Dealing with offending behaviour: Restorative justice

What is restorative justice

A system for dealing with offending behaviour that focuses on the rehabilitation of offenders through reconciliation with victims. It enables the offender to see the impact of their crime and empowers the victim by giving them a voice

How do restorative justice programmes switch the emphasis

They switch the emphasis from the needs of the state - to enforce the law and punish) to the needs of the individual victim in feeling compensated in some way and to come to terms with the crime

What is restorative justice about and what does it focus on

It is less about retribution (punishment) and more about reparation (repairing the harm they have caused). It focuses on two things:

• The victim (or survivor) of the crime and their recovery

• The offender and their recovery/rehabilitation process

What are the 7 key features of post restorative justice programmes

1. Trained mediator supervises the meeting

2. Non-courtroom setting where offenders voluntarily meet with survivors

3. Can be face-to-face or remote

4. The survivor is given the opportunity to confront the offender and explain how the incident affected them which enables the offender to understand the consequences of their actions and the emotional distress it caused

5. It is important that there is active rather than passive involvement of all parties wherever possible

6. The focus is on positive outcomes for both survivors and offenders

7. Other relevant community members may have a role in the process, such as neighbours, friends, family members - they may all wish to explain the effects of the crime

When does restorative justice occur

May occur pre-trial and the offender’s involvement might be considered during sentencing, or it could also function alongside a prison sentence, or as an alternative to prison (esp if offender is young), or as an incentive to reduce the length of the sentence

How does restitution take place in restorative justice

• A monetary payment by the offender for the harm resulting from the offence - they may make a payment that reflects the psychological damage caused or actual physical damage (in case of a break-in for example)

• The offender may repair damaged property themselves

• Restitution can be in a more emotional sense - offender can support the healing process by repairing and rebuilding the survivor’s confidence or self-esteem

What is the Restorative Justice Council (RJC) and what do they do

They are an independent body whose role is to establish clear standards for the use of restorative justice and to support survivors and specialist professionals in the field. They advocate for the use of restorative justice beyond dealing with crime - can be used in preventing and managing conflict in many areas (schools, workplaces, communities)

What is a strength

Evidence suggests it has positive outcomes. According to a seven-year study by the Restorative Justice Council (Shapland et al. 2008), 85% of victims were happy with meeting their offender, and 78% would recommend it to others. Around 60% said it helped them feel better and move on, while only 2% said it made them feel worse. This shows that restorative justice can help victims deal with what happened and find closure, therefore achieving some of its aims

What is a counterpoint to the previous evaluation point

Not all research is completely positive. William Wood and Masahiro Suzuki (2016) say that restorative justice isn’t always as focused on the victim as it seems in satisfaction surveys. They argue that sometimes the process is more about helping the offender, and the victim is just used to support their rehabilitation. This suggests that the victim’s needs may come second to helping the offender

What is another strength

Another strength is that restorative justice seems to lower reoffending rates. Heather Strang et al. (2013) looked at ten studies in a meta-analysis and found that offenders who took part in face-to-face restorative justice were less likely to reoffend than those who only went to prison. This was especially true for violent crimes

This shows that restorative justice can help reduce reoffending, maybe more so for certain crimes and methods

What is a limitation

One limitation of restorative justice is that some offenders might abuse the system. For it to work, the offender has to genuinely feel sorry and want to make things right. But Hubert Van Gijseghem (2003) says offenders might take part just to avoid punishment, make themselves look better and play down their faults, or even feel proud of their relationship with the victim using direct contact. This could be why some offenders don’t actually change and end up reoffending