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Are all criminals evil? Once a person has committed an evil deed, can they reform themselves? Should they be forgiven? From the name restorative justice, you can tell that the intervention aims to restore the individual from a criminal to a law-abiding citizen. Not only is it used to help convicted criminals, but it also helps victims come to terms with what happened to them.
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Restorative justice is an intervention created to reduce criminal behaviour in convicted criminals, vector created by vector4stock- freepik.com.
The main goal of restorative justice is to rehabilitate offenders, a preventative measure to stop convicts from re-offending.
Restorative justice is an approach used to show offenders the damage they have caused by creating a meeting between the criminal and the victim to open a line of communication for reconciliation.
The communication will help them acknowledge and accept the damage they have caused. In addition, the approach aims to encourage the offender to make amends with the victim and community.
Other approaches in psychology, such as the psychodynamic approach, believe there are core concepts that explain phenomena. Similar to this, the restorative justice approach assumes that three core concepts are fundamental to rehabilitation; these are:
The steps are sequential; one leads to the other. If a criminal skips a stage, such as repair, the restorative justice technique is likely ineffective, and the individual is likely to re-offend. Overall, restorative justice offers victims the opportunity to seek closure, namely by asking the criminal why they broke the law and why they chose the victim to enact criminal behaviour through.
Some examples of techniques used to restore justice are:
Let's take a look at how these may be applied to real life.
Johnny and Luke have been fighting for a long time at school, and recently the fights have been getting worse. On the way home, Johnny decided to spray paint Luke's garage and throw eggs at the house. The police were called, and Johnny was detained.
As the offence is not serious enough to go to prison, the judge decided it was best that he did community service and that both Johnny and Luke worked on their issues so that the incident does not get worse and to prevent Johnny from re-offending.
From the example above, we can see that restorative justice aims to prevent people from repeatedly offending. Not only this but it can also be used to deter others from committing crimes.
When it comes to restorative justice, five components need to be met for it to be effective. And these are relationship, respect, responsibility, repair and reintegration.
An easier way to remember this is the five R's that make up restorative justice.
The restorative justice technique used should take into consideration the five R's, Vaia Original created in Canva, Sharon Thind
The Restorative Justice Council are mainly concerned with the six principles of restorative justice practice:
How restorative justice is carried out depends on the techniques used. For example, an individual may be told to do community service once a week for six months, whilst also undergoing anger management therapy.
As we have discussed, the goal of restorative justice is to prevent people from re-offending and reduce recidivism rates.
Recidivism is the likelihood of a perpetrator re-offending.
Restorative justice may decrease criminal and anti-social behaviour by ensuring that a person is held accountable for their criminal and anti-social behaviour.
Do you think simply telling a criminal off will stop them from doing the behaviour again? Most likely not.
The person needs to realise what they have done is wrong and unlearn the behaviour. Our behaviour does not change overnight; the same can be said about criminals. Instead, it is an active process that takes time, and often guidance is required; this is where anger management becomes useful.
If the restorative justice techniques are effective, then this should lead to a reduction in recidivism rates.
According to the Ministry of Justice, from July to September 2020, the proven re-offending rate is 23.9% in adults and 32.8% in juveniles. According to the report, this rate has reduced since 2019 (MoJ, 2022).1
The results indicate that punishment techniques such as restorative justice are improving, but there is still room for development.
To reduce recidivism rates, restorative justice aims to reduce criminal and anti-social behaviour and increase pro-social behaviour. Restorative justice reduces criminal behaviour by holding the offender accountable for their behaviour and trying to show them the impact their crime has had on society.
The techniques used, such as anger-management programmes, are carried out safely with professionals where the individual is treated. The purpose of this is to prevent them from feeling 'attacked'; instead, they may think that someone is on their side and put in the effort to improve their behaviour.
The above also explains how pro-social behaviour is improved. In addition, the techniques can be used to improve the individual's relations and mental state, increasing their pro-social behaviour.
Community service is a form of restorative justice used to hold offenders responsible for their criminal behaviour, vector created by redgreystock- freepik.com.
The advantages of restorative justice are:
The disadvantages of restorative justice are:
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How is restorative justice different from traditional justice approaches?
Restorative justice usually involves the victim and community to assist in the punishment process, but this is not the case in traditional justice approaches which focus more on the offender rather than the victims.
What is restorative justice?
Restorative justice is an approach used to show offenders the damage they have caused by creating a meeting between the criminal and the victim to open a line of communication for reconciliation. It aims to punish the criminal as well as reduce recidivism rates, whilst also providing closure to the victims.
Does restorative justice reduce reoffending?
Restorative justice has been linked to a 14% reduction in recidivism rates, according to RJC (however, this is relatively low).
How does restorative justice help victims?
It allows victims to meet the offender in a safe environment and come to terms with what happened, providing closure and the opportunity to question the criminal on why they committed the crimes. Usually, the offender apologises during this, which can also help victims.
What is the process of restorative justice?
Restorative justice involves organising a meeting in a safe, controlled environment with a professional mediator between the offender and the victim. The process involves repairing relationships, allowing the victim to heal, and transformation.
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