Victim-offender Mediation Research Articles

Sincerity Is in the Eye of the Beholder: Using Eye Tracking to Understand How Victims Interpret an Offender's Apology in a Simulation of Victim-Offender Mediation.

The objective of this study was to gain insights into how victims use their visual attention to determine the sincerity of an offender’s apology during simulated victim–offender mediation. We hypothesized that the victims’ visual attention (gaze fixation duration) would be focused more on the offender’s upper (than lower) face area, especially the eyes and the eyebrows, to infer the degree to which the offender suffers, takes responsibility, and has empathy for the victim. In turn, we expected these inferences to positively predict the perceived sincerity of the apology. Additionally, we took into account the victims’ a priori expectations regarding the sincerity of the apology and (positive) attitudes toward resocialization programs (ARPs). We expected both variables to enhance the above proposed process through which victims determine the sincerity of the apology. Fifty-eight students took the victim’s role in a fictitious crime scenario and watched a video in which the offender offered a remorseful apology. We obtained eye tracking data to determine the participants’ fixation and attention distribution. As expected, the participants’ gaze fixated significantly longer on the upper face. The results also showed that their prior expectations, positive ARPs, and inferences of suffering and responsibility taking after the apology all positively predicted the perceived sincerity. However, unexpectedly, gaze duration was not directly associated with these inferences. The fixation duration on the upper face instead appeared to moderate how ARPs predicted inferences of responsibility taking. More concretely, the exploratory path model analyses revealed that when the participants had more positive a priori ARPs, the longer they focused on the offender’s eyes and eyebrows and the more they concluded that he took responsibility for his actions (which in turn predicted more sincerity). However, for those with relatively negative ARPs, it was the other way around: the more they focused on the eyes and the eyebrows, the stronger they inferred that the offender did not take responsibility (which predicted less sincerity). Our findings demonstrate the vital role of the victims’ a priori attitudes, expectations, and eye gaze behavior in understanding the reception and the evaluation of offenders’ apologies. This study also suggests how novel technology can be used to investigate gaze behavior in the field of victim–offender mediation.

Victim’s interests and the role of probation officers in victim-offender mediation: Theoretical analysis and the Greek juvenile justice system

The present paper focuses on the role of probation officers for juvenile offenders in victim-offender mediation and on the main challenges for the protection of victims? interests. The general nature of probation officers? duties has been characterized as ?offender-focused?. However, according to the Directive 2012/29/EU, restorative justice includes processes through which the victim and the offender can participate actively in resolving the problems that occur from the offence, with the help of an impartial third party. The Greek juvenile justice system will be examined as a case study. The analysis reveals that the Greek legislator has adopted a ?quasi-restorative? practice that promotes juvenile offenders? rehabilitation and socialization. This fact raises concerns regarding the ?legitimation? of mediation process from a victimological perspective. Special emphasis is given to the significance of the informed consent that should be provided by the victims in order to participate in the process based on the procedural justice theory.

Revisiting Juvenile Justice with Victim Lens

Juvenile offenders also remain victims of multifaceted and complex social needs, and hence termed as children in conflict with law in India. Statistically, juvenile offending as well as juvenile victimization continues to be a persistent problem too. Children being in their vulnerable age in both scenarios of offending or being victims can have long-lasting impact; consequently, emphasis on developmental victimology becomes essential and unavoidable in a structured and safe setting. The dynamics that may place a child to come in conflict with law can also place a child at risk of being a victim. Juvenile crime victimization, therefore, needs a relook towards their intertwined relationship without excluding the other. Around various jurisdictions, victimology has been given a vital role within the juvenile justice (JJ) system, namely circle sentencing, victim–offender mediation and reconciliation programmes, wherein all stakeholders including the victim move towards a collective satisfaction. Through the present study, the effort would be placed on answering the viability of victim-based approach in JJ: Whether in the absence of a safe structured setting such reconciliation and mediation programmes can prove effective towards restoration? How victim-based justice can be included in cases of violent or serious and heinous offences?

Victim–Offender Mediation and Reduced Reoffending: Gauging the Self-Selection Bias

Previous research suggests that participation in victim–offender mediation (VOM) can lower the risk of reoffending. However, no randomized controlled trials have been done to examine this effect of VOM. Given that participation in VOM is voluntary, previous studies likely suffer from self-selection bias. To address this bias, we compared reoffending rates of three different offender groups: offenders who participated in VOM; offenders who were willing to participate, but whose counterpart declined VOM; and offenders unwilling to participate (total N = 1,275). Results replicated that participation in VOM predicts lower reoffending rates and suggested that this effect is not solely due to a self-selection bias. Suggestions are made for future research to examine why VOM causes lower reoffending rates.

A Study on the Correctional Welfare Practice Involvement for the Participant of the Program based on Restorative Justice - focused on the Case served by Correctional Welfare Practice for 17 years -

This is a study on the participant in the Victim-Offender Mediation Program based on Restorative Justice in early 2001. From the time to the end of 2018, examining changes in his life for the 17 years is the research purpose. The served correctional welfare practice activities and his various life changes during the 17 period of time were analyzed in a qualitative research method. The changes in his behaviors and social adjustment were analyzed ‘within’ and ‘after the correctional institution’, and the time of ‘after the institution’ was divided into two further: ‘right after the institution’ and ‘the current time’. The results of available data collected during the 17 years show very positive changes in the released person in terms of his perception-thinking-behaviors, and he leads a normal and stable life now. This implies that a proper correctional welfare practice involvement is essential for the offenders both ‘within the institution’ and ‘after the institution’ for the significant amount of time to meet their needs and to deal with their facing problems. Secondly, the forum for victim-offender meeting and dialogue is needed for their sincere corrections stimulated by realizing their own wrong doings and for facilitating their positive changes in their behaviors and lives. For this, the appropriate environments both ‘within the institution’ and ‘in the society’ were required.

Perspectives of Juvenile Offenders Undergoing Victim-Offender Mediation with their Own Family Members: A Qualitative Study

ABSTRACTThe authors suggest that victim-offender mediation could be applied within the family contexts based on two arguments: (a) family members of offenders are also victims of the latter’s crime and (b) repairing family relationships is pivotal in juvenile rehabilitation. Therefore, the objective of this research was to assess the perspectives of 11 juvenile offenders undergoing victim-offender mediation with their family members. A thematic analysis suggests that the juvenile offenders were satisfied with the process and outcome of the mediation especially in regard to the honesty and behavior shown by their family members. The mediation sessions and feedback from the juvenile offenders are discussed. The broad satisfaction reported by the offenders, with both the program and family participation, suggests that the application of the victim-offender mediation model into the family context may provide a promising alternative avenue for the rehabilitation of offenders.

Advancing of Restorative Justice in Criminal Law in India and Germany: A Comparative Study

The need for alternative dispute resolution and its importance is not a new discovery. Various kinds of informal agreements existed throughout the world when Alternative Dispute Resolution was not legally recognized as such. It first, however, was employed only in civil cases, and criminal justice system was exempted from it. The state undertook the responsibility to impose sanctions (which is very much the case even now) in criminal matters and the idea of informal settlement in these cases arrived much later globally. This article seeks to put some light on two systems, that is, India’s accusatorial system and Germany’s inquisitorial system of trial, and how both the countries have gradually come up with alternative dispute resolution techniques, with the primary focus being the victim–offender mediation programmes (VOMPs) and plea bargaining. The article shall give an overview of the guiding principle behind these programmes, that is, restorative justice and further trace the historical development and the present situation in both the countries. This is a comparative analysis which shall put forth the best out of both and give suggestions to improve the existing situation, while taking learning lessons from both the countries.

The Impact of Participation in Victim-Offender Mediation Sessions on Recidivism of Serious Offenders.

The federal correctional agency in Canada offers victim-offender mediation services to address serious crime. The current study used survival analysis to compare revocation rates of 122 offenders who participated in facilitated face-to-face meetings to a matched sample of 122 of non-participants. Results indicated that there was no significant difference between revocation rates when offenders participated while incarcerated, although the trend was that participants did better. When the meetings were held in the community post-release, however, participants were significantly more likely to spend a longer period of time under supervision in the community without returning to custody and were less likely to be revoked than their matched counterparts. The findings support participation in restorative justice sessions while under community supervision for higher risk offenders with histories of serious and violent crimes. The authors discuss how factors not controlled in the matching procedure may have contributed to this effect.

Victim-offender mediation as an alternative to the criminal justice system in Poland

The aim of the paper is to present the views of the doctrine on the mediation and the benefits it brings to the victim, the perpetrator and society. The paper analyses the significance of implementation of the European Parliament and Council Directive 2012/29. This document, devoted to victims? rights protection, has had significant impact on introducing restorative justice provisions into the Polish Code of Criminal Procedure of 1997. The paper discusses effectiveness of mediation in the Polish criminal procedure. It also examines statistical data collected from Polish courts regarding mediation. The conclusion is that mediation does not constitute a competitive institution towards the traditional judicial system which still remains the only ?supplier? of cases for mediation in criminal matters in Poland.

Harsh Punishment or Alternatives: Which is the Better Crime-prevention?

The classical reaction to crime is punishment, then, if it does not have the effect we are looking for, still harsher sanctions. For the most part, state powers concentrate on the offender and his or her punishment, while the victim is ‘used’ as a witness in court proceedings. Empirical criminological research in recent decades has shown more and more that ‘just punish’ is not the best solution to reduce crime. Old traditional societies, such as various Native American groups in North America, had more peacekeeping-oriented approaches to crime, dealing with both the offender and the victim. The name we use for these today is ‘mediation’ or ‘restorative justice’. In the last few decades, these measures for handling crime and conflicts have been rediscovered, and they are used more and more in Western countries, with positive effects. For example, Germany’s criminal code and, especially, the country’s juvenile penal code suggest more ways in which victim–offender mediation and restitution can be used; however, legal practice shows reluctance to use the newly specified procedures. Elsewhere in Europe at state level, these techniques are used more in Western industrialised countries, less in former Eastern-bloc states. Differences can be seen also in the role of the mediator in practice: it is seen differently in some respects. Research results show clearly that mediation has a more positive effect on offenders and also victims than the ‘classical’ court procedure does, and thereby it helps more to re-establish peace in society.

Dispute Resolution in Professional Athletics: 'Re-Integrative Shaming' and 'The Best Interest of the Sport'

Athletic leagues are too often branded as criminal hotbeds, causing both leagues and players to suffer from the consequences of this misconception. Leagues, clubs, and athletes can overcome this stigma by introducing the principles of restorative justice into their dispute management and resolution systems. Individuals who engage in restorative practices, such as victim-offender mediation, circles, and conferences, witness significant advancements in the nuance of their ability to empathize. Moreover, by aligning the best interests of each party to the dispute (athlete, club, league, and community), the perception of athletics, as a whole, improves.

A path to peace: A comparative study of practitioners’ views of juvenile restorative justice in Chile, England, Italy, and Sweden

Recent attention to juvenile delinquency has led to calls for alternative approaches for youth offenders that can reduce recidivism. This research analyzes how practitioners in Sweden, England, Italy, and Chile perceive the implementation of victim offender mediation (VOM). An emphasis is given to challenges and strategies that practitioners in Sweden, England, and Italy report, in order to provide a framework for implementation of VOM in a country in the early stages of implementation and consideration, such as Chile. An instrumental comparative case study design was used to compare the four cases of VOM implementation, conducting in-depth interviews in each country with key informants about the implementation process. The results suggest that practitioners are overwhelmingly satisfied with VOM in each European country, and that their experiences can be incorporated as lessons learned for practitioners in other countries seeking to implement VOM. Implications for adapting VOM to a different cultural context are described in the discussion, as well as a critical analysis of the need for more empirical evidence and further research on VOM and its underlying philosophy of social justice and accountability.

Crime seriousness and participation in restorative justice: The role of time elapsed since the offense.

Restorative justice policies and programs aimed at facilitating victim-offender mediation (VOM) are part of many criminal justice systems around the world. Given its voluntary nature and potential for positive outcomes, the appropriateness and feasibility of VOM after serious offenses is subject to debate in the literature. In light of this discussion, this study first aimed to unravel the prevalence of serious offenses in cases registered for VOM and examined whether crime seriousness predicts whether mediated contact is reached between victims and offenders. Second, it tested the hypothesis that victims of increasingly serious, harmful crimes are more willing to participate when more time has elapsed since the offense-in contrast to victims of less serious, harmful crimes. We analyzed 199 cases registered for VOM in the Netherlands and coded the perceived wrongfulness, harmfulness, and average duration of incarceration of an offense as 3 distinct indicators of crime seriousness in these cases. The findings revealed that cases registered for VOM (a) are, in terms of the incarceration duration, on average more serious than all offenses in the population, and (b) resulted in mediated contact (or not) independently of the 3 seriousness indicators. In addition, empirical support was found for the hypothesis that victims' willingness to participate in VOM increased over time after more harmful offenses, whereas it decreased when offenses inflicted less harm. These findings suggest that when VOM programs operate irrespectively of the time elapsed after crime, mediated contact between parties may be as likely after minor and serious offenses. (PsycINFO Database Record

The decision to participate in mediation and individual factors: the role of moral foundations and their relation to restorative and retributive orientations

ABSTRACTThe present study explores people’s willingness to participate in victim–offender mediation and the role played by moral foundations and the retributive and restorative justice orientations in this decision. Participants were exposed to a burglary victimisation hypothetical scenario in order to capture the decision to participate in victim–offender mediation. Based upon our interpretation of the positive association found between the retributive and restorative orientations, our analysis revealed two clear patterns of association between, on the one hand, the fairness/reciprocity moral foundation and the restorative orientation and, on the other hand, the authority/respect moral foundation and the retributive orientation. The ingroup/loyalty moral foundation directly and negatively predicted the decision to participate in mediation, while the fairness/reciprocity moral foundation had an indirect effect on the decision, through the restorative orientation.

“You don’t have to say straight out …”: Directed Impression Management at Victim–Offender Mediation Pre-meetings

ABSTRACTBased on a study of two mediation centers in Sweden, this research shows how mediators encourage victim and offender impression management, regarding looks, attitudes, and speech. It shows how they supervise the emotion work of participants, preparing them for mediation encounters. The author investigates how mediators try to create a “balanced” interaction (e.g., preventing expressed prejudices or irresponsible attitudes between the parties). The mediation meeting is seen as an institutionalized interaction with a particular desired outcome. The suggested impression management can be seen as a corrective strategy, implying social control. This article aims to present new ways to understand the mediation process from a micro-sociological and dramaturgical viewpoint. Even if the encounter between offenders and victims is seen as the essence of restorative justice practices, analyses of the process are rare and needed. This process-based approach offers new insights for research in the fields of social science and restorative justice.

형사조정을 통한 가해자와 피해자의 관계 회복에 대한 경험적 연구

형사조정을 통한 가해자와 피해자의 관계 회복에 대한 경험적 연구

A restorative justice approach to legalising unauthorised immigrants

ABSTRACTIn this paper, the author argues for a restorative justice approach towards regularising the status of long-term residents who entered a country without authorisation or overstayed their visas. Citizens have an interest in enforcing their immigration laws. However, the author questions the benefit of incarcerating and deporting long-term unauthorised immigrant residents who are willing to make amends for their immigration offences. Here, the author examines two possible applications of restorative justice processes as alternatives to deportation for immigration offences: victim–offender mediation where there is an individual victim who is directly harmed by an unauthorised immigrant’s use of false documents; and community reparative boards to address the more diffuse harms arising from entering and remaining in a country without authorisation. As alternatives to detention and deportation, these processes may provide unauthorised immigrants an opportunity to make amends for immigration offences and...

Implementing Restorative Justice Under the Retributive Paradigm

This article explores the implementation of a pilot program in restorative justice in a medium-sized Midwestern city. Through an examination of meeting minutes, interviews, and the personal reflections of the authors, this article examines the implementation of a victim–offender mediation program, referred to throughout the article as the Fast Track Accountability Program (FTAP). Presented as a case study, the authors describe the key stakeholders, the process, the obstacles, as well as lessons learned along the way. Particular attention is given to the essential role of strong leadership and to the challenges faced when implementing such a program within the bureaucracy of the current, retributive, criminal justice system.

Crime Victims and Offenders in Mediation: An Emerging Area of Criminology and Correctional Administration

Criminologists are playing an increasing role in all fields of life, the mediation of conflict between crime victims and their offenders. By serving as community organizers, program developers and managers, trainers and mediators, Criminologists are affecting criminal justice system. In correction, Criminology not only helps individuals, groups and community to solve problems, but also assists them to prevent offending behaviour and enrich their living. So, the main focus of the Criminology is upon helping people to prevent and control crime. The Criminology usually works with clients on a conscious level, helping them to face realities and solve problems in preventing and controlling offending behaviours. Victim-offender mediation provides an opportunity for crime victims to meet the offender, talk about the offence, express concerns and negotiate a mutually agreeable restitution agreement. A brief overview of mediation process is presented in this paper. The issues related to program development and replication is also identified.

With a little help from a friend: desistance through victim–offender mediation in Belgium

ABSTRACTThis article presents the results of a study in which interviews were conducted with 25 adult men who had taken part in victim–offender mediation in the French-speaking part of Belgium and were desisting from crime. Their narratives were used to investigate: (a) whether participation in restorative justice positively influenced their journey towards desistance; (b) if so, which of the elements in victim–offender mediation supported this change process; and (c) how these elements had been helpful. The results suggest that victim–offender mediation has the potential to contribute to desistance in a modest, but significant, way. In most cases core aspects of mediation supported pre-existing desistance processes, mainly by strengthening the cognitive aspects of the process. We propose further to investigate the specific and helpful ‘presence’ of the mediator and to reflect upon the apparent absence in the mediation practice involved in the study of different types of practical support towards desistan...