restorative justice Flashcards
What is the emphasis of restorative justice?
Historically - crime against state
RJ - emphasis on needs of the individual victim (come to terms and move on)
Victims take active role, offenders take responsibility
What is the restorative justice process?
Managed collaboration between offender and victim based on healing and empowerment
Supervised meeting with trained mediator
Victim explains effects of crime
Offender sees consequences - important for rehabilitation
Key feature of the process 1
Focus on acceptance of responsibility and positive change
Less emphasis on punishment
Key feature of process 2
Not restricted to courtrooms
Survivors choose setting
Key feature 3
Active involvement of all parties
Key feature 4
Focus on positive outcomes for survivors and criminal
How can restorative justice vary?
Financial restitution to make up for psychological or physical damage
Offender repairs property
Can be alternative to prison, add on to community service or reduction of sentence
What is the RJC?
Restorative Justice Council
Establishes standards for use of RJ
Supports victims and professionals
Advocates the use of RJ to prevent conflict in many areas, not just prison
Evaluation - diversity of programmes
Degree of flexibility in how it can be administered
Tailored to needs of individual
Evaluation - relies on offender remorse
Danger that offenders sign up for scheme to avoid prison rather than willingness to make amends
Victim may have ulterior motive of revenge
Evaluation - expensive
Shapland - every £1 spent on RJ would save justice system £8
However the mediators are expensive and rare
High dropout rates - offender or victim loses their nerve
Not cost effective
Evaluation - feminist critique
Called for ban in domestic violence cases
Power imbalance between abuser and abused, wider community blames victim
Rape cases
Doesn’t work for murder
Evaluation - soft option
Doesn’t receive public support
Politicians echo this to look tough on crime