A01: Restorative Justice - Dealing with offending behaviour

• What is RJ?

  Offender & Survivor meet face to face/online to discuss the crime & its impacts

  
  

  Aims to provide an opportunity to explain the impact of the crime while acknowledging any harm caused.

  • Focus on acceptance of responsibility and positive change for people who harm others (less emphasis on punishment)

  RJ Focus on:

  • The survivor & their recovery - prioritising their needs
  • The offenders & their rehabilitation through reconciliation
• Key features of RJ:

  RJ programmes can be diverse but most share key features:

  • Trained mediator supervised the meeting
  • Meeting in non-courtroom setting where offender voluntarily meets with survivor(s)
  • Face-to-Face meeting or remotely/online (video link)
  • Survivor explains how crime affected them, offender can see/understand impacts
  • Both parties need be actively involved for success rather than passive involvement if possible
  • Focus of + outcomes for both parties
  • Sometimes other relevant community members may be involved and explain consequences (e.g. neighbours, friends, family members)
• Individual vs state

  • Historically a person convicted of a criminal offence would have been regarded as committing a crime against the state

  Key purpose: In contrast RJ programmes change the emphasis from the need of the state (law enforcement & punishment) to the needs of the survivor (to feel compensated in some way & come to terms with the crime).
• A healing process

  RJ is less about 'retribution' - that is, punishing the offender.

  More about 'reparation' - repairing the harm caused.

  
  

  
  

  RJ seeks to focus on 2 things:

  • The survivor (victim) of the crime and their recovery.
  • The offender and their recovery/rehabilitation process

  
  

  Focus on acceptance of responsibility and positive change for people who harm others (less emphasis on punishment)
• Sentencing

  • RJ may occur pre-trial and may affect/be considered in sentencing
  • It may be given as an alternative to prison (especially if the offender is younger) or a way to reduce sentence if already in prison.
  • RJ could occur while in prison as an incentive to reduce the length of a sentence
• Restitution

  Restitution is a monetary payment by the offender to the survivor for harm from the offence

  • Financial 'repayment' - offender pays, monetary award to reflect damage
  • Practical - offender does repair themselves
  • Emotional - support survivor's healing process by helping to rebuild the survivors confidence/self esteem
• The RJC

  Restorative Justice Council (RJC) is an independent body who oversees the use of RJ.

  It sets & monitors standards and supports survivors and specialists in the field.

  • The RJC promotes the use of RJ principles ad a general way to prevent and manage conflict e.g. in schools, workplaces & communities
  • Supports survivors & trained professional
  • RJC advocate for use of RJ in other settings like schools & workplaces tec
• Summary of RJ?

  • What is it?
  • Key Features?
  • Individual vs State
  • Healing Process
  • Sentencing
  • Restitution
  • The RJC