crime - modifying: restorative: ethical Flashcards
(3 cards)
victim perspective
P: Unethical as there’s potential psychological harm to the victim when offenders shows no genuine remorse, therefore causing distress.
E: Shapland et al found that some victims reported feeling worse due to offender’s lack of empathy or discomfort revisiting crime
T: Therefore RJ is unethical as the process may lead to re-victimisation, lowering their self esteem. It could further exacerbate feelings of injustice if offenders receive lesser punishment, despite not showing remorse, simply because they took part in the process.
Counter: However, risks can be mitigated by ensuring that restorative justice is voluntary, carefully monitored, and facilitated by trained professionals who can support the victim’s emotional well-being throughout the process.
empower
P: is ethical as there’s supportive evidence it empowers victim’s
E: UK restorative justice counsel found that 85% of victims felt satisfied after face-to-face meetings with offenders, Avon and Somerset police reported a 92.5% satisfaction fate among victims of violent crimes
T: high levels of satisfaction suggests that RJ is ethical as it provides victims closure and empowerment, involving them actively in the resolution process helps reduce their sense of being a victim and powerless, helping rehabilitate not just the offender but also the victim.
offender perspective
P: Unethical due to a lack of valid consent creating a hostile situation that they can’t escape from.
E: Offenders may be offered reduced sentencing for taking part in restorative justice, and so may be coerced into taking part despite not wanting to. Then when they’re in these programmes, there can be misuse of the process when the offender is subjected to excessive shaming, berating and humiliation from the victim due to power imbalances - particularly in cases where the offender is young or vulnerable.
T: This contradicts the intended purpose of RJ to provide balanced and constructive dialogue. There unethical as it can trap offenders in overly distressing situations that can worsen mental health
COUNTER: However, risks can be mitigated by ensuring that restorative justice is voluntary, carefully monitored, and facilitated by trained professionals who can support the victim and offender’s emotional well-being throughout the process.