Restorative justice

• RJ switches the focus from the need of the state to the needs of the survivor
• RJ is less about retribution and more about reparation. It focuses on 2 things:

  • the survivor of the crime and their recovery
  • the offender and their recovery/rehabilitation process
• Key features of RJ:

  • trained mediator supervises the meeting
  • non-courtroom setting where offender voluntarily meets survivor
  • face to face meeting
  • survivor explains how incident affected them so offender can understand
  • active rather than passive involvement from all parties
  • focus on positive outcomes for survivors and offenders
• RJ may occur pre trial and may affect sentencing. It may be given as an alternative to prison (especially if offender is young). RJ could occur while in prison as an incentive to reduce the length of the sentence
• Restitution is a monetary payment by the offender to the survivor for the harm of the offence

  • financial - offender pays
  • practical - offender does repair themselves
  • emotional - supporting healing process by helping to rebuild the survivors confidence
• The RJC sets and monitors standards, and supports survivors and specialists in the field. The RJC promotes the use of RJ principles as a general way to prevent and manage conflict
• One strength of RJ is that it supports needs of survivors. The RJC reported the results of a 7 year project. 85% of survivors said they were satisfied with the process. 78% would recommend it, about 60% said the process made them feel better about the incident, 2% said it made them feel worse. This suggests that RJ is a worthwhile experience and helps survivors of crime cope with the aftermath of the incident
• A counterpoint to supporting the need of survivors is that RJ programs are not always survivor-focussed as reported in satisfaction surveys. Survivors of crime may be used to help rehabilitate offenders, not the other way round. This suggests that the needs of the survivor may be seen as secondary to the need to rehabilitate offenders
• One strength is that rJ leads to a decrease in offending. In a meta-analysis, Strang et al found offenders who experienced RJ were less likely to reoffend though reduction was larger in cases of violent crime than property crime. Bain found lowered recidivism with adult offenders who had one to one contact with their survivor (rather than community contact). This suggest that RJ has a positive impact on reoffending, maybe more so for some types of offence than others
• One limitation is that offenders may abuse the system. The success of RJ hinges on an offender genuinely feeling regret for their actions. Van Gijseghem suggests that offenders may use RJ to avoid punishment, play down their faults or even take pride for their relationship with the survivor. This would explain why not all offenders ultimately benefit from RJ and go on to reoffend