Restorative justice

Restorative justice

A system for dealing with criminal behaviour which focuses on the rehabilitation of offenders through reconciliation with victims. This enables the offender to see the impact of their crime and serves to empower victims by giving them a ‘voice’.

Restorative justice

• usually involves the offender coming face-to-face with their victim

• if managed carefully, this can be a crucial phase in an offenders rehabilitation

• it may also help the victim to put the incident behind them, and allow them to move on with their life

Changing the emphasis

• traditional views of law enforcement see any offence as a crime against the state

  • this would mean that punishment had to suit the needs of the state - to punish and enforce the law

• restorative justice programmes switch this view, to focus on the needs of the individual victim

  • to come to terms with the crime and move on

• victims therefore are encouraged to take an active role in the process, and offenders are required to take responsibility for their crime and face up to what they have done

Key features of the process

• focus on accepting responsibility and positive change; less emphasis on punishment

• not limited to formal courtroom situations - parties cold meet face-to-face in a more natural environment

• active involvement by all parties, rather than passive

• focus is on positive outcomes for survivors and the offender

Actual RJ process

• collaborative process between offender and victim based on principles of healing and empowerment

• supervised meeting between the 2 parties is arranged

• victim is able to confront the offender and explain the impact the crime has had on on them

• offender is therefore able to see the human cost of their crime and see the consequences of their actions

Variations of the RJ process

• some cases involve some financial restitution from the offender to reflect the psychological or physical damage they have inflicted

• some may involve the offender repairing damage they have done

  • i.e. a break in

• this is a flexible alternative to prison

• can be additional to community service or may shorten a prison sentence

The RJC - Restorative Justice Council

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AO3 points

• diversity of programs = more holistic approach

• relies on offender remorse - may not be successful in all cases

• expensive

• feminist critique - bias?

• can be seen as a soft option