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What is restorative justice?
A way of dealing with offending behaviour that focuses on rehabilitation of offenders through reconciliation with their victims.
This usually involves communication between the offender and victim.
It aims to repair the harm done by the offender rather than punish them - restoring the situation to what it was before the crime was committed.
What are the ways in which the process can take place?
Interaction between the victim and offender - either video conference or face-to-face.
The offender may also simply give payment to the victim as reparation, although this is less common.
What are the benefits of a criminal agreeing to restorative justice?
It could be an offer to reduce or eliminate their prison sentence.
What are the aims of restorative justice?
Rehabilitation of offenders
Atonement for wrongdoing
Helps the victim
Explain rehabilitation of offenders
The victim has an opportunity to explain the impact of the crime - enabling the offender to understand the effects on the victim.
Taking the victim’s perspective may reduce recidivism.
The offender is encouraged to take responsibility for the crime, hopefully having an effect on their future behaviour.
Explain atonement for wrongdoing
Offenders may offer compensation for the crime (eg money).
The atonement refers to their feelings of guilt.
The victim has the opportunity to express their distress, and this provides the offender with a chance of developing empathy by taking the perspective of the victim.
Explain how restorative justice aims to help the victim
Reduces their sense of victimisation - as they no longer feel powerless. They have a voice.
The victim also develops a greater understanding of the offender by listening to their account.
Explain the process of restorative justice systems
Offenders are risk-assessed before meeting the victim.
Impartial facilitator states ground rules (eg no interrupting)
Offender is told to explain what they did + why
victim explains impact
Chance for offender to apologise
What are peace circles?
Areas of support for offenders or victims.
Aims to create an environment of respect.
How do peace circles work?
Everyone sits in chairs placed in a circle.
‘Talking piece’ is passed from one person to another to avoid interruptions.
Positive eval
Research support - The UK Restorative Justice Council (2015) report 85% satisfaction from victims in face-to-face meetings with their offenders. It’s therefore beneficial for victims.
Successful in reducing offending - Sherman and Stranger (2007) meta analysis of 20 studies all showed reduced offending after restorative justice
Negative eval
Ethical issues - the victim may feel worse afterwards, victims may gang up on or shame the offender. This isn’t the intention of the process.
Individual differences - the system doesn’t apply to all offenders/victims, you need an offender who has admitted to the crime and is willing to take restorative justice seriously. Some victims may not be able to face the offender.
Conclusion
Restorative justice may be a cheaper and more effective alternative to custodial sentencing, but it only works for the right offender and victim.