Restorative Justice for Crime Victims: The Promise, The Challenge

2015 ◽  
pp. 91-104
Keyword(s):  
Restorative Justice ◽  
Crime Victims

Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Support ◽  
Crime Victims ◽  
Property Damage ◽  
Victims Of Crime ◽  
To Receive ◽  
Legislative Measures

Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

scholarly journals Victims of sexual abuse by catholic clerics and their needs for compensation

Temida ◽  
2014 ◽  
Vol 17 (3) ◽  
pp. 27-48 ◽  
Author(s):  
Deborah Hellmann
Keyword(s):  
Sexual Abuse ◽  
Restorative Justice ◽  
Emotional Support ◽  
Catholic Church ◽  
Crime Victims ◽  
Support Needs ◽  
Legal Punishment ◽  
Data Analyses ◽  
Research Findings ◽  
Victims Of Sexual Abuse

Crime victims hold several expectations regarding the compensation of the harm done to them. In this regard, it is important to distinguish between material (e.g. financial) and immaterial (e.g. emotional support) needs and forms of compensation. To explore the matching between desired and actually awarded compensation, data of a survey with N=104 victims of sexual abuse by Catholic clerics were analysed. Data analyses revealed that the respondents most often required an apology and reparation by the Catholic Church followed by wishes for financial redress. Those were in turn the needs most frequently met. The majority of the victims also desired an apology and reparation by the offender, legal punishment for the offender, and therapeutic help for themselves. However, these forms of compensation were only scarcely provided. Taking into account further victimological research, findings are discussed against the background of restorative justice.

scholarly journals Reforming the Compensation Model to Victims of Crime in Indonesia

2018 ◽  
Vol 54 ◽  
pp. 08005
Author(s):  
Hanafi Amrani
Keyword(s):  
Restorative Justice ◽  
Secondary Data ◽  
Crime Victims ◽  
The State ◽  
Literature Study ◽  
Compensation Model ◽  
State Compensation ◽  
Protection Of Human Rights ◽  
Victims Of Crime ◽  
The Ideal

Indonesia has an obligation to place the protection of human rights against all its citizens, as well as in ensuring compensation for certain victims of crime. Ironically, the conceptual issues such as the inclusion of compensation on the existence of criminals who provide restitution, the unclear technical implementation in the normative legitimacy, as well as the financial problems of the state for compensation show that the compensation for crime victims in Indonesia is still problematic. This study focuses on the ideal idea of reforming the model, form and mechanism for providing compensation to victims of crime in Indonesia. This research uses normative research with secondary data. The approach taken include philosophical, legislation and conceptual, and analyzed descriptively qualitative through literature study. The results of research are; first, the state compensation of crime victims conceptually, juridically and practically has not been able to show the effectiveness of providing compensation for victims of crime; second, reconceptualizing the compensation model through an extra-judicial path, with a material and non-material compensation shape, and using a mechanism that focuses on the involvement of all parties as the concept of restorative justice is an alternative solution to compensation for crime victims in the future.

Victim—Offender Mediation and the Gatekeeping Role of Police

2000 ◽  
Vol 2 (1) ◽  
pp. 17-32 ◽  
Author(s):  
Tim Prenzler ◽  
Hennessey Hayes
Keyword(s):  
Juvenile Offenders ◽  
Restorative Justice ◽  
Pilot Project ◽  
Crime Victims ◽  
Young Offenders ◽  
Police Discretion ◽  
Department Of Justice ◽  
Queensland Department ◽  
Discretionary Powers

This paper reports on implications for the management of police discretion arising from a Victim—Offender pilot project in Queensland, Australia. The pilot was conducted with juvenile offenders and was highly successful on a range of key outcomes related to restorative justice. However, the project suffered from very low referrals from police, and there were no referrals from the courts, partly because of magistrates' deference to police decisions. As a consequence, many crime victims and young offenders and their caregivers had no opportunity to benefit from reparation. On this basis, a recommendation was made to curtail police discretion severely by building into the case disposition process mandatory consultation regarding mediation with all victims and offenders. This posed a direct challenge to the traditional wide discretionary powers held by police in their gatekeeping role. This research was commissioned by the Queensland Department of Justice. The views expressed are those of the authors, not necessarily those of the Department.

6. Hearing the crime victim?

2015 ◽  
pp. 107-120
Author(s):  
Julian V. Roberts
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Crime Victims ◽  
Crime Victim ◽  
Criminal Proceedings ◽  
Victim Impact Statements ◽  
Adversarial Model ◽  
Criminal Justice Response ◽  
Inform Decision Making

Within the traditional adversarial model of justice, the victim often serves as the principal prosecution witness and, having served this function, plays no further part in criminal proceedings. In inquisitorial systems, the victim plays a greater role with rights for input into proceedings. ‘Hearing the crime victim?’ explains how much progress has been made in improving the criminal justice response to victims. Victims can now submit victim impact statements, which can be used to guide or inform decision-making throughout the CJS. Additional attention is paid to crime victims and they are offered more services, but are these reforms sufficient? Restorative justice initiatives are also described.

scholarly journals Restorative Justice, Crime Victims and Penal Welfarism. Mapping and Contextualising Restorative Justice Policy in Scotland

2020 ◽  
pp. 096466392096566 ◽  
Author(s):  
Giuseppe Maglione
Keyword(s):  
Restorative Justice ◽  
Policy Change ◽  
Political Context ◽  
Crime Victims ◽  
Political Factors ◽  
Policy Frames ◽  
Policy Frameworks ◽  
The Uk ◽  
Cross National

While the criminological literature is abundant in studies on the functioning and effectiveness of restorative justice, there is a lack of engagement with policy on this subject, in spite of the increasing incorporation of restorative justice into policy frameworks. This paper contributes towards addressing this gap by mapping and discussing Scottish policy on restorative justice. The focus is placed on how policy frames restorative justice around certain problems, subjects and objects, reconstructing their underlying assumptions. Additionally, the paper analyses the cultural and political context within which those representations have emerged. From this perspective, it enhances the legibility of the particularly slow and fragmentary development of restorative justice in Scotland, compared to the rest of the UK. More generally, the paper provides an original (and relevant beyond British borders) case study on the interplay between cross-national and local, cultural and political factors in influencing policy change.

scholarly journals Victimology’s debt to Nils Christie: The outlasting legacy of a free thinker

Temida ◽  
2016 ◽  
Vol 19 (2) ◽  
pp. 227-242
Author(s):  
Ezzat Fattah
Keyword(s):  
Restorative Justice ◽  
Present Article ◽  
20Th Century ◽  
Subjective Experience ◽  
Crime Victims ◽  
Accidental Death ◽  
Mental Images

The tragic accidental death of Nils Christie was a huge loss to the scholarly worlds of criminology and victimology. An old dear friend and highly esteemed colleague, Christie has been hailed as one of the most innovative criminological thinkers of the 20th century. He left an outlasting legacy to both criminology and victimology. His contributions are characterized by their creativity, their originality and their clarity. To remedy what he saw as a terrible injustice done to crime victims he outlined a court procedure that restores the participants? right to their own conflict, a procedure that provided the theoretical underpinnings of the restorative justice movement. He drew attention to the fact that victimization is not an objectively defined phenomenon but is a personal, relative and highly subjective experience. He insisted that mental images of those subjected to the same victimizing act could be and usually are quite varied. Criminology and victimology owe much to Nils Christie. The present article briefly highlights just a few of his significant contributions.

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