|
Other restorative justice programmes include
restoration, sentencing circles, and conferences.
Restoration seeks to restore the victim and/or the community
to the state of wholeness that existed prior to the offence,
(White and Haines, 2000: 177-8). There are cases where the
victims may not wish for the offenders to come to their
house, in such cases the victim’s views are respected and
alternative arrangements are made. In sentencing circles,
interested community people take part in a discussion of
what happened and what should be done to prevent further
such incidents. The community plays a vital role in these
practices, when offenders are accepted back into the
community it is for the community to monitor offender’s
behaviour. However, it can be argued that a sense of
community has become increasingly fragile and in some places
eradicated altogether, therefore these claims are not
realistic. It can further be argued that communities
themselves can be biased, members of the community may be
racist and others may be patriarchal, for example, a
patriarchal community will do little to help the victims of
sexual violence. On the other hand it can be argued that the
communities involvement in the process can help make better
decisions, this helps strengthen community bonds and can
lead to close knit communities. Also, members of the
community can provide effective ‘support and assistance’ to
victims as they proceed through the justice process and seek
recovery. ( Johnstone, 2002: 27-28).
Conferencing involves, victims, offenders, and
any other interested parties which can include, family
members, the police, social workers, and community members.
It can be argued that the family’s presence is beneficial to
victims especially if they need support. Moreover, if the
offender’s parents have neglected him or her and are
responsible for the offender’s actions they are made aware
of the consequences of neglecting their children.
Furthermore, members of the offenders family may resolve to
monitor the offender and support them from further law-
breaking and anti social behaviour, (Wright, 1996: 46-53).
It is important to note that conferencing is influenced by
Braithwaite’s theory of reintegrative shaming. He argues
that family and community shaming directed at offenders,
followed by efforts to reintegrate them is an extremely
powerful form of social control. It can be argued that
reintegrative shaming is not effective, there is no point of
the shaming the offender and accepting him or her back into
society. However, this conflicts with those who argue that
this form of shaming is effective. Adam Crawford (2000:32-3)
argues that through reintegrative shaming the conscious of
offenders will be reached and they will experience shame
about their misdeeds, as a result they will be less likely
to repeat them. It has also been argued that reintegrative
shaming is better than prison shaming. Prisons stigmatise,
shame, but fail to reintegrate, (Braithwaite, 1991: 165-8).
One of the principle popular complaints put
forward by critiques of restorative justice is that some
victims may feel that restorative justice practices are soft
on crime, especially serious crime. It can be argued that it
is not a soft option for offenders to confront victims. The
reason as to why it is seen as a ‘soft option’ is because
the objective of restorative justice is not to punish
offenders.
The point of restorative justice practices is:
‘Not to punish the offender, but to work towards the goals
of repentance, reparation, reconciliation, and
rehabilitation. Such goals are not distinct from punishment,
rather they are the proper goals of punishment itself, and
goals that can be properly achieved only through a punitive,
communicative process,’ (Duff, 1996: 82-83).
According to Duff the criminal justice process,
by segregating and ostracising offender’s renders them more
rather than a less of a threat to communities and increases
victimisation. The punitive system also drives offenders
into criminal subcultures where they become more and more
like alien enemies of the community. This is one of the
reasons why conventional justice does fairly poorly in
reducing re offending; reconviction rate for those
imprisoned is high. When released from prison, these
prisoners are likely to have become hardened and embittered
and will most likely quickly re-offend. The imprisonment of
offenders does little to assist their victims, who, in many
(or even most cases), might prefer reassurance, an apology,
reparative measures, and compensation, (Braithwaite, 1992:
53-5).On the other hand, there is some encouraging data on
the reconviction with respect to restorative justice. With
these practices victims are at less risk of being the victim
of the offender in the future, the possibility of
reconviction is reduced when certain aspects of restorative
justice are achieved.
Another important argument in relation to
restorative justice practices is that offenders lie at the
heart of the processes. It has been argued that restorative
justice practices divert attention away from the victim and
focus their attention solely on the offender. Offenders are
more involved in the process whereas victims are led into
playing councillors roles. Offenders explain why they
undertook the offence, which ultimately becomes like a
counselling session instead. In the end the victim will get
stuck in the spider web and will feel sympathetic towards
the offender. In such cases theses practices rather than
benefiting the victim work favourably towards offenders.
However, it can be argued that restorative justice cannot
simply cut offenders off and act in a totally hostile manner
towards them. These processes try and involve offenders, and
hear their views. If this was not the case and instead
offenders were segregated and ostracised they would be
rendered more rather than a less of a threat to us. They
would be driven into criminal subcultures where they become
more and more like alien enemies of the community. We lose
whatever chance there was of influencing them to behave
better and to subject themselves to various forms of
supervision and control. Therefore, especially for victims
it is wiser to strengthen the relationship with offenders
rather than weaken it, (Johnston, 2002:13-15).
In conclusion, campaigners against restorative
justice practices argue that restorative justice practices
leave victims feeling worse than before and leave untouched
a ‘hard core’ of unrepentant offenders. The real issue is
that restorative justice offers more potential than
conventional justice processes to touch the hearts and minds
of offenders and to benefit the victims involved by
effecting change. Its emphasis is positive and it provides
justification for a consensus in society. The essay
demonstrates that victims are more satisfied if they succeed
in a constructive interaction with the offender. Unlike the
punitive system restorative justice seeks to restore the
victims security, self-respect, dignity and most
importantly, sense of control. These practices can also be
seen as a more effective ways of dealing with criminal
behaviour than the court system. The victim is placed at the
heart of what happens and, indeed, many victims find the
experience positive. Restorative Justice allows the victims
to contribute directly to the process of seeking remedy and
justice. Finally, Restorative justice practices can make a
substantial contribution to victims of crime. It would be a
good idea to involve attaching restorative justice practices
to existing court procedures, they can both emerge to make
the system more effective.
BIBLIOGRAPHY:
Braithwaite, J, (1991) Crime, Shame and Reintegration,
Oxford: Clarendon Press.
Braithwaite, J, (1992) Not just Deserts-A Republican Theory
of Criminal Justice, Oxford: Clarendon Press.
Crawford, A and Goodey, J, (2000) Integrating a Victim
Perspective within Criminal Justice, Great Britain:
Dartmouth Publishing Ltd.
Davies, P, Francis, P and Jipp, V (eds) (1996) Understanding
Victimisation, Northumbria: Athenaeum Press Ltd.
Hirsch, A, Roberts, J and Bottoms, A, (2003) Restorative
Justice and Criminal Justice, Oxford: Hart Publishing Ltd.
Johnstone, G (2002) Restorative Justice: Ideas, Values and
Debates, Devon: Willan.
Jones Finer, C. and Nellis, M (eds) (1998) Crime and Social
Exclusion. Oxford: Blackwell Publishers Ltd.
Maguire, R, Morgan, R and Reiner, R (eds) (2002) The Oxford
Book of Criminology (3rd ed), Oxford: Oxford University
Press.
Marshall, C, (2001) Beyond Retribution, Grand Rapids Mich:
Eerdmans.
Marshall, T and Merry, S, (1990) Crime and
Accountability-Victim/Offender Mediation in Practice,
London: HMSO.
Mawby, R and Walklate, S (1994) Critical Victimology,
London: Sage Publications Ltd.
McLaughlin, E, Fergusson, R, Hughes, G and Westmorland, L (eds)
(2003) Restorative Justice-Critical Issues, Milton Keynes:
Open University Press.
Strang, H (2002) Repair or Revenge-Victims and Restorative
Justice, Oxford: Clarendon Press.
Strong, H and Braithwaite, J (eds) (2000) Restorative
Justice-Philosophy to Practice, Great Britain: Dartmouth
Publishing Ltd.
Walgrave, L (ed) (2002) Restorative Justice and the Law,
Devon: Willan Publishing Ltd.
White, R and Haines, F (2000) Crime and Criminology-An
Introduction (2nd ed) Oxford: Oxford University Press.
Williams, B (1999) Working with Victims of Crime-Policies,
Politics and Practice, London: Jessica Kingsley Publishers
Ltd.
Wright, M (1996) Justice for Victims and Offenders-A
Restorative Response to Crime (2nd ed), Winchester:
Waterside Press Ltd.
INTERNET:
http://www.vorp.com
(date accessed-16/11/2003).
www.concencusmediation.co.uk
(date accessed-18/11/03).
www.mediationuk.org.uk/template
(date accessed-18/11/03).
www.crimereduction.gov.uk
(date accessed-18/11/03). ".
NEWSPAPER:
Daily Mail, Friday November 14th 2003-(page 5).
1
2
BACK TO CRIMINOLOGY
|