Restorative Justice

Question 1

Problems with conventional justice

Answer 1

It doesn’t work for victims
At best neglected by the system
At worst, harmed by the system
It doesn’t work for offenders
Doesn’t prevent, correct or deter
Makes things worse rather than better (stigma, self esteem, disruption of relationships, jobs, families…)
Discriminates against the poor, disadvantaged, minority ethnic groups
It doesn’t work for communities

Question 2

Describe Nils Christie: Conflicts as property (1977)

Answer 2

The CJS ‘steals’ conflicts:
‘Conflicts have been taken away from the parties directly involved
and taken over by professionals (lawyers, judges, court officials)
emotionally neutral, controlled

Conflicts are important:
Reduces fear
Allows offender a chance to explore how he could repair the damage

Question 3

Describe restorative justice

Answer 3

Restorative justice has at its core the bringing together of victims and offenders
Justice as a positive process
Collective responsibility for crime
Involves dialogue and negotiation
Aim is to acknowledge and repair harm
Together to decide on appropriate restitution

Question 4

Describe the restorative justice process

Answer 4

Restorative conferencing

Victim-offender mediation

Question 5

Conventional Criminal Justice vs Restorative Justice

Answer 5

Conventional Criminal Justice:
Crime is defined as ‘lawbreaking’
The state (not the individual) is the victim
The focus is on establishing guilt…
…through adversarial contact (i.e. a trial)…
…so that just deserts can be determined…
And an appropriate amount of pain (punishment) can be inflicted

Restorative Justice:
Crime is a harm
Done to individual victims, and communities
The focus is on problem solving…
… through dialogue and negotiation…
…so that harm can be understood …
… and conflicts can be resolved through reconciliation

Question 6

How does restorative justice work?

Answer 6

Victim:
Therapeutic
Apology
Offer forgiveness
Empowering
Sense of justice
Reduces fear
High levels of victim satisfaction

Offender:
Therapeutic
Explain themselves
Be forgiven
Change behaviour
Become a participant in a discussion of how he can make it good again”(Christie 1977)

Question 7

Does restorative justice work?

Answer 7

Ministry of Justice commissioned research (Shapland et al 2006/7/8)
RJ led to a 14% reduction in RATE of offending
Though no difference in severity of offending
85% victims were satisfied
62% victims felt it made them feel better
For every £1 spent on RJ, £8 was saved through reductions in reoffending

Sherman and Strang (2007):
RJ works best for most serious crimes
It works best for violent crimes
Face to face RJ conferences are most effective for victims
Benefits for victims include reduced post-traumatic stress

Question 8

What are the limitations of restorative justice

Answer 8

What if the offender doesn’t apologise?
What if the victim doesn’t forgive?
Burdens on victims to forgive?
Should they be involved in determining punishment?
Opportunities for injustice