Restorative Justice Flashcards
How does restorative justice change the emphasis?
Historically offenders commit a crime against the state, in contrast restorative justice programmes switch their emphasis from the needs of the state to the needs of the individual victim. Victims are encouraged to take an active role in the process whilst offenders are to take responsibility and face up to what they have done
What is the restorative justice process?
RJ is a process of managed collaboration between offender and victim based on the principles of healing and empowerment. A supervised meeting takes place attended by a trained mediator in which victims are able to express how they feel and how the incident has effected them. The offender is able to see the consequences of their actions including emotional distress. This is seen as an important part of the rehab process
What are the key features of the process?
Focus on acceptance of responsibility and positive change for people who harm others, less emphasis on punishment
Not restricted to courtrooms survivors and offenders may voluntarily choose to meet up in a face to face non-courtroom setting
Active rather than passive involvement of all parties in the process wherever possible
Focus on positive outcomes for survivors or those engaged in wrongdoing
What are the variations of the process?
RJ is not always a face to face encounter but can be financial restitution that represents the psychological damage done such as physical damage. RJ is flexible and may function as an alternative to prison, as an add-on to community service or incentive to reduce prison sentences
What is the Restorative Justice Council?
RJC is an independent body whose role it is to establish clear standards and to support victims and specialist professionals in the field. It advocates the use of restorative practice in preventing and managing conflict in many areas including schools, children services, workplaces, hospitals and communities
What is a strength of the strategy?
The diversity of the programmes - there is a variety of ways in which programmes can be administered and where, this means that schemes can be adapted and tailored to suit the needs of the individuals. However this does present difficulties with drawing conclusions regarding the effectiveness of the programmes themselves
What does the process rely on?
Offenders showing remorse - prisoners may sign up to the scheme for a number of dubious reasons including the reduction of prison sentences rather than a genuine desire to make amends with the victim. The victim themselves may seek revenge or retribution. This means that positive outcomes may not be met if participants are taking part for the wrong reasons
What is a limitation of the programme?
They are expensive - Shepland et al concluded that for every £1 spent on restorative justice would save the criminal justice system £8 through reduced offending. However the meetings need to b facilitated by trained professionals who are expensive.
RJS also have high drop out rates as either offender or victim become frustrated and do not attend meetings - meaning it may not be the best or the most cost effective solution
What is the feminist critique?
Women’s Aid have called for a legislative ban on the use of restorative justice in domestic violence cases, this relates to the power imbalance between the abuser and the abused and the wider community who may blame the victim
Why do alternatives to prison not receive popular support?
They are often regarded as a soft option and these sentiments are echoed by politicians keen to convince the electorate they are tough on crime (Davies and Raymond)
Does restorative justice?
Sherman and Strong compared 36 studies in restorative justice with conventional justice such as prison. The researchers found reductions in reoffending rates for violent and property crimes. Incidences of PTSD were reduced and parties reported greater satisfaction with the process. This suggests that RJ may have positive outcomes for both victims and offenders
