Restorative justice
Restorative justice focuses on the rehabilitation of offenders through reconciliation with victims. This enables the
offender to see the impact of their crime and serves to empower victims (aka survivors) by giving them a ‘voice’.
Changing the emphasis:
Restorative justice moves the emphasis from the idea that
criminals have committed a crime against the state and the
needs of the state must be satisfied (to enforce law and
punishment) to the needs of the individual victim (to come
to terms with the crime and move on).
This therefore means that victims are encouraged to take
an active role in the process, whilst offenders are required
to take responsibility and face up to what they’ve done.
The restorative justice process: Key features of the process:
Braithwaite: ‘crime hurts, justice should heal’. 1. Focus on acceptance of responsibility
and positive change for people who
It involves a supervised meeting between the victim and harm others; less emphasis on
offender, as well as a trained mediator. The victim is given punishment.
the opportunity to confront the offender and to explain the 2. Not restricted to courtrooms
impact the crime has had on their life. 3. Active rather than passive involvement
The offender is able to see the consequences of their of all parties in the process wherever
actions. possible.
4. Focus on positive outcomes for both
survivors and offenders.
Variations of the process: The Restorative Justice Council
(RJC):
1. Doesn’t have to be face-to-face
2. Offender may pay a sum of money – may reflect the The RJC is an independent body whose role is
physical or psychological damage done to establish clear standards for the use of RJP
3. Offender may repair damaged property themselves and to support victims and specialist
4. An alternative to prison or an ‘add-on’ to professionals in the field.
community service
It prevents and manages conflict in prisons,
hospitals and schools.
Strengths Weaknesses
Tailored around the victim and the offender – however, Relies on offenders showing remorse for their actions.
this does present difficulties in terms of drawing general
conclusions about the effectiveness of the approach.
Removes prisoners from prison – stops overpopulation. May be an opportunity to get revenge – shows that RJ
programmes may not lead to positive outcomes.