12) Dealing with offending behaviour - Restorative Justice

Define restorative justice?

Restorative justice is a system for dealing with criminal behaviour where the focus is one rehabilitation through reconciliation.

• Offenders get to see the impact of their crimes, whilst victims are given a voice, helping them to feel empowered.

  • The basic idea is that offenders pay back their victims in some form or another.

Outline the aims of restorative justice?

Changing the emphasis:
Often when a crime is committed, it is seen as a crime against the state.

• This results in the state needing to punish the individual in order to enforce the law.

RJ programmes focus on the needs of the individual (compensation, closure and understanding) rather than the needs of the state.

• Thus, the emphasis is switched around.

Treating crime this way allows for a healing process.

• It is less about retribution and more about reparation.

These aims mean RJ aims to focus on two main things:

• The survivor of the crime, and their recovery

• The offender and their recovery/rehabilitation process

Describe key features of restorative justice programmes?

The majority of RJ programmes share the same key features:

• A mediator

• Non - courtroom, voluntary attendance

• Face to face or remote (zoom eg) meeting

• Survivor is given the opportunity to confront the offender

• Active involvement is crucial

• Focus on the positive outcomes

• Other members of the community may also be involved (e.g: neighbours)

Describe variations in the restorative justice process?

There are many different ways in which RJ can feature around the sentencing of an offender.

• Pre-trial

• Alongside/instead of prison

  • As an incentive to reduce the prison sentence.

There are also many different forms of restitution:

• Financial

• Physical - repairing damage

• Emotional - helping to restore confidence

Describe what the restorative justice council is?

The RJC is an independent body whose role is to establish clear standards for the use of ‘restorative justice’.

• It supports survivors and specialist professionals in the field

RJC advocates the use of restorative practice beyond dealing with crime.

• It can be used in preventing and managing conflicts in places such as:

  • Schools

  • Workplaces

  • Hospitals

  • Carehomes

  • Communities

Discuss research support for restorative justice?

STRENGTH: RESEARCH SUPPORT

SHAPLAND ET AL:
Shapland did a seven year long meta-analysis.

• 85% of victims reported satisfaction.

• 78% of victims recommended it to others.

• 60% of victims felt the process made them feel better, and able to move on.

• Only 2% said it made them feel worse.

This suggests that restorative justice achieves some of its aims, helping survivors of crime cope with the aftermath of the incident.

LIMITATION: COUNTERPOINT

WOOD AND SUZUKI:

Argue that restorative processes are not as survivor focused as reported.

• They felt restorative justice processes can become distorted, such as when survivors of crime are used as a way of helping to rehabilitate offenders, rather than be helped themselves.

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

Evaluate one strength of restorative justice?

STRENGTH: LONG TERM EFFECTS

Restorative justice seems to lead to a decrease in reoffending rates.

HEATHER STRAND ET AL:

A meta-analysis of 10 studies compared offenders who experienced face-to-face RJ schemes, with those who experienced only custodial sentencing.

• The restorative justice group was significantly less likely to reoffend.

• This reduction was larger in offenders convicted of violent crimes, than crimes against property.

KRISTIN BAIN:

Similarly, a review of 24 published studies found lower recidivism rates with adult offenders.

• Especially when using one - to - one contact rather than general community involvement.

This suggests that restorative justice has a positive impact on reoffending, maybe more so for specific types of offence and specific approaches.

Evaluate two limitations of restorative justice?

LIMITATION: ABUSING THE SYSTEM

Offenders may abuse the system.

The success of RJ programs may hinge on offenders intentions being genuine - they have to genuinely regret the hurt caused, and want to make amends.

VAN GIJSEGHEM:

Suggests that offenders may use restorative justice for all kinds of reasons.

• E.G: Playing down their faults, taking pride in their relationship with the survivor.

This would explain why not all offenders benefit from restorative justice and go on to reoffend.

LIMITATION: DOMESTIC VIOLENCE

Restorative justice is permitted in cases of domestic violence, yet the National police Chief’s Council (NPCC) policy does not support its use in this context.

LIEBMAN:

Argues that the main concern is that the power imbalance between abuser and abused puts pressure on survivors.

• Due to this, they may fear the worst if they do not go along with their partner or ex-partners suggestions during mediation.

SEN:
Suggest that restorative approaches are particularly useful in case of intimate partner violence where a couple has chosen to remain together.

• It allows them to address the pain caused, and plan for the future.

It is therefore unclear whether restorative justice is suitable for all types of offences.