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


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