12. restorative justice programmes

What are restorative justice programmes?

• They can function as an alternative to custodial sentencing (especially if the offender is young), as an add-on to community service or in addition to a custodial sentence

• They switch the emphasis from the needs of the state (to enforce law and punishment) to the needs of the victim(s) (to come to terms with the crime and move on)

• Typically involves offenders coming face to face with the victim(s)

Restorative justice process

• offender meets survivor for several supervised sessions with a trained mediator

• Survivor explains the impact of the crime on them

• Allows the offender to see the consequences of their actions

• Encourages empathy for the survivor from the offender

• Empowers survivor and promotes healing

• Offender provides some kind of retribution to victim/survivor

• Rehabilitation through collaboration and reconciliation

AO3- reduce recidivism

P- effective

E- Sherman and Strang reviewed 20 studies involving 142 men convicted of violence and property offences, who had taken part in restorative justice 11% reoffended compared to 37% of a matched control group

E- strength of restorative justice as may positively impact reoffending

L- alternative to custodial sentencing

AO3- cost-effective?

p- can be praised for saving money

E- Shapland- every £1 spent on restorative justice would save the government £8 through reduced reoffending as demonstrated by Sherman and Strang

E- HOWEVER- there are costs involved in training mediators and high drop out rates from offenders unable to face their victims

L- may not always be cost effective

AO3- suitability to all criminals

P- Restorative justice may not be suitable for all criminals

E- offenders must feel genuine remorse and actively engage in the process: restorative justice is not suitable for all criminals/all crimes

E- it only works when there is an obvious victim, whereas for corporate fraud or money laundering where there is no obvious victim restorative justice would not be appropriate

Also Women’s Aid have called for a ban on the use of restorative justice in cases of domestic abuse as they believe it is inappropriate

L- weakness-not suitable for all offenders