restorative justice
AO1
A system for dealing with offending that focuses on rehabilitation through reconciliation with victims. It empowers survivors by giving them a "voice".
Changing the emphasis: from punishing the offender (retribution) to healing and repairing harm (reparation).
Features: the survivor confronts the offender and explains how it affected them. There are positive outcomes for both, voluntary participation, and a trained mediator. It can be face to face or remote, and community members can be involved.
Sentencing: it can be used pre-trial or alongside or instead of a sentence. Restitution includes money and repairing damage, or emotional restitution.
Restorative Justice Council (RJC): an independent body that sets standards and promotes good practice.
Strength 1
P: It has positive outcomes for survivors.
E: Nascimento et al. (2022) reviewed 35 studies and found reduced PTSD symptoms, anger and anxiety, and increased empowerment.
Ex: Survivors get closure and a voice, which traditional justice rarely gives.
L: It focuses on survivors' needs.
Strength 2
P: It reduces reoffending.
E: Strang et al. (2013) found restorative justice offenders were significantly less likely to reoffend, and Sherman and Strang (2007) found this especially for violent crime.
Ex: Offenders face the human consequences of their actions, which may build empathy.
L: It works as rehabilitation.
Weakness
P: Offenders may abuse the system.
E: Van Gijseghem (2003) argued offenders may take part for a lighter sentence or to manipulate survivors. It is also unsuitable for domestic violence (NPCC policy).
Ex: If motives aren't genuine, survivors may be harmed, and low reoffending may not reflect real change.
L: This casts doubt on its success.