Criminology and General Prevention

General Prevention

• General prevention aims to prevent crimes from happening in the first place, hence no victims, no offenses, and no punishment.
• It works by deterring people from committing crimes through the threat of punishment, based on psychology and conditioning mechanisms.
• Deterrence is based on intimidation, fear, and coercion, with the goal of making people obedient and respectful.

Conditions for Deterrence to Work

• The threatened consequence must be a likely one, with a high probability of punishment.
• The threat must not be excessive, as severe punishments can lead to counter-deterrence.
• Rules should be democratically established, consistent with human rights, and aimed at protecting citizens' rights.

Limitations of Deterrence

• Deterrence doesn't work with irrational or impulsive actors, such as in gender violence cases.
• It also doesn't work with offenders who act out of strong beliefs or convictions.
• Deterrence uses intimidation, which is not compatible with democratic values.

Special Prevention

• Special prevention focuses on rehabilitation and the re-entry of offenders into society.
• Rehabilitation programs rely on the participation of offenders to foster compliance.
• The goal is to create a positive example for the community, showing that people can change.

Incapacitation

• Incapacitation involves neutralizing offenders, making them physically unable to reoffend.
• This approach doesn't motivate offenders to change their behavior, but rather forces them into a state of imposed non-action.
• Neutralization can lead to problems with re-entries, as offenders may not be helped in choosing not to offend again.

Voluntary Compliance

• Democracies aim to promote voluntary compliance, where citizens choose to follow rules out of their own free will.
• This approach is based on the concept of respect for human rights and the protection of citizens' rights.

Restorative Justice

• Identifying factors that lead to crime and informing authorities responsible for crime reduction strategy.
• Restorative process encourages frank discussion of the background of the offence in a spirit of explanation rather than making excuses.

Main Types of Restorative Justice Programmes

• Victim-offender mediation programmes
• Community and family group conferencing
• Circle sentencing
• Reparative probation
• Indigenous and customary justice forums

Restorative Justice Intervention

• Can be used at any stage of the criminal justice process
• Four main points at which a restorative justice process can be successfully initiated:
  • At the police level (pre-charge)
  • At the prosecution level (post-charge but usually before a trial)
  • At the court level (either at the pre-trial or sentencing stages)
  • At the corrections level (as an alternative to incarceration, as part of or in addition to, a non-custodial sentence, during incarceration, or upon release from prison)

Process Goals

• Victims who agree to be involved in the process can do so safely and come out of it satisfied
• Offenders understand how their action has affected the victim and other people, assume responsibility for the consequences of their action, and commit to making reparation
• Flexible measures are agreed upon by the parties which emphasize repairing the harm done and, wherever possible, also address the reasons for the offence
• Offenders live up to their commitment to repair the harm done and attempt to address the factors that led to their behavior
• The victim and the offender both understand the dynamic that led to the specific incident, gain a sense of closure, and are reintegrated into the community

Principles of Restorative Justice

• Restore community order and peace and repair damaged relationships
• Denounce criminal behavior as unacceptable and reaffirm community values
• Support victims, give them a voice, enable their participation, and address their needs
• Encourage all concerned parties to take responsibility, particularly by the offenders
• Identify restorative, forward-looking outcomes
• Prevent recidivism by encouraging change in individual offenders and facilitating their reintegration into the community

Implementing Restorative Justice Programmes

• A strategic approach to implementation is recommended
• A broad consultation process is usually the best basis for the development of successful programmes
• Programme design and implementation planning should involve:
  • Criminal justice agencies
  • Social service agencies
  • Non-governmental organizations
  • Community associations
  • The private sector
• Collaborative arrangements are crucial to secure referrals from the police, gain the support of the prosecutor’s office, and other required supports.

Concerns about Encounters in Domestic Violence

• Profound dangers in encounters where a pattern of violence continues or cases are not carefully monitored
• Some argue that encounters are never appropriate, while others believe they can be powerful with appropriate safeguards
• Guiding questions of restorative justice can help sort out what needs to be done without getting stuck in the question of what the offender deserves

Signposts of Restorative Justice

• Focus on the harms of crime rather than the rules that have been broken
• Show equal concern and commitment to victims and offenders, involving both in the process of justice
• Work toward the restoration of victims, empowering them and responding to their needs as they see them
• Support offenders, encouraging them to understand, accept, and carry out their obligations
• Provide opportunities for dialogue between victim and offender as appropriate
• Find meaningful ways to involve the community and respond to the community bases of crime
• Encourage collaboration and reintegration of both victims and offenders, rather than coercion and isolation
• Give attention to the unintended consequences of actions and programs

Circle Process

• Participants arrange themselves in a circle and pass a "talking piece" around the circle to assure each person speaks one at a time
• A set of values or philosophy is often articulated as part of the process
• One or two "circle keepers" serve as facilitators of the circle
• Victims, offenders, family members, justice officials, and community members are included in the circle
• Community members are essential participants and may address situations in the community that are giving rise to the offense

Restorative Justice Models

• Not all restorative approaches involve a direct encounter, and not all needs can be met through an encounter
• Victims have needs that involve the offender, and also needs that do not
• Offenders have needs and obligations that have nothing to do with the victim
• Models differ in their goals, including identifying factors that lead to crime and informing authorities responsible for crime reduction strategy

Use of Restorative Approaches

• Restorative justice programmes complement rather than replace the existing criminal justice system
• A restorative intervention can be used at any stage of the criminal justice process
• There are four main points at which a restorative justice process can be successfully initiated: police level, prosecution level, court level, and corrections
• In some countries, restorative interventions are possible in parallel to the prosecution
• Restorative processes can also be initiated instead of bringing a particular crime or conflict to the attention of the criminal justice system

Programmes

• Victim-offender mediation programmes are designed to address the needs of crime victims while guaranteeing offenders feel responsible for their offending
• Programmes can be operated by governmental agencies and not-for-profit organizations and are generally restricted to cases involving less serious offences
• Referrals may come from the police, prosecutors, courts, and probation offices
• Programmes can operate at the pre-charge, post-charge/pre-trial, and post-charge stages and involve the free participation of the victim and the offender