Restorative justice

What is restorative justice?

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 survivor & offender, based on the principles of healing & empowerment, often facilitated by a trained mediator

What is the role of the trained mediator in restorative justice?

To arrange & supervise meetings between the survivor & 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 has 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 & how?

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 criminality that focuses on rehabilitating offenders through reconciliation with victims (survivors). It encourages survivors to take an active role in the process by coming to terms with the crime & moving on, while offenders are required to take responsibility for their actions.

• It involves a supervised meeting between the survivor & offender, led by a trained mediator, where the survivor can explain the impact the offence has had on them & the offender can see the consequences of their crime, including the emotional distress caused.

• Restorative justice programmes focus on acceptance of responsibility & positive change, rather than an emphasis on punishment. In some cases, offenders may provide financial restitution for the psychological or physical damage caused (e.g. property damage from a burglary).

• Restorative justice can be used as an alternative to custodial sentencing (particularly if the offender is young), alongside community service or to reduce prison sentences.

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 is that it arguably has greater rehabilitative power than custodial sentencing.

• Evidence: For example, the offender is able to directly witness the impact of their actions on the survivor, including the long-term emotional & psychological trauma that has been caused.

• Explain: This explains why with custodial sentencing, 2/3 of offenders are reconvicted within 2 years, whereas restorative justice has been shown to reduce recidivism by up to a half.

• Link: Overall, this suggests 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 limitation AO3 PEEL (retribution)

• Point: One limitation of restorative justice is that it is argued to not be a strong enough deterrence, so fails to achieve the aim of retribution.

• Evidence: For example, restorative justice relies on genuine remorse, however offenders may only take part to avoid or reduce prison time, while victims may only wish to seek revenge.

• Explain: This means that restorative justice cannot be used in isolation for more serious offences (e.g. rape & murder), where greater incapacitation is needed.

• Link: Overall, restorative justice’s effectiveness is dependent on both parties’ intentions, so is seen as a “soft option” compared to custodial sentencing.

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 may be a power imbalance between offender & survivor (particularly in domestic violence cases), where victims may feel intimidated or unable to speak freely.

• Explain: This may prevent genuine accountability or justice, as the survivor’s voice may be suppressed rather than empowered.

• Link: As such, some feminist groups argue for a ban on restorative justice in domestic violence cases, suggesting it may not be an appropriate way to deal with offenders.