Restorative Justice: A Process of Healing and Accountability

The content explains what restorative justice is and how it differs from other philosophies of punishment. The content explores the benefits and challenges of restorative justice, such as healing, accountability, and community engagement, as well as power imbalances, cultural differences, and ethical dilemmas. The content provides some examples of restorative justice practices and programs in different contexts, such as victim-offender dialogue, family group conferencing, sentencing circles, and truth and reconciliation commissions. You can read more about restorative justice here.

Running head: RESTORATIVE JUSTICE
RESTORATIVE JUSTICE
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1RESTORATIVE JUSTICE
Restorative justice (RJ) is a process whereby parties with a stake in a specific offence
collectively resolve the ways to deal with the aftermath of the offence and its implications for
the future.1 The stakeholders for this purpose is considered to be the victim, the offender, and
the community. The restoration in this process is referred to whatever dimensions of
restoration that matter to the victims, offenders, and communities affected by the crime.2 The
values promoted by RJ is not less significant and can be listed as healing, moral learning,
community participation and community caring, respectful dialogue, forgiveness,
responsibility, apology, and making amends.3 Indeed the process is central to RJ where the
voices of victims, offender, and community representatives are heard the loudest than the
lawyers. The elements of the process are a negotiation, agreement, dialogue, and
empowerment which gives a fair outcome in the satisfaction of the stakeholders in each case
and not by comparing the outcomes of like cases.
Victim-offender mediation can be taken a form by the RJ either through direct
contact between the victim and offender or indirect contact involving third parties. Similarly,
on the agreement between offender and their victim, restitution and reparation can also be
involved. The aims of the RJ can be highlighted into three main points- (i) satisfying the
victim by ensuring that the fear has been reduced and that they feel paid back for the harm
that has been done to them, (ii)engaging with the perpetrator to ensure that they recognise the
consequence to their action, have the chance of reparation, and the make an agreement in the
plan for restoration in the community, (iii)creating community capital to ensure the
increment of public confidence in the criminal justice system and other agencies that is
responsible to deliver a response to an anti-social behaviour.
1 Van Camp, Tinneke, and Jo-Anne Wemmers. "Victim satisfaction with restorative justice: More than simply
procedural justice." International Review of Victimology 19.2 (2013): 117-143.
2 Dancig-Rosenberg, Hadar, and Tali Gal. "Criminal law multitasking." Lewis & Clark L. Rev. 18 (2014): 893.
3 Ibid.

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Comprehensively, RJ processes give an opportunity for an individually tailored solutions that
involves interactions between offender, victim and the community .This process gives
answers to the question of the victim on why they have been victimised and the further
information on the support they can get on this matter. Through this process the victims are
more likely to get an apology than at courts. In case of offenders, a unique opportunity is
offered that makes them realise and take accountability for the harm their offending has
caused.
Restorative Justice Processes in the Criminal Justice System
In the Criminal Justice System, RJ can take place at any stage of the process of the
justice that includes following the conviction or forming an integral part of any sentencing
disposal, mainly in the case of youths. As part of a diversionary process, it is currently
significant for the process to be used before the case comes to the court.
Similarly, Prosecutors are provided guidance on alternatives to prosecution for adults
and youths along with conditional cautions as a reference to s7 and 8 of the Code for Crown
Prosecutors.
Additionally, Standard 3 of the CPS Core Quality Standards encourages a speedy
reparation for victims and punish offenders or to rehabilitate by stipulating the use of out-of-
court disposals as an alternative to prosecution. In terms of adult offenders, prosecutors are
possibly more likely to contact RJ as part of a conditional caution in consideration of using
the reparative conditions. Additionally, Standard 3 of the CPS Core Quality Standards
encourages a speedy reparation for victims and punish offenders or to rehabilitate by
stipulating the use of out-of-court disposals as an alternative to prosecution. In terms of adult
offenders, prosecutors are possibly more likely to contact RJ as part of a conditional caution
in consideration of using the reparative conditions.

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Furthermore, with the intention of raising awareness of RJ amongst victims of crime, RJ was
included for the first time in the revised Victim Code that came into force on 10th December
2013. In addition to this, new section 1ZA was inserted by the part 2 of Schedule 16 of
Crime and Court Act4 into the Powers of Criminal Courts(Sentencing) Act5 that made
explicit for the court to use their power and impose an RJ requirement that allowed to defer
sentence post conviction for an RJ activity to take place. Alternatively, in order to make RJ
activity effective, the court might adjourn the sentence. Following the Crime and Courts Act6,
the presentence RJ is introduced through two separate projects where one is in the
magistrates' court that looks at the processes and other in 10-12 specific Crown Courts that
focuses on outcomes.
Similarly, since 2001 the Youth Justice Board has been promoting RJ that includes a
standard regulating RJ within its national standards and works with victims of crime. This has
widely been used in youth cases as part of a final warning or an intervention programme
following a final warning which is delivered by the youth offending service. Also, it can be
used as part of an order on conviction, such as Supervision order or referral order. In
restorative processes, a formal criminal justice disposal is not required by the public interest
which as a result make the processes effective and proportionate in response to low level
offending. Consequently, this can form part of an Acceptable behaviour that can help to
resolve offending behaviours in youth. The Criminal Justice and Immigration Act7 gives a
power to issue a youth conditional caution and gives another vehicle for the RJ approach.
4 Crime and Court Act 2013
5 Powers of Criminal Courts (Sentencing) Act 2000
6 Crime and Court Act 2013
7 Criminal Justice and Immigration Act 2008

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Restorative Justice Practice
The various types of RJ processes practice include direct or indirect restorative justice
processes, community conferencing, referral order panels, and mediation. In a direct or
indirect process, with the guidance of facilitator, victim and offender are guided to
communicate with one another. With the involvement of other people, this process can take
place through a direct face to face meeting or indirectly under the guidance of the facilitator
who acts as 'go between' in 'shuttle mediation'. Consequently, an agreement is made in the
best interest to repair the harm and a rehabilitative programme could be agreed accordingly.
Similarly, community conferencing is a larger scale conference that is used at settling
the anti-social behaviour. These conferences deals with the large number of participants
which includes perpetrators, victims, and the local community members. In this process
normally the whole community is regarded as a victim. However, if the process focuses on
the harm caused and its resolution, it is restorative.
Furthermore, in Referral order panels, to discuss the offence and the contributing
factors towards the offending behaviour, young people that receives a court referral order
attend a panel meeting . This panel consists of Youth Offending Team staff and community
volunteers. Likewise, in the process of mediation, a mediator who is an impartial third party
helps to resolve the dispute to meet an agreement. In such case, people in dispute is expected
to work out the agreement.
The core principles set out for the RJ can be seen reflected to a lesser or greater
degree on these four processes on the practical RJ. Therefore, RJ holds the significance of
being voluntary that makes usual for both victim and offender to not only have the right to
withdraw from RJ but also veto the consequence attained from the conference or circle.

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Examples of Restorative Justice Practice
Victim-offender meetings give offenders a chance to make a voluntary reparation to
their victims. These reparation does not limit to a financial compensation but extends much
further. It gives a chance to explain how the crime came about and includes the apology
where the offender responds to the victim's own story. The process of exchange can have a
therapeutic impact for victims and similarly for the offenders who have to face the reality
they have caused. Reparation may take the form of: financial payments, work for the victim,
and work for a community cause selected by the victim, specific undertakings.8 The victim-
offender mediation has social benefits such as victims needs are more comprehensively
served, including the need to be consulted, victim and offender are able to see each other as
persons rather than stereotypes, and offenders are more affected by the experience than by
formal prosecution and punishment, while being given a positive motivation to reform and a
feeling that society is ready to offer re-acceptance.9
Likewise, community support for victims which is often gotten from the victim's own
relatives or personal acquaintances is usually the most valued and the natural source of
assistance. However, only some individuals might have the availability of such assistance. In
order to fill this gap, the voluntary organisation victim support aids in supporting and
consulting victims on a local basis. In concern to the community, Victim support helps many
afflicted victims of crime to overcome the sense of loneliness and the social distrust.
Moreover, particular kinds of victims are also helped by other community groups. For
instance, this may be a woman victim from the domestic violence who is assisted by a group
namely Women's Aid or a child who is a victim of child abuse that is assisted by a childline.
A crucial part is played by these voluntary organisations to restore victims and play an
8 https://fbga.redguitars.co.uk/restorativeJusticeAnOverview.pdf
9 https://fbga.redguitars.co.uk/restorativeJusticeAnOverview.pdf

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essential part of a functioning community. Similarly, few other groups may be concerned in
the prevention of victimisation by offering training in dealing the violence and prevent the
escalation.
Furthermore, offenders of various kinds are assisted by multitude projects in different
communities with an attempt to find jobs, education, drugs or alcohol, relationship,
accommodation for homeless, promote social integration or support in isolation. Although the
provision is unsystematic and variable, it is a way of communities to be responsible for
supporting the ones that have been damaged by their past experiences.
A special group of programmes is concerned in helping communities as a whole
rather than an individual or a group to make less crime-prone. An example for an attempt to
improve the crime-prone neighbourhoods is NACRO's Safe Neighbourhoods. These
economic and community development programmes are the special examples in encouraging
communal action and responsibility, prevent communities from any crime, and generally
improving the quality of life.
However, not all the relationship have to be one way. In some programmes, offenders
are helped with a sense of responsibility and a recognition and social acceptance where the
work is carried out in their own communities. An example, for instance can be prisoners who
are allowed to work to provide a financial support to victim.
Effectiveness of Restorative Justice Process
In research, the high levels of victim satisfaction has been confirmed with mediation.
This was carried out by services adhering to accepted standards.10 A higher satisfaction is
10 Tangney, June P., ANGIE LUZIO BOONE, and ROY F. BAUMEISTER. "High self-control predicts good
adjustment, less pathology, better grades, and interpersonal success." Self-Regulation and Self-Control.
Routledge, 2018. 181-220.

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comparatively achieved on those services that focuses on direct victim -offender meetings
rather than an indirect mediation.
Following the mediation, victims are more likely to feel vindicated, certain level of
healing, and be content to the fact that the offender has not been let off to lightly. In Umbreit
and Roberts, victims who took part in mediation were less likely to feel re-victimized as
compared to the ones who did not participate11. Although the victims that participated were
not profoundly traumatised by the crime, they still valued the opportunity that could leave
some impression on the offender in support of potential future victims.
Furthermore, it is shown in the studies that the reparation agreements via meditation
are very high ranging from 70 per cent to 100 per cent. The compensation obtained through
the mediation is more likely to be paid than compared to the one issued by a court. Although
the victims may obtain something of value in meeting with the offender, the ones who are
deeply suffered from the serious offence has to be prioritised for the mediation. Therefore,
mediation should not be close to the criminal justice timetables. In many cases, mediation
might not occur until the sentencing, for example, if the offender is still in the custody.
Although mediation is shown to be a primary service for victims, it has a significant impact
on offenders and therefore has a preventive effect that could possibly make it cost-effective.
Moreover, using matched samples of offender, the Home Office research shows a
minimal positive effect in recidivism. The effect only holds for those that have direct
meetings with the victim. Since, there might be other factors that could affect continuation of
crime, it is evident that re-offending (especially for the short time) is a blunt for evaluation.
The most offenders were shown to be considerably affected on the observation of meeting,
interviews with offenders and mediators. They found facing the victim a difficult and
11 Choi, Jung Jin, Michael J. Gilbert, and Diane L. Green. "Patterns of victim marginalization in victim-offender
mediation: some lessons learned." Crime, law and social change 59.1 (2013): 113-132.

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emotional experience, and where particularly challenged by the fact that the typical excuses
they might fall back on to explain away their behaviour could no longer be maintained in the
face of the real suffering caused.12 Although, the offenders felt uneasy during the mediation,
the research has confirmed that it has been able to influence them consequently regardless.
However, the question that arose is how effectively such effects can last when offenders
return to their normal life. The result shows that the 73 offenders that were dealt by the Leeds
Victim Offender Unit during 1993-1994, had a reduction by 14 per cent in the rate of
reconvictions over the period of 2 years. However, no evidence of effect was seen on the
offenders in Milton Keynes but was seen more with the first-time offenders. Although the
mediation has not been effective in affecting the chances of re-offending, a further support
should be provided to achieve a long-lasting effect.
Additionally, the cost for the RJ process is comparatively cost -effective than
attending courts and trial. This will not only save in the financial aspects but also prevents
and save one's time from going to the court.
Issues in the development of RJ
If legal processes can provide protections to defendant from a wrong punishment and
disproportionate punishment, diversion of such for instance to a family group conference
could possibly make innocent defendants to plead guilty too. This could solely be to save
themselves from the prosecution. Similarly, victim has a right to justice where one expects
the offenders to be rightly dealt and the action for their wrongness to be condemned.
Although the participation in mediation could help to achieve this to some extent but there
are also possibilities that the outcome might not be as expected and the victim could feel
aggrieved at the outcome.
12 https://fbga.redguitars.co.uk/restorativeJusticeAnOverview.pdf

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RJ has been instituted by criminal agencies, and the primary purpose of such is to
have a more significant influence on offenders to justify diverting the offender, or reduce the
cost of dealing with the offence. Although the agencies perceive to provide greater
satisfaction to the victim, this has not been their dominant motivation. As a result, cases are
prioritised according to the nature of the offence, the offender, or the level of the case. The
biasness towards the interest of agencies or offenders has been confirmed by the research.13
Conclusively, although the RJ has managed to be effective in many cases, it still has
flaws that need to be rectified. Considering the victim and offender's rights it would be fair if
case above the certain level of seriousness should be processed in the court and community-
based processes should not be given access to extreme sanctions. In the case of voluntariness,
the persistently antagonistic offender should not be taking part in direct mediation for the
sake of the victim. There are many ways to make RJ more effective than it is. However, it
cannot be denied that RJ has its own significant outcome as mentioned above.
References:
13 Cloward, Richard A., and Lloyd E. Ohlin. Delinquency and opportunity: A study of delinquent gangs.
Routledge, 2013.

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Choi, Jung Jin, Michael J. Gilbert, and Diane L. Green. "Patterns of victim marginalization in
victim-offender mediation: some lessons learned." Crime, law and social change 59.1 (2013):
113-132.
Cloward, Richard A., and Lloyd E. Ohlin. Delinquency and opportunity: A study of
delinquent gangs. Routledge, 2013.
Crime and Court Act 2013
Crime and Court Act 2013
Criminal Justice and Immigration Act 2008
Dancig-Rosenberg, Hadar, and Tali Gal. "Criminal law multitasking." Lewis & Clark L.
Rev. 18 (2014): 893.
https://fbga.redguitars.co.uk/restorativeJusticeAnOverview.pdf
https://fbga.redguitars.co.uk/restorativeJusticeAnOverview.pdf
https://fbga.redguitars.co.uk/restorativeJusticeAnOverview.pdf
Ibid.
Tangney, June P., ANGIE LUZIO BOONE, and ROY F. BAUMEISTER. "High self-control
predicts good adjustment, less pathology, better grades, and interpersonal success." Self-
Regulation and Self-Control. Routledge, 2018. 181-220.
Van Camp, Tinneke, and Jo-Anne Wemmers. "Victim satisfaction with restorative justice:
More than simply procedural justice." International Review of Victimology 19.2 (2013): 117-
143.