12. restorative justice

what is it

a system for dealing with offending behaviour which focuses on the rehabilitation of offenders through reconciliation with victims

• enables offender to see the impact of their crime and serves to empower survivors by giving them a voice

emphasis

it switches the emphasis of the state (to enforce the law and punish) to the needs of the individual victim (to feel compensated in some way and come to terms with the crime)

• less about retribution, more about reparation

what does it focus on

1. victim and their recovery

2. offender and their recovery/rehabilitation process

key features

• supervised by a trained mediator

• can be face to face or virtual via a web link

• active rather than passive involvement of all parties in the process

• other relevant community members may be present ie neighbours, family, friends - may wish to explain effects of the crime

what does the survivor do

• survivor is given the opportunity to confront the offender and explain how the incident affected them

• enables offender to comprehend the consequences of their actions, incl the emotional distress it caused

when may it occur

• pre trial

• alongside a prison sentence

• alternative to prison (especially if the offender is young)

• incentive to reduce sentence length

key elements - the 5 Rs

1. relationship - offender should feel accountable for their actions so relationship can be healed

2. respect - all should show it and achieved via active listening

3. responsibility - offender must take responsibility

4. repair - offender should try repair damage, victim but banish thoughts of revenge and punishment

5. reintegration - offender becomes part of community and is accepted

role with restitution

• offender may make some financial restitution to the survivor that may reflect the psychological damage caused or the actual physical damage ie break-in

• may involve offender repairing damaged property themselves

restorative justice council

RJC = 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

• advocates the use of restorative practice beyond dealing with crime

• can be used in preventing and managing conflict in many areas incl schools, workplaces, hospitals, communities

evaluation

1. reduction in recidivism

2. needs of the survivor (& CP)

3. abusing the system

4. domestic violence

needs of survivor

• meets the emotional needs of the survivor

• shapland found 85% survivors were satisfied and 78% would recommend it - FtF meetings allow them to gain closure, express emotions and understand the offenders motives which helps emotional recovery

• supports effectiveness and ethical value of restorative justice by prioritising survivor wellbeing

CP not survivor focused enough

• wood found sessions often become offender focused aiming mainly at rehabilitation

• may leave survivors feeling distressed or dissatisfied, especially when offender needs dominates theirs - 2% before study said it made them feel worse

• weakens its claim of prioritising survivor needs

reduction in recidivism

• can reduce it

• been found offenders participating in FtF restorative justice were 14% less likely to reoffend - facing the victim may increase empathy, guilt and responsibility which reduces likelihood of future crime

• supports it as an effective rehabilitation strategy

abusing the system

• offenders may manipulate it for personal gain

• been found they may participate to avoid punishment, reduce sentences or appear remorseful - if motivation is self interest rather than genuine remorse, behaviour change is unlikely

• reduces LT effectiveness of it

domestic violence

• not appropriate for all crimes ie domestic violence

• NPCC does not support its use, arguing it may increase pressure on victims and reinforce power imbalances - victims may feel intimidated, coerced or unsafe especially when confronting abusive partners

• suggests it should not be used for all crimes limiting application