Restorative Justice: Principles, Issues and Debates

Overview

Restorative Justice (RJ) is a unique approach that has been recently put forward as an alternative method of dealing with offending behaviour. Instead of focusing on inflicting harm upon the offender, emphasis is on repairing the harm caused by encouraging the victim, the offender and the community to work together in dealing with the aftermath of the incident. Some of the key principles of RJ include providing a platform for the victim to express the impact of the offense, providing an opportunity to the offender to apologise to the victim and offer some form of reparation and the reintegration of the offender back into the community.

RJ’s popularity has increased in various criminal jurisdictions around the world and its use has been extended in the resolution of conflicts in schools, places of employments and other situations where conflict occurs. However, despite the growing interest in RJ theory, it remains a subject of debate in both academic and non-academic circles, particularly on whether it has a role in the criminal justice process. This module intends to explore the theory and practice of RJ as well consider the various sides of the debate on its application.

Learning Objectives

• Critically analyse the main principles of RJ theory
• Evaluate evidence relating to theoretical and empirically based arguments and data about RJ
• Demonstrate an understanding of the roles of the parties in a RJ process and the benefits they can derive from participating
• Understand the complexities involved in implementing RJ whether within a traditional criminal justice system or externally

Skills

• Develop the ability to present written reasoned arguments based on research evidence and academic texts
• To present persuasive oral arguments that are logically structured and supported with evidence via active participation in seminar groups.

Assessment

The first week of this module will first consider the issues involved in the current criminal justice process, particularly on the limited participation of the victim during trials and why current sentencing options like the prisons have not reduced re-offending. The module will then proceed to consider if RJ could provide a viable alternative by first considering the historical development and theoretical foundations of RJ as a response to offending behaviour. Students will then examine the roles of the various parties involved in the process as well as the relationship between RJ and the state. Students will also consider whether restorative justice is suitable in cases involving serious offences including domestic violence, hate crime, and even homicide. The second half of the module will proceed to examine the application of various practices associated with RJ in various jurisdictions, both within the traditional criminal justice process as well as in the international arena.

Classes will take the form of seminars. Reading lists for each seminar will be provided to the students, with the important material highlighted each week. Each seminar will be split into two, with first session commencing with each student presenting a brief summary of the relevant points in the suggested material. In the second part of the seminar, the floor will then be opened to discuss the various issues highlighted, with the lecturer acting as a facilitator, pointing out the key issues that need to be addressed and ensuring that it is the students that are driving the discussion.

The module is structured as follows:

Week 1: Introduction - Identifying Current Issues in the Criminal Justice Process

Week 2: What is Restorative Justice? (Historical Development)

Week 3: What is Restorative Justice? (Core Principles and Values)

Week 4: Stakeholders in a RJ Process (The role of the Victim, the Offender and the Community)

Week 5: Relationship between the State and RJ

Week 6: Can RJ be used in cases involving serious offences?

Week 7: RJ Models – Victim/Offender Mediation, Conferencing and Sentencing Circles

Week 8: RJ Responses in England and Wales

Week 9: RJ Conferencing for Young offenders – Using New Zealand and Northern Ireland as Case Studies

Week 10: The use of RJ in Prisons

Week 11: RJ Video Sessions, Case Studies and Role Play

Week 12: The use of RJ beyond the Criminal Justice system (Indigenous Communities, Schools, etc)