the basic principles of restorative justice emphasise the needs of the individual victim - victims are encouraged to take an active role in the process, whilst offenders are required to take responsibility.
the restorative justice process
a supervised meeting between the 2 parties is organised in a non-court room way
attendance is voluntary
meeting is led by a trained mediator
the victim is allowed to confront and explain the effect
offender can see the consequences including emotional distress caused
Family and friends may feel involved
active rather than |
focuses on positive outcomes
variations of restorative justice include:
financial restitution to the victim
offender repairing damage caused
the Restorative Justice Council is an independent body that establishes clear standards for the use of restorative justice and supports the victim
One of the strengths of restorative justice is its degree of flexibility in administering it.
more flexible custodial sentencing
covers a wide range of possible application
schemes that can be adapted and tailored to the needs of the individual
HOWEVER, this presented difficulties in terms of drawing general conclusions about the effectiveness
A weakness of restorative justice is that some offenders may 'sign up' for the scheme to avoid prison rather than to make amends
the victims themselves may also have an ulterior motive - seek revenge or retribution for their own
this means that the programs may not lead to positive outcomes when participants do not agree to take part with the best intentions
Another weakness of restorative justice is that may not be the most effective solution.
specialist professionals who are trained in these matters are likely to be expensive and difficult to find
the program also suffers from high drop-out rates due to the offender or the victim 'losing their nerve' prior to the meeting