dealing with offender behaviour: restorative justice

basic principles

• Offenders “pay back” victims — idea is ancient.

• Shifts focus from crime against the state → harm done to individual victim (survivor).

• Aim: Healing and repair, not punishment.

• John Braithwaite (2004): “Crime hurts, justice should heal.”

• Focus on:

  • Victim/survivor’s recovery and empowerment.

  • Offender’s rehabilitation and responsibility.

key features of restorative justice

• Meeting facilitated by a trained mediator.

• Voluntary, non-courtroom setting.

• Can be face-to-face or via video link.

• Survivor explains impact of crime directly to offender.

• Active participation from both parties encouraged.

• May involve family, friends, community members sharing impact.

• Emphasis on positive outcomes for all involved.

sentencing and restitution

• May happen pre-trial, alongside, or as an alternative to prison.

• Restitution often monetary or repair of damage, but can include emotional repair (rebuilding trust, self-esteem).

• Part of formal criminal justice or community-based interventions.

restorative justice council

• Sets standards for restorative justice practice.

• Promotes restorative approaches beyond crime (schools, workplaces, hospitals).

Meets Needs of Survivors + counterpoint

• Shapland et al. (2008), 7-year study:

  • 85% survivors satisfied with face-to-face meetings.

  • 78% would recommend it.

  • 60% felt better about the incident (closure, moving on).

  • Only 2% felt worse.

• Suggests restorative justice supports survivor recovery.

COUNTERPOINT

Survivor Needs May Be Secondary

• Wood & Suzuki (2016): Restorative justice can be distorted to prioritise offender rehabilitation over survivor’s needs.

• Some survivors may feel used to aid offender reform rather than receive support themselves.

Reduces Recidivism

• Strang et al. (2013) meta-analysis: offenders in restorative justice less likely to reoffend than those sentenced to custody, especially for violent crimes.

• Bain (2012) review of 24 studies: lowered reoffending rates, more effective with one-to-one contact than broad community involvement.

Offenders May Abuse the System

• Van Gijseghem (2003): Offenders may participate to avoid punishment, minimize responsibility, or gain status via contact with survivors.

• This undermines the programme’s effectiveness and increases risk of reoffending.

Issues with Domestic Violence Cases

• NPCC policy advises against restorative justice for domestic violence due to power imbalances and survivor pressure.

• Liebman (2016): Survivors may feel pressured to cooperate, fearing consequences.

• However, some argue:

  • Lünnemann & Wolthuis (2015): pre-trial mediation can produce positive results.

  • Sen et al. (2018): restorative approaches may help couples who choose to stay together by addressing harm and planning future safety.