MMB: Restorative Justice

Communication with the victim.

The offender gives payment as reparation.

- offender writes letter to victim
- O interacts w/ V thru video conference/face-to-face w/ impartial facilitator

As an alternative to a prison sentence, if the victim agrees.

- rehabilitation of offenders
- atonement for wrongdoing

The victim has an opportunity to explain the real impact of the crime.

They are encouraged to take responsibility for their crime, which is hoped to affect future behaviour.

- punishment = passive
- rehabilitative justice requires criminal's active participation -> changes attitudes to crime / behaviour

Offenders may offer concrete compensation for the crime (e.g. money, unpaid community work).

As the 'atonement' shows feelings of guilt.

Both enable the offender to understand the effects of the crime on the victim.

The offender can develop empathy by taking the perspective of the victim.

As they have the opportunity to express their distress (offender learns to take their perspective too).

victimisation because they are no longer powerless and have a voice.

They can listen to their account which reduces their sense of being harmed.

Wachtel & McCold (2003).

Relationships rather than punishment.

- crime harms ppl & relationships
- justice requires harm b healed as much as possible

The offender and victim only.

They recognise the effect of crimes on the wider community.

partly restorative: 1 stakeholder, e.g. gov pays financial compensation

mostly restorative: 2 SHs, e.g. offender gets therapy

fully restorative: all 3 SHs

UK Restorative Justice Council (2015) reports 85% satisfaction from victims in face-to-face meetings w/ their offenders- covered wide range of crimes from theft -> violent crime.

Dignan reports victims claim a greater sense of satisfaction than when cases go through mainstream courts.

RJ is effective from the victim's perspective.

- offender who committed crime needed
- every crime
- some victims can decline

Every crime (restorativejustice.org) but it might not be suitable for some crimes where psychopathy is involved as offender is unempathetic.

global solution

That they would feel worse afterwards, i.e. psychological harm.

They can feel the criminal showed no empathy for the harm caused so they can feel 'injured' a 2nd time.

If the criminal was offered RJ as an alternative to a custodial sentence, especially if they're not taking the procedure seriously.

- loss of self-esteem
- taken advantage of
- embarrassed by proceedings

abuses of power, e.g., victims can gang up on offender esp. if they are a child.

Victims can try to shame them, which is not the intention. The process aims to provide mutual benefits so offender should feel 'understood'.

It has a very large prison population.

Zehr (2002) says that the traditional penal system does not address the needs of victims or promote offender accountability.

£8 saved for every £1 spent on the restorative process (e.g. custodial costs, court costs, police time).

funded by fines paid by offenders, so RJ can have substantial financial benefits.

'Peace circles' were developed in communities where crime and violence is high.

To foster environment of respect so community offers support to victims & also welcomes offender into circle, enabling mutual understanding.

1. ppl sit in chairs placed in circle
2. 'talking piece' passed around circle so person can speak uninterrupted
3. 'keeper' maintains atmosphere of respect & articulates constructive solutions

Pranis et al. (2003)