Restorative justice

How does restorative justice change the emphasis when dealing with offending behaviour?

Switches it from the need of the state (to enforce the law) to the needs of the survivor (to feel compensated in some way and come to terms with the crime).

What two things does restorative justice focus on?

• Victim/survivor of the crime and their recovery

• Offender and their recovery/rehabilitation process

7 key features of restorative justice programme

• Trained mediator supervises the meeting

• Non-courtroom setting where offender voluntarily meets with survivor(s)

• Face-to-face meeting or remotely via video link

• Survivor explains how the incident affected them, so the offender can understand effects

• Active involvement of all parties

• Focus on positive outcomes for both survivors and offenders

• Other relevant community members may be involved and explain consequences (e.g. neighbours, friends, family members)

How does restorative justice fit into sentencing?

It may occur pre-trial and affect sentencing:

• may be given as an alternative to prison

• could occur while in prison as an incentive to reduce the length of a sentence

What is restitution? What are the three types?

A monetary payment by the offender to the survivor for harm from the offence.

• Financial: offender pays

• Practical: offender does repair themselves

• Emotional: support healing processes by helping to rebuild the survivor’s confidence

What is the restorative justice council?

Sets and monitors standards, and supports suvivors and specialists in the field. Promotes the use of RJ principles as a general way to prevent and manage conflict e.g. in schools, workplaces and communities.

AO3: Strength: RJ supports the needs of survivors

The RJC reported the results of a 7-year project. 85% of survivors said they were satisfied with the process. 78% would recommend it, about 60% said the process made them feel better about the incident, 2% said it made them feel worse. 

This suggest that restorative justice is a worthwhile experience and helps survivors of crime cope with the aftermath of the incident. 

AO3: Counterpoint

RJ programmes are not always as survivor-focused as reported in satisfaction surveys. Survivors of crime may be used to help rehabilitate offenders, not the other way round. 

This suggests that the needs of the survivor may be seen as secondary to the need to rehabilitate offenders. 

AO3: Strength: RJ leads to a decrease in offending

In a meta-analysis, Strang found offenders who experienced RJ were less likely to reoffend- though reduction was larger in cases of violent crime than property crime. Bain found lowered recidivism with adult offenders who had one-to-one contact with their survivor (rather than community contact).  

This suggests that RJ has a positive impact on reoffending, maybe more so for some types of offence than others and some approaches. 

AO3: Limitation: Offenders may abuse the system

The success of RJ hinges on an offender genuinely feeling regret for their actions. Van Gijseghem suggests that offenders may use RJ to avoid punishment, play down their faults or even take pride in their relationship with the survivor. 

This would explain why not all offenders ultimately benefit from RJ and go on to offender. 

AO3: Limitation: Domestic violence

In domestic violence cases, the power imbalance between abuser and abused puts pressure on survivors to go along with their partner’s suggestions during mediation. 

However, RJ in domestic violence cases has produced positive results for survivors e.g. where a couple wishes to stay together to address the harm caused. 

This suggests that for some types of crime the offender may manipulate the situation so great care is needed.