Dealing with Offending Behaviour: Restorative Justice Flashcards
(17 cards)
Restorative justice definition
A system for dealing with criminal behaviour which focuses on the rehabilitation of offenders through reconciliation with victims.
This enables the offender to see the impact of their crime and serves to empower victims by giving them a ‘voice’
AO3 (1) restorative justice
- One of the strengths is the diversity of RJ programmes
- There is flexibility in the way RJ programmes can be used (unlike custodial sentencing) and RJ covers a wide range of possible applications (prisons, schools, etc)
- This is positive in the sense that schemes can be adapted and tailored to the needs of the individual situation
- CA: specially trained mediator – expensive. Must follow the whole programme for it to be effective
- C: Reoffending rates can be reduced. Empowering for the victim, to be seen and heard, closure
AO3 (2) restorative justice
- A further imitation is the feminist critique of RJ programmes
- Feminist commentators take issue with the widespread use of RJ. The charity Women’s Aid has called for a legislative ban on its use in domestic violence cases
- They are concerned about the power imbalance in the relationship between abuser and abused, and the fact that the wider community, which should be supportive, often resorts to blaming the victim
- CA: However, the individual should ultimately make the decision if they want to have a RJ meeting, informed consent. Case by case basis, rather than application to all domestic violence cases. Not one size fits all
- C: Despite this, there should be a ban on using RJ in domestic violence cases. Therefore, RJ, lacks generalisability
AO3 (3) restorative justice
- A final limitation is that RJ programmes are seen as a ‘soft option’
- RJ may reduce recidivism rates and is cheaper than running overcrowded prisons, but it often does not receive public support
- Programmes are often regarded as soft options, a view echoed by politicians keen to convince voter they are ‘tough on crime’
- CA: However, RJ isn’t used as a replacement for custodial sentencing but alongside to empower the victim
- C: It decreases the utility because political will to use RJ is noy always there. Lack of support
AO3 (4) restorative justice
- One limitation is the reliance on the offender showing remorse
- The success of RJ programmes may hinge on the extent to which the offender feels remorse for their actions. Some offenders may ‘sign up’ to avoid prison or for a reduced sentence
- The victim themselves may have an ulterior motive – to seek revenge or retribution of their own
- CA: victim having closure, not about the offender showing remorse. RJ not about the offender saying ‘sorry’
- CA: offender consenting to the session, shows the offender is reflecting on their behaviour – thinking about the consequence of their criminal behaviour
- C: RJ may not lead to positive outcomes for both participants. Intentions can limit the success of the session
AO3 (5) restorative justice
- Strength = cost effective – RJ
- Shapland £8 to every £1 spent on RJ
- Shapland – economic implications – financial sense. Reoffending rates – prison population. Long term solution
- CA: requires skilled and experiences individuals to act as mediators to conflict. Expensive to come across – RJ board, drop-out rates – lose their nerves
- C: ecological validity – reducing the prison population
What is restorative justice?
A process where offenders come face-to-face with their victims to acknowledge harm and promote healing.
What is the main goal of restorative justice?
To heal and empower both the offender and the victim, helping the offender rehabilitate and the victim move on.
How has restorative justice changed the emphasis of justice?
From punishing crimes against the state to focusing on victims’ needs and emotional healing.
What did Braithwaite (2004) say about restorative justice?
“Crime hurts; justice should heal.”
How is a typical RJ process conducted?
A supervised meeting is arranged between victim and offender, facilitated by a trained mediator.
What is discussed during the meeting?
The victim explains how the offence affected them; the offender sees the emotional consequences of their actions.
What are the key features of restorative justice?
Focus: On responsibility and positive change, not punishment
Venue: Usually a non-courtroom setting, possibly involving community members
Involvement: All parties actively engage
Outcomes: Positive results for both victim and offender
Does RJ always involve face-to-face meetings?
No – alternatives include financial compensation or repairing damage caused.
Can restorative justice be used instead of prison?
Yes – particularly for young offenders, or as an add-on to community service or to reduce a sentence.
What is the Restorative Justice Council (RJC)?
An independent body that sets RJ standards and supports victims and practitioners.
Where does the RJC promote restorative justice?
Schools
Children’s services
Workplaces
Hospitals
Communities
Prisons
