Restorative Justice Flashcards
(8 cards)
What is restorative justice?
A system for dealing with offending behaviour which focuses on the rehabilitation of offender through reconciliation with victims. This enables an offender to see the impact of their crime and serves to empower survivors by giving them a voice.
How is restorative justice a change from the past?
Historically a criminal offence is seen to be a crime against the state. Emphasis changes from state to individual victim. Restorative justice is less about retribution and more about reparation focuses on two things:
- The victim of crime and recovery
- The offender and their recovery/ rehabilitation process
What are the key features of the programme?
- Trained mediator supervises the meeting
- Non-courtroom setting
- Face to face or video
- Survivor given opportunity to confront offender and explain how incident effected them
- Active rather then passive involvement
- Focus of positive outcome
- Other relevant community member may have role e.g family
What is restitution?
Often seen as monetary payment to a survivor by the offender reflecting the physical damage or psychological damage. Can also be seen in an emotional sense by rebuilding confidence or self esteem
What is the restorative justice council?
The RJC is an independent body whose role is to establish clear standards for the use of restorative justice to support survivors. It advocates its use beyond crime such as schools, workplaces and hospitals.
What is brief AO3 for restorative justice?
- Shapland et al found positive outcomes BUT, not all research is positive
- Restorative justice leads to a decrease in rates of recidivism
-Offenders may abuse the system
What are the strengths of restorative justice?
Shapland et al found that 85% of survivors reported satisfaction with the process of meeting offender face-to-face and 78% would recommend it to other people. 60% said it made them feel better about the situation. Only 2% said it made them feel worse, suggests it achieves some of its aims.
BUT, not all research is overwhelmingly positive Wood and Suzuki argue that the process are not as survivor-focused and they are used to rehabilitate offenders rather than help themselves. Needs of survivor may be seen as secondary in this process.
Strang et al found a decrease in rates of reoffending. Metanalysis of 10 studies compared face-to-face restorative justice with just custodial sentencing. RJ group less likely to reoffend and was larger in those convicting violent crimes. Restorative justice has a positive impact on reoffending maybe more so for sometypes of offence and approach
What are the limitations of restorative justice?
Offenders may abuse the system. The success of restorative justice systems may hinge on offenders intentions being honourable. Gijseghem (2003) suggests that offenders may use restorative justice for all kinds of reasons, avoiding punishments etc and playing down their faults. This would explain why not all offenders benefit from this and go onto reoffend.
