Restorative justice

What is restorative justice?

Restorative justice is a system for dealing with criminal behaviour that focuses on the rehabilitation of offenders through reconciliation with victims

What is the primary aim of restorative justice for victims?

To encourage victims to take an active role in the process & come to terms with the crime

What is required from offenders in restorative justice?

Offenders are required to take responsibility for what they have done

How does the system of restorative justice work?

Through managed collaboration between the victim & offender, based on principles of healing & empowerment, often facilitated by a trained mediator

What is the role of a mediator in restorative justice?

To arrange & supervise meetings between the victim & offender, helping them communicate safely

How does restorative justice help victims during the process?

It allows victims to confront the offender & explain how the offence affected them

How does restorative justice help offenders?

It allows them to see the consequences of their actions, including the emotional distress caused

What do restorative justice programs generally focus on

Acceptance of responsibility & positive change, with less emphasis on punishment

How does restorative justice involve victims & offenders?

It emphasises active rather than passive involvement of all parties

Can restorative justice include financial restitution?

Yes, the offender may make financial restitution to reflect psychological or physical damage (e.g. property damage from a break-in)

Can restorative justice act as an alternative to prison?

Yes, especially for young offenders, as an add-on to community service, or as an incentive that may reduce an existing sentence

Discuss the use of restorative justice in dealing with offending behaviour (16 marks)

Write your AO1 paragraph

• Restorative justice is a system for dealing with criminal behaviour which focuses on the rehabilitation of offenders through reconciliation with victims. It aims to encourage victims to take an active role in the process (come to terms with the crime & move on) whilst offenders are required to take responsibility for what they’ve done.

• The system works by managed collaboration between the victim & offender & is based upon the principles of healing an empowerment. A supervised meeting is arranged between the two parties by a trained mediator, allowing the victim to confront their offender & explain how the offence affected them. Similarly, the offender can see the consequences of their actions, including the emotional distress caused.

• Restorative justice programmes generally focus on acceptance of responsibility & positive change for people who harm others with less emphasis on punishment, include active rather than passive involvement of all parties where possible & focus on positive outcomes for survivors & those who have engaged in wrongdoing.

• In some cases, restorative justice may involve the offender making some financial restitution to the victim which may reflect the psychological or physical damage done (e.g. if there was property damage from a break-in).

• It may act as an alternative to prison (especially if the offender is young), as an add-on to community service or as an incentive which may lead to the reduction of an existing sentence.

Discuss the use of restorative justice in dealing with offending behaviour (16 marks)

Write your strength AO3 PEEL (rehabilitative power)

• Point: One strength of restorative justice over custodial sentencing is that it arguably has greater rehabilitative power.

• Evidence: For example, the offender is able to directly witness the impacts & consequences of their actions upon the survivor (victim) to see the emotional & psychological trauma that has been caused or the long term effects.

• Explain: This could help to explain why with custodial sentencing, 2/3 of offenders get reconvicted within 2 years & yet restorative justice has been proven to reduce reoffending by up to a half.

• Link: Overall, this decreased recidivism rate would therefore suggest that restorative justice is a better method to utilise than custodial sentencing.

Discuss the use of restorative justice in dealing with offending behaviour (16 marks)

Write your strength AO3 PEEL (advantages for the victim)

• Point: One strength of restorative justice is that it can arguably help to provide advantages for the victim which makes it better than alternative methods of dealing with offenders.

• Evidence: For example, 85% of people who participated in restorative justice felt that it was a positive experience & 78% said that they would recommend it to others.

• Explain: This is because it enables them to confront the offender which can help to reduce PTSD that they may be experiencing.

• Link: As such, this implies that restorative justice can provide healing & empowerment for the victim which can be a more positive psychological experience than retribution alone.

Discuss the use of restorative justice in dealing with offending behaviour (16 marks)

Write your limitation AO3 PEEL (retribution)

• Point: One limitation of restorative justice is that it is not necessarily perceived as a strong enough deterrence when compared with custodial sentencing & so the aim of retribution may not be met.

• Evidence: For example, some have argued that restorative justice depends on the offender showing genuine remorse & they may simply sign up to the scheme in an attempt to evade or reduce a prison sentence. Alternatively, the victim may use the opportunity to exact revenge or their own form of retribution.

• Explain: This also means that restorative justice cannot be used in isolation for more serious offences such as rape & murder where a greater need for incapacitation is required.

• Link: Overall, the scheme is only as effective as the intentions of both parties which means that it may not be as useful a form of punishment as custodial sentencing, seen instead as a “soft option”.

Discuss the use of restorative justice in dealing with offending behaviour (16 marks)

Write your limitation AO3 PEEL (limited applicability)

• Point: One limitation of restorative justice is that it is not a suitable option for all cases of offending.

• Evidence: For example, there can be an imbalance of power between the abuser & the victim.

• Explain: This is especially evident in cases of domestic violence, where victims may feel intimidated, coerced, or unable to speak freely in the presence of their abuser. Consequently, restorative justice may fail to achieve genuine accountability or justice, as the victim’s voice can be suppressed rather than empowered.

• Link: As such, it is for this reason that some feminist groups have argued for a legislative ban on restorative justice in domestic violence cases & therefore, why restorative justice may not be the most viable solution to dealing with offenders.