Forensic - restorative justice

• Restorative Justice


  A system for dealing with criminal behaviour which focuses on the rehabilitation of offenders through reconciliation and collaboration with victims
• Restorative Justice

  • Enables the offender to see the impact of their crime
  • Empowers victims (survivors) by giving them a voice
  • Usually involves a supervised mediation meeting between the victim and the offender with a trained mediator
  • The victim is given the opportunity to confront the offender and explain the impact the crime has had on their life
  • The offender has to face up to the consequences of their actions and this starts the rehabilitation process
  • Has to be voluntary for all parties and seeks a positive outcome
  • It is respectful and not degrading for either offender or victim
• Aims of Restorative Justice

  • Rehabilitation of Offenders
  • Atonement for Wrongdoing
  • Victim's Perspective
• Rehabilitation of Offenders


  Restorative justice requires the offender to be an active participant in the process. It is tough for the offender as they have to listen to the impact of their crimes on the victim and take full responsibility for their actions. The experience should reduce the likelihood of them reoffending.
• Atonement for Wrongdoing


  Offenders may offer concrete compensation (money or unpaid work) or atone by showing genuine feelings of guilt and remorse.
• Victim's Perspective


  Restores power to the victim. Their voice is heard in the legal process and they feel that their feelings have been considered. Many who have been through the process report that it has reduced their feeling of being a 'victim' and helped them to feel safe again.
• Changing the Emphasis


  From the State to the Victim. A person convicted of a criminal offence used to be regarded as having committed a crime against the state. Restorative justice programmes switch the emphasis from the needs of the state (enforce law and punish) to the needs of the victim (to move on). Victims are therefore encouraged to take an active role, whilst offenders are required to take responsibility.
• The Restorative Justice Process

  1. A supervised meeting is organised with a trained mediator in attendance in which the victim can confront the offender and explain the impact of the crime on them

  2. The offender is able to see the consequences of their actions, including emotional distress. This is a vital part of the rehabilitation process.
• Key Features of Restorative Justice

  • Focus on acceptance of responsibility and positive change for people who harm others, less emphasis on punishment
  • Not restricted to courtrooms; 'survivors' (not 'victims') and those responsible for harm may meet face-to-face in a non-courtroom setting. Other relevant community members can also be involved
  • Active rather than passive involvement of all parties
  • Focus on positive outcomes for survivors and those responsible
• Variations


  • The offender may make financial restitution to the victim which may reflect the psychological damage caused (or sometimes physical damage)
  • If there was damage to property, the offender themselves may repair the damage
  • Restorative justice is flexible and can be an alternative to prison, or as an incentive to reduce the sentence
• The Restorative Justice Council (RJC)


  • An independent body whose role is to establish clear standards for the use of these programmes and to support the victims and the specialists in the field
  • Advocates the use of restorative practice in preventing and managing conflict in many areas including schools, children's services, workplaces, hospitals and communities, as well as prison
• Despite the enthusiastic uptake of the restorative justice programmes in many parts of the world there is a growing number of feminist commentators who take the issue with its use. In particular, the organisation Women's Aid have called a legislative ban on the use of restorative justice in domestic violence cases. Their concerns relate to the power imbalance in the relationship between the abuser and the abused and the fact that the wider community who should be offering support often resorts to blaming the victim.