TASK: Match the sentence/scenario with the theory of punishment

SENTENCE: A person convicted of multiple offences of dangerous driving has had their licence removed from them and their car

impounded.

SENTENCE: A person with a history of alcohol abuse is charged with public

nuisance while they were drunk on a night out in Fortitude Valley. They are sentenced to attend Alcoholics

Anonymous sessions.

SENTENCE: A murderer is sentenced to death.

SCENARIO: In the loading zone of a parking lot, there are signs indicating that cars will be towed away if they park there.

SENTENCE: A person who was found guilty of possession of drugs is sentenced

to prison.

SENTENCE: A group of people vandalise a local council garden show. They are

ordered to pay a fine to cover the costs of fixing the damage and complete

community service as volunteers at the garden show.

SCENARIO: A juvenile who raped another young person is participating in a

conferencing circle with the victim, the victim’s family and other parties affected

by the crime.

RESTORATIVE JUSTICE

Restorative justice recognises that crime hurts everyone – victims, offenders and the community.

The foundation of restorative justice is genuine, active accountability.

The goal of restorative justice is to help people struggling with the aftermath of a crime.

Three hallmarks of restorative justice are:1. Encounters between victims and offenders (which can be face-to face with a trained facilitator, through a third party, video or letter).2. The obligation to repair harm (this often involves restitution, an apology, changed behaviour, acts of generosity, etc.)3. The expectation that transformation may take place (where offenders can become contributing members of society, victims can become thriving survivors and communities can become more peaceful places)

Three principles underpin restorative justice:1. Crime causes harm and justice should focus on repairing that harm.2. The people most affected by the crime should be able to participate in its resolution.3. The responsibility of the Government is to maintain order and the responsibility of the community is to build peace.

Restorative Non-Restorative

Crime causes harm Crime is law-breaking

Offender accountability means taking steps towards repairing

that harm

Offender accountability means accepting the infliction of harm

The people most affected by the crime should be able to participate in its resolution

The two important parties are the defendant and the

Government

To achieve public safety it is more important to build

community peace than to increase Governmental order

To achieve public safety it is most important to increase

Governmental order.

More recently a process known as "conferencing" has emerged. Conferencing attempts to bring together not just the individuals involved in the particular criminal offence but the wider "communities of care" who may be affected. This might include anybody who has been affected by the criminal behaviour. The communities affected by a criminal act can come together to discuss and respond to what has happened. For example, the family of an offender can provide support for an offender and also describe their own "secondary victimisation" in a conference. In a conference the focus is not on a dispute but on the offence, its consequences and upon those affected and what they can do to repair the damage and minimise further harm.