🍒 Criminal Behaviour Modifying Behaviour - Restorative Justice Flashcards
(18 cards)
Aims of Custodial Sentencing
Q: What are the 5 main aims of custodial sentencing?
- Public protection
- Offender punishment & prevention of recidivism
- Deterrence of population
- Retribution for the victim
- Rehabilitation of offenders
Concept of Restorative Justice
Q: What is the core idea of restorative justice?
Offenders should restore the situation to what it was before the crime by “putting right their wrong.”
Forms of Restorative Justice
Q: What are some ways restorative justice can be carried out?
- Financial reparation (no communication)
- Letter to the victim
- Video conference interaction
- Face-to-face meeting with a facilitator
Aims of Restorative Justice
Q: Which two key aims of custodial sentencing does restorative justice address?
- Rehabilitation of offenders (reducing reoffending)
- Reparation for wrongdoing (making amends)
Rehabilitation Through Restorative Justice
Q: How does restorative justice help rehabilitate offenders?
- Victims explain the real impact of the crime, helping offenders understand consequences.
- Encourages perspective-taking and responsibility, reducing reoffending.
- Requires active participation (unlike passive punishment), changing attitudes.
Reparation in Restorative Justice
Q: How do offenders make reparation in restorative justice?
- Concrete compensation (money, community work)
- Psychological atonement (showing guilt, understanding effects)
- Victims express distress, helping offenders develop empathy.
Victim’s Perspective
Q: How does restorative justice benefit victims?
- Reduces sense of victimisation (gives them a voice & closure).
- Helps them understand the offender’s perspective, reducing feelings of harm.
Wachtel & McCold’s Theory (2003)
Q: What is the key idea of Wachtel & McCold’s theory of restorative justice?
Focus should be on repairing relationships rather than punishment.
Crime harms people & relationships; justice should heal that harm.
Requires three stakeholders:
1. Victim (seeks reparation)
2. Offender (takes responsibility)
3. Community (seeks reconciliation for a healthy society).
Alternative to Prison
Q: When might restorative justice be offered instead of prison?
When the victim agrees to participate, allowing offenders to make amends without incarceration.
Evaluation: Victim Satisfaction (Effectiveness)
Q: What evidence suggests that restorative justice is effective from the victim’s perspective?
- UK Restorative Justice Council (2015): 85% victim satisfaction in face-to-face meetings across crimes.
- Avon & Somerset: 92.5% satisfaction for violent crimes.
- Dignan (2005): Victims report greater satisfaction than with traditional courts.
Evaluation: Reducing Reoffending (Effectiveness)
Q: How effective is restorative justice in reducing reoffending?
- Sherman & Strang (2007): Reviewed 20 studies—all showed reduced reoffending (none increased it).
One study: 11% reoffending (RJ) vs. 37% (prison group). - UK Restorative Justice Council (2015): 37% overall reoffending rate.
Evaluation: Limitations of Applicability (Effectiveness)
Q: Why can’t restorative justice be a universal solution?
- Requires admission of guilt (though Zehr argues it can work without the offender).
- Not all crimes/victims are suitable (some decline).
- Depends on offender/victim willingness.
Evaluation: Ethical Risks for Victims
Q: What are the ethical concerns for victims in restorative justice?
- Psychological harm: Victim may feel worse if offender shows no empathy.
-Feeling exploited: If offender seems insincere or avoids prison. - Embarrassment during proceedings.
Evaluation: Ethical Risks for Offenders
Q: What ethical issues might offenders face in restorative justice?
- Power imbalance: Victims may gang up or shame the offender.
- Children/young offenders may be vulnerable.
- Must ensure mutual benefit—offenders should also feel understood.
Evaluation: Financial Benefits (Social Implications)
Q: How does restorative justice benefit society financially?
- Reduces prison costs (UK has a high prison population).
- UK Restorative Justice Council: Saves ÂŁ8 for every ÂŁ1 spent.
- Fines from offenders sometimes fund the process.
Evaluation: Community Programs (Social Implications)
Q: How does restorative justice involve the wider community?
Peace circles:
- Community sits in a circle with a “talking piece” for respectful dialogue.
- A “keeper” maintains constructive discussion.
- Aims to support reintegration and prevent reoffending.
Evaluation: Challenges in Implementation
Q: What are the key challenges in implementing restorative justice?
- Uneven quality (depends on facilitator skill).
- Lack of training/resources in some areas.
- Not all victims/offenders participate.
Evaluation: Victim-Centered Benefits
Q: How does restorative justice benefit victims psychologically?
- Gives them a voice and sense of control.
- Helps achieve closure and emotional healing.
- Reduces feelings of powerlessness after crime