modifying criminality- restorative justice
- Created by: Elyseee
- Created on: 15-03-21 17:10
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- restorative justice
- Aims of restorative justice
- has potential to address 2 key aims of custodial sentencing - rehabilitation for offenders to prevent reoffending and atonement for wrong doing
- Rehabilitation of offenders
- victim has opportunity to explain real impact of the crime and this enables offender to understand effects on victim
- Offenders may learn to take perspective of others, reduces possibility of reoffending
- Offenders may learn to take perspective of others, reduces possibility of reoffending
- Punishment is passive process, rehabilitative justice requires active participation of criminal, may change their attitudes towards crime and their behaviour
- Atonement of wrongdoing
- offenders may offer concrete compensation for the crime (money or unpaid community service)
- Atonement is psychological by showing their feelings of guilt
- Offender can also show understanding of effects of their action
- Victim has opportunity to express their distress, provides offender chance to develop empathy by taking perspective of victim
- Victim’s perspective
- restorative justice can reduce sense of victimisation because they are not powerless and have a voice
- Victim may develop greater understanding of the offender by listening to their account, which reduces victim’s sense of being harmed
- A theory of restorative justice
- Wachtel and McCold 2003 - proposed theoretical framework. Focus should be on relationships rather than punishment, crime harms people and their relationships, justice requires that harm to be healed
- Early models focused on offender and victim only, more recent ideas recognise effect on wider community
- Involvement of 3 ‘stakeholders’ necessary for full successful restorative justice - victim seeks reparation, offender must take responsibility, community aims to receive reconciliation and to maintain a healthy society
- One stakeholder involved - partly restorative eg) if government pays financial compensation
- Two stakeholders - mostly restorative eg) offender receives full therapy
- Three stakeholders - full restoration
- Involves communication with the victim
- Offender may give payments and reparation
- Offender may write letter, may be an interaction between offender and victim eg) video conference or face to face meeting in presence of impartial officer
- Offenders offered restorative justice as alternative to prison sentence if victim has agreed
- Aims of restorative justice
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