Restorative Justice: An unwanted invitation for tea and biscuits?

<p>On 6 December 2014 legislation mandating the consideration of restorative justice prior to sentencing was brought into effect. If an offender pleads guilty in the District Court to an offence where there is one or more identifiable victims then their case must be assessed to see whether a meeting between the offender and victim should be arranged, whereby both parties can discuss the cause and impact of the offending. Critics have been quick to comment on the “mandatory” nature of the legislation, the perception that it is “offender driven” and have highlighted the fact that participation by the offender may lead to a more lenient sentence. This essay responds to recent media reports which criticised the new legislation for the reasons noted. A particular focus is the idea that restorative justice is offender driven and therefore contrary to the purported philosophy of placing the victim at the centre of the justice system.</p>

Restorative Justice: An unwanted invitation for tea and biscuits?

<p>On 6 December 2014 legislation mandating the consideration of restorative justice prior to sentencing was brought into effect. If an offender pleads guilty in the District Court to an offence where there is one or more identifiable victims then their case must be assessed to see whether a meeting between the offender and victim should be arranged, whereby both parties can discuss the cause and impact of the offending. Critics have been quick to comment on the “mandatory” nature of the legislation, the perception that it is “offender driven” and have highlighted the fact that participation by the offender may lead to a more lenient sentence. This essay responds to recent media reports which criticised the new legislation for the reasons noted. A particular focus is the idea that restorative justice is offender driven and therefore contrary to the purported philosophy of placing the victim at the centre of the justice system.</p>

Statistical vs. Identifiable Victims in Donation Appeals

Faunalytics’ latest experiment investigated whether messages and donor characteristics can increase donations to farmed and companion animals.

Helping secondary victims: The influence of vividness and ‘transfer’ of sympathy

The assertion that people are more likely to help identified as opposed to unidentified victims has not been investigated among secondary victims. This experimental study examined a) whether identifiability predicted changes in observers’ sympathy for a secondary victim; b) whether sympathy for a single primary victim is transferred as helping behaviour to a secondary victim and c) whether sympathy mediated the relationship between identifiability and helping behaviour. The sample comprised 130 undergraduate students at a university in Kenya. Their age ranged from 20 to 24 years (M = 22.09). Data were collected using a questionnaire and analysed using SPSS 25. Significant gender differences in helping, significant differences in sympathy and helping by identifiability were found. Sympathy significantly mediated the influence of identifiability on helping. Findings provide support for the role of identifiability and affective reactions in decision making concerning helping indirect victims. Future directions are discussed. Keywords: Helping; identifiable victims; secondary victims; sympathy; vividness.

When Helping the Victim Matters More Than Helping a Victim

Consequentialists insist there is no rational basis for distinguishing between determinate (or identifiable) victims and indeterminate (or statistical) victims. Whether it's a child drowning at our feet or needy communities abroad, our reason to help is the same. Experimental data indicate, however, that we regularly make such distinctions. In this article, I show that there are indeed persuasive normative grounds for preserving this distinction. When potential beneficiaries are determinate, they have a special claim on us grounded in fairness. I present several cases that demonstrate that treating determinate beneficiaries the same as indeterminate beneficiaries is unjust. I conclude with an analysis of the relevant social psychology data.

Using Financial Incentives and Income Contingent Penalties to Detect and Punish Collusion and Insider Trading

Collusion and insider trading, being white collar crimes, are often characterised as being victimless crimes. The absence of identifiable victims makes the detection of these crimes particularly difficult. This paper proposes that, in order to increase the flow of information about collusion and insider trading, parties engaged in these crimes should be offered financial incentives to provide evidence against their co-conspirators. In order to provide greater certainty that rewards will be paid, and also to increase the probability that any fines are paid, it is also proposed that an income-contingent fine collection mechanism be utilised. The paper presents two case studies to illustrate how the fine collection mechanism could be used.

Expanding Tarasoff: Protecting Patients and the Public by Keeping Subsequent Caregivers Informed

A California appellate decision uses a Tarasoff analysis to remind mental health professionals that they have a duty to communicate serious threats and known dangers not only to their patients' readily identifiable victims but also to their patients' subsequent caregivers. It also serves notice that the Tarasoff duty can be extended to threats of suicide. Positing a hierarchy of threats and duties implied in the laws that make therapists responsible for intervening to prevent their patients from doing harm, the author suggests courses of action for each step of the hierarchy. The more dangerous the patient, the more aggressive is the expected intervention on the part of the therapist.

Changes in Equal Employment Enforcement: What Enforcement Statistics Tell Us

The Reagan administration has been accused of setting back civil rights enforcement. This article reviews available data on the administration's enforcement efforts and discusses changes in emphasis, tone, and types of cases pursued. An emphasis on identifiable victims and a movement away from more punitive measures is apparent. Moreover, the large budget cuts and the administration's antipathy to goals and timetables raise questions concerning the “quality” of enforcement.