Restorative Justice: Empowering Victims and Offenders Through Mediation and Conferencing

Abstract

[Name] There are many ways to approach justice for a victim. There are the traditional models: retributive justice, and utilitarian justice. The traditional models of justice require a harsher punishment, sometimes leading to recidivism. A different approach would be restorative justice; this method provides justice for the victim and creates a safe space in the community. Research has shown that victims who are a part of the restorative justice process report fewer feelings of anger and fear. (Jonas-van Dijk, Zebel, Claessen, & Nelen & 2019) The goal is to let the offender learn about their mistake, take accountability, and take direct responsibility. The goal for the victim is to be able to get their feeling recognized. The goal for both sides is to come to an agreeable plan to recognize the harm done by the crime. There are different ways restorative justice can be used in this case. First being victim-offender meditation. This method allows for the victim to meet with the offender in a safe and hostile free environment. There would be multiple people to play different roles. First role would be the trained mediator. The mediator will hold the meeting with the admitted offender and victim. This meeting will give the victim the opportunity to share their physical, emotional, and financial impact from the crime committed. This meeting also offers the opportunity for the offender to answer any questions the victim might have. Often times victims report being fulfilled with being able to share their stories and pain from the crime. (Umbreit 2002) This method rebuilds hope and dignity to victims recovering from a crime. (Moran 2017) Another method would be Family Group conferencing. With this method it involves the victim, the offender, the victims family or any other close friends or key supporters (Umbreit 2000). This process is similar to victim offender mediation. In this case the mediator contacts the family and the victim and runs them through the process of the program. They invite them to participate in the program. The offender is required to admit to the crime committed. The offender should go into detail about the crime. Just like the victim- offender mediation; the victim is then to discuss their feels and the affects the crime had on them. This includes the effects on the family or friends. They will have the opportunity to ask any questions. They then will discuss how they can repair the harm caused. They victim is to come up with specific and reasonable outcomes to repair the damage. Once the agreement is summed up, they will all need to sign a an agreement outlining their expectations and commitments (Umbreit, 2000). A third method that can be used is Circle sentencing. This method has been used for many years by American Indian in the United States and aboriginal people in Canada. (Restorative Justice, DATE) The main goal like the other methods is to heal the affected parties. This method calls for multiple meeting made specifically for one party. For example, there would be one circle meeting for the victim and once circle meeting for the offender. Then ther5e would be a circle to discuss the sentencing and lastly one to follow up with the victim and offenders. See the comments in the text and revise accordingly. Grade: 46/50 Reference Jonas-van Dijk, J., Zebel, S., Claessen, J., & Nelen, H. (2020). Victim–Offender Mediation and Reduced Reoffending: Gauging the Self-Selection Bias. Crime & Delinquency, 66(6–7), 949–972. https://doi.org/10.1177/[phone]854348 Moran, K. L. (2017). Restorative Justice: A Look at Victim Offender Mediation Programs. 21st Century Social Justice, 4 (1). Retrieved from https://fordham.bepress.com/swjournal/vol4/iss1/4 Umbreit, M. S. (2000). Family group conferencing: implications for crime victims. University of Michigan Library. Umbreit, M. S. (2002). The Handbook of Victim Offender Mediation. John Wiley & Sons. https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/media/document/restorative_justice.pdf