This exam summary contains the following:
Objectives of restorative justice
Interest in restorative justice
Assessment of needs of crime victims and what they need from CJS
Restorative justice as reconceptualisation of justice
Elements, pillar and values of restorative justice
3 concepts of...
Outline the objectives of restorative justice.
• Supporting victims, giving them a voice, encouraging them to express their
needs, enabling them to express their needs, enabling them to participate in
the resolution process and offering them assistance
• Repairing the relationship damaged by the crime, in part by arriving at a
consensus on how best to respond to it
• Denouncing criminal behavior as unacceptable and reaffirming community
values
• Encouraging the taking of responsibility by all concerned parties, particularly
by offenders
• Identifying restorative, forward-looking outcomes
• Reducing recidivism by encouraging change in individual offenders and
facilitating their reintegration into the community
• Identifying factors that lead to crime, and informing authorities responsible for
crime reduction strategy
Explain the reasons for the interest in restorative justice.
• Many victims do not trust the CJS (e.g., time it takes to respond to calls, not
wanting to record a case, insensitive treatment, being offender centred, not
apprehending the offender, offender not being prosecuted).
• Victims often feel excluded from the process, despite the fact that they are the
people most affected by the crime.
• Many argue that the state owns the case and is only concerned about what
laws have been broken and that the guilty person is appropriately punished.
• Many feel that the needs of those who have suffered, whether emotional or
material are not really a matter of concern.
• In addition, it is postulated that many people realise that imprisonment is not
necessarily the answer and that retribution is not the only need of victims.
• The above-mentioned facts indicate the need for a radical reconceptualization
of justice, and that is the aim of RJ. Read this section on page 118 and 119.
By assessing the needs of crime victims, indicate what victims of crime need from
the criminal justice system.
, • -Access to justice and fair treatment
-Contact with CJS -Safety (want to be safe from perpetrator and his/her family
and know how to prevent repeat victimisation).
-Give and receive information
-Assistance and services (practical assistance, emotional support,
counselling, services and shelter).
-To have a voice.
-Validation and acknowledgement
-Restitution and apology.
-Answers to questions: Why me?
• A framework that is helpful in understanding the behaviour and emotions after
a crime is the framework developed by Zehr. This framework suggests that
the following underlying assumptions or pillars on which we build our sense of
safety, wholeness and identity are undermined when victimisation takes
place:
• -Autonomy: We need to feel that we have control over our own lives or at
least important parts of our lives. At the time or at least important parts of our
lives. At the time of a crime incident, someone takes control over the life of
another; this sense of being out of control persists as dreams and intense
feelings continue to impose themselves. This loss of control is demoralising,
and effects one’s sense of safety, identify and wellbeing
• -Order: We derive much of our sense of safety from a sense of order. A world
in which there is no discernible order feels unsafe and meaningless. This pillar
helps to explain why victims of crime often blame themselves for what
happened. In the absence of real answers, blaming the self is a way of
providing an answer and achieving a sense of autonomy. “If we attribute the
crime to something we did, we feel some control because perhaps we can
avoid that behaviour in the future, if we are to blame, at least we are not
helpless puppets: (Zehr, 2001:188)
• -Relatedness: Healthy relationships are essential for a sense of wholeness. It
is through interaction with others that we form and affirm our sense of self-
worth. Crime undermines this trust and sense of relatedness, Crime victims
become suspicious of others and, as friends and family are often not as
understanding and supportive as they might be, victims begin to feel
alienated. The web of relationships thus become distorted or even destroyed.
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