Restorative Justice

• -        Involves the offender putting right their wrong doings rather than simply punishing them by usually meeting with the victim.

  -        Victims take an active role in the process, while the offenders are required to take responsibility and face-up to what they have done. It should not cause further trauma for the victim.

  -        Enables the offender and victim to be supervised by a mediator, whilst the victim is given the opportunity to confront the offender and explain how what they have done has affected them.
• Variations of the process

  -        Usually involves face-to-face communication between the offender and victim but could also take place via video conference or letter.

  -        The offender could alternatively give payment back for stealing/destroying something or they may repair the damage themselves. This also allows for the community to see that the wrong is being rectified.

  -        It can be used as an alternative to custodial sentencing or alongside one if the offence is a more serious one.
• Aim 1:

  -        Rehabilitation of offenders

  o   The victim can explain the real impact of the crime which allows the offender to see the effects on the victim.

  o   This can better allow the offender to see the perspective of others.

  o   The active participation in RJ allows the offender to take responsibility.
• Aim 2:

  -        Atonement of wrongdoing

  o   The offender may offer compensation (money/community work) but most importantly the atonement should help them show signs of guilt.
• Aim 3:

  -        Victims perspective

  o   The victim is provided with an opportunity to be heard.

  o   This can make them feel less victimised as, though their voice, they are no longer powerless.
• -        -ve It may be seen as a soft option – the offender in some cases may remain in the community.

  o   Weakness because the victim may not feel as if there has been retribution as the prisoner is not suffering.
• -        -ve May not be suitable for all individuals (both offender and victim).

  o   Some offenders may not feel guilty for their actions, and some victims may feel incapable of forgiveness.

  o   Weakness because it is not a holistic solution to dealing with offenders.
• -        -ve Ethical issues – how might the victim feel after? Women’s aid has called for a ban on the use of restorative justice for domestic violence cases.

  o   Weakness because it may leave victims feeling that they are to blame for the offender’s action depending on the crime and possible manipulation on the part of the offender.
• -        +ve Success rate – UK restorative justice council report an 85% satisfaction from victims in face-to-face meetings.

  o   Positive because its success rate implies the validity of this practice as a way of dealing with offenders, and may cause it to be used further as a way of dealing with offenders.
• -        +ve May avoid the subculture of prison.

  o   Prisons may breed more criminality in offenders instead of rehabilitating them, so this may avoid further damage.