Restorative Justice Programmes Flashcards
Rj programmes are a way of reducing and atoning for offending behaviour through reconciliation between the offender and the victim as well as the wider community. This can be done in the form of a payment or through communication with the victim by letter or in conversation with a facilitator present.
The main aims of rj is to address two key aims of custodial sentencing: rehabilitation of offenders so they do not re-offend and atonement for wrongdoing. Rehabilitation of offenders: understanding the impact of the crime enables perspective taking to develop. Taking responsibility may also affect future behaviour.
Atonement for wrongdoing: through payment or doing unpaid work, expressing guilt or showing empathy for the victim.
Victims perspective: may reduce feelings of victimisation and may be helped by having empathy for the offender.
Watchel and McCold propose a theoretical framework. The focus should be on the victim offender and the wider community and relationships rather than punishment. The victim seeks reparation the offender must take responsibility and the community aims to achieve reconciliation to maintain a healthy society. Full restoration involve all three of these. For example in peace circles.
Peace circles have been set up in many communities where crime levels and violence are high. They aim to create an environment where the community offers support for both the offender and victim. Everyone sits in a circle and there is a talking piece passed around. There is also a keeper present to maintain a respectful attitude.
From the victims perspective it has been seen as successful. There is evidence to show that victims that have taken part in these programmes found it beneficial. The UK restorative justice council reported 85% satisfaction from the victim. These reports covered a large range of crimes from theft to violence. Victims also claim a greater sense of satisfaction than when cases go to mainstream courts. These reports suggest that the rj programmes are worthwhile taking part in as they may offer a form of closure to the victim.
There has also been success in terms of reduced offending. Researchers reviewed 20 studies of face to face meetings with the offender and victim in the UK, US and Australia. All studies shows reduced reoffending. The UK restorative justice council report an overall figure of 14% reduction in reoffending rates. If reoffending is reduces then that means crime rates will also be reduced which will be beneficial to society which shows the advantage of these programmes.
There are many advantages of rj compared to custodial sentencing. Two key aims of custodial sentencing can be achieved through rj and the third aim which is punishment can also be a part of the programme as the process of facing a victim is unpleasant. It may be unpleasant enough to act as a deterrent especially to those who have experienced it before. By avoiding custodial sentencing the influences of deviant subcultures can also be avoided. Prisons may actually encourage reoffending because offenders can pick up new skills from other offenders this can be avoided through rj. Through rj time and money can be saved for the court and police. The cost of the programmes is sometime funded by the fines lad by offenders so it may be cheaper than custodial sentencing which again will benefit the society.
However there are ethical issues that rise. From the victims perspective it is emotional distressing and they have the worry of not feeling better afterwards. From the offenders perspective making people face up to their wrongdoing can lead to abuse of power. Victims can gang up on the offender especially where the offender is a child. Victims may try to shame the offender which is not the intention of the process. This therefore suggests that rj programmes need to be carefully balanced and made sure that they benefit both the victim and the offender.
