Restorativejustice aims to get criminals to empathise with the victim and understand the human consequences of their crime. In doing so it is hoped that this changes their cognitions. It also provides the victim with a voice to express their feelings.
Collaboration between offenders and victims is at the heart of restorativejustice and this is fundamentally different from all other forms of punishment.
During restorativejustice an offender will meet with the victim or family to see the consequences of their actions and allow the victims to have their say.
Restorativejustice programmes are carried out by trained mediators who supervise the meeting. They are usually in a non-courtroom setting.
Restorativejustice may occur pre-trial or could run alongside a prisonsentence or offer an incentive to reduce the length of a sentence.
The RestorativeJusticeCouncil(RJC) is an independent body whose role is to establish clear standards for the use of restorative justice.
Some restorativejustice programmes do not involve the victim as they may be ordered by the court.
The RestorativeJusticeCouncil (RJC) reported the results of a 7-year research project (Shapland et al, 2008), where 85% of survivors reported satisfaction with the process of meeting their offender face to face.
Shapland et al (2008) reported 78% would recommend restorative justice to other people experiencing a similar situation.
According to Strang et al (2013) who conducted a meta-analysis of 10 studies, compared offenders who experienced face to face restorative justice with those who just experienced custodial sentencing. The restorative justice group was significantly less likely to reoffend.
Bain (2012) found lower recidivism rates with adult offenders who had experienced one to one restorative justice.
Restorative justice programmes are often relatively cheap and easy to administer.
Sherman & Strang (2007) conducted a large scale multicultural study and found that restorativejustice changed offenders perspectives and reduced recidivism.
Sherman & Strang (2007) found that victim's mentalhealth benefited from restorative justice by reducing post-traumatic stress.
Restorativejustice programmes often have high attrition rates and only work when both the victim and the perpetrator is highly motivated to complete the programme.
Wood & Suzuki (2016) argue that restorative justice is not survivor-focused but is perhaps only a way of helping rehabilitate offenders. This suggests that the needs of the survivor may be seen as secondary to the need to rehabilitate the offender.
Much of the evaluation of restorativejustice programmes depend on self-report data from victims and offenders. This information is often unreliable and can be subject to socialdesirability.
Victims are often reluctant to meet the offender, so restorative justice may not work in all cases.
In cases of domestic violence, restorativejustice may not be an appropriate way of dealing with offender behaviour.
Liebman (2016) argues the main concern with domestic abuse cases is the power imbalance, and the pressure put onto the victims. This has serious ethical implications.
It is difficult to measure the effectiveness of restorativejustice without in depth longitudinal research.
One limitation of restorativejustice is that offenders may abuse the system. Not all offenders benefit from restorative justice and may go on to reoffend.
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