Abstract

There is considerable debate among both academics and professionals about whether restorative justice offers victims a better deal than the traditional criminal justice system. Advocates of restorative justice argue that restorative justice, which focuses on reparation of the harm suffered by the victim, is undoubtedly better equipped to respond to victims' needs than contemporary criminal justice systems. Failure by victims' advocates to embrace restorative justice has been criticised as a disservice to victims. However, victims' rights advocates are wary of the possibility that restorative justice programs are insensitive to the needs of crime victims and that they will place an additional burden on victims. Who is right? Do victims want to participate in the criminal justice process and if so, how? As Fattah (2001) suggests, the only way to resolve this debate is to ask crime victims. In this paper we present data from a study of victims of crime who were invited to participate in victim—offender mediation. In addition, procedural justice theory, which offers a theoretical framework for understanding the role that victims prefer to play in criminal justice procedures, will be presented. The paper closes with recommendations for a victim-oriented approach to criminal justice.

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