism
twin track
an action towards those who offend, plus what they would be known as.
Triangle
RJ is first, there is a high probability of compliance and all offenders are able to take part. These people dont offend a lot so the RJ has been effective in helping them turn away from crime.
If re-offending, the person moves to deterrence, these include escalating threats of punishment. These people are known as rational actors
For some, threats are not enough so incapacitation is next, this means removing their ability to re-offend.
RJ in use
reformism
twin track
what are the 3 disadvantages of this programme
no safeguards-are people being treated right?
only works within CJS
escalation of punishment is the same of CJS-no difference
RJ in use
reformism
systematic integrative model
The victim is active in all parts of the process. The first stage is an informal process e.g. a caution, this includes all offenders. The second stage is rertoration order with is court imposed and is given to those unwilling offenders. Then the restorative punishment is given to serious offenders that didn’t take any notice of the restoration order.
The final stage is incapacitation and is again given to those who are harmful
RJ in use
reformism
systematic integrative model
what is a negative of this model
court is a common occurrence and so prisons become fuller
RJ in use
reformism
systematic integrative model
advantages
restorative outcomes within custody
prison jobs
victim offender mediation
community repair activities
RJ in use
separatists
alternative approach in between the two
works outside of the CJS
RJ in use
abolitionist approach
RJ to completely replace CJS
use of punishment means to be individualised for each person
should be deproffessionalised so only the stakeholders should be involved
3 basic principles of the use of RJ
restorative process-those affected by crime work together to resolve the issue
restorative outcome- agreement after restorative process
restorative justice programme-programme using restorative processes to get outcomes
when is RJ used? 4
alternative to prosecution
option for sentencing
in conjunction to sentencing
post sentencing supplement
3 types of RJ
victim offender mediation
circles
family group conferencing
types of RJ
victim offender mediation
brings victim and offender together should be tailored to individual narrative opportunity aims to repair harm focus on healing can be done with surrogate victim where letters and videos are given to victim as opposed to the victim actually being there
types of RJ
circles
‘peacemaking’
needs of victim and offender
any interested party from community
voluntary
types of RJ
family group conferencing
young people involved
decision making involves the whole family
family meets with professional
family have time together to plan ways of making home safer
confirm plans with agencies
what is punishment 4
must be for breaking law
must be for person who broke law
imposed by authority
involve a loss
is RJ a punishment or rehabilitation?
does 4 things punishment does but involves no custodial sentences
for rehab it holds the offender more accountable for actions
RJ is seen as opposite of both/mix of both
police led RJ
police give effective cautions according to RJ principles. Have no personal agenda so are professional, however, will offenders see it as fair?
