The exclusion of serious and organised offenders and their victims from the offer of restorative justice: Should this be so and what happens when the offer is put on the table?

Abstract

There is scarce research evidence of restorative justice being used in the context of serious and organised crime offending. This study sought to explore the feasibility of using restorative justice by canvassing the views of experts, serious and organised crime offenders and serious and organised crime victims in England. Offenders and victims were given the opportunity to engage in a restorative justice initiative and individual cases were pursued accordingly as a series of case studies. Case studies were limited to large-scale serious and organised fraud. Stark differences in views were apparent between serious and organised crime experts and restorative justice experts, the former doubting offenders’ motivations and pointing to their dangerousness without fully considering victim perspectives. Despite high attrition rates among some offenders expressing an initial willingness to pursue restorative justice, where both parties wished to participate, sustained motivation was observed. This study highlights inequities in the way that police forces have implemented the 2015 Victims Code requirements for restorative justice in England and Wales, potentially blocking opportunities for closure, social integration and reduced reoffending.

Implementation of Restorative Justice, the Intent of Punishment, and Legal Clarity in Indonesia

“…Because it involves all pertinent parties, considers victims' needs, acknowledges harm and violence, reintegrates pertinent parties into society, and motivates and encourages offenders to accept responsibility, restorative justice cannot be separated from the judicial process and must be integrated with retributive justice. A number of factors can be taken into account, including the fact that the completion of a good legal process is placed more on the quality aspect and does not give a quantity target at the operational level, but instead seeks solutions to the delay in completing the process, and places more emphasis on prevention than handling cases within the framework of the law enforcement function (Nikki D'Souza, 2021). Government Regulation Number 43 of 2017 and Regulation Number 7 of 2018 concerning the Provision of Compensation, Restitution, and Victims to Witnesses and Victims, for instance, include specific regulations governing the treatment of children.…”