Most studies about victim-offender meetings have been performed within prison populations, with little reference to offenders diagnosed with mental disorders. In establishing the effects of such meetings, these studies often use quantitative measures. Little is known about meetings between victims and offenders with mental disorders and about the more qualitative subjective experiences of the participants regarding these meetings. In this interview study, we inquired into the subjective experiences of sixteen participants in victim-offender meetings, six of whom are victims and ten offenders of severe crimes, currently residing in forensic mental health facilities. Topics of the interviews included benefits of the meeting and perceptions of each other prior to and after the meeting. Important benefits that participants experienced from meeting each other were reconnecting with family, processing the offence and contributing to each other’s well-being. Such benefits are comparable to those mentioned in studies on meetings with offenders without a mental disorder, challenging the practice that mentally disordered offenders are often excluded from such meetings. Most victims experienced a positive change in perception of the offender owing to the meeting. They perceived the offender as a human being and associated him less exclusively with his offence. Implications for clinical practice are addressed. |
Search result: 29 articles
Article |
Meetings between victims and offenders suffering from a mental disorder in forensic mental health facilities: a qualitative exploration of their subjective experiences |
Journal | The International Journal of Restorative Justice, Issue Online First 2022 |
Keywords | Victim-offender meetings, restorative justice, forensic mental health, victimology, perception |
Authors | Mariëtte van Denderen and Michiel van der Wolf |
AbstractAuthor's information |
Article |
Restorative justice in schools: examining participant satisfaction and its correlates |
Journal | The International Journal of Restorative Justice, Issue 3 2021 |
Keywords | restorative justice, school-to-prison-pipeline, satisfaction |
Authors | Ph.D. John Patrick Walsh, Jaclyn Cwick, Patrick Gerkin e.a. |
AbstractAuthor's information |
Schools in the United States are implementing restorative justice practices that embrace student responsibility and reintegration to replace the zero-tolerance exclusionary policies popularised in the 1980s and 1990s. However, little is known about what factors are related to these and other restorative outcomes. The present study utilises 2017-2018 survey data (n = 1,313) across five West Michigan schools to determine how participant and restorative circle characteristics contribute to participant satisfaction within ordinary least squares (OLS) regression models. Findings show that several characteristics of restorative circles, including the number of participants, time spent in the restorative circle, number of times respondents have participated in a circle, and whether an agreement was reached, are significantly related to participant satisfaction. In addition, gender and participant role interact to have a significant effect on satisfaction. And models disaggregated by incident type indicate that the interaction between race and participant role has a significant effect on satisfaction, but only among restorative circles involving friendship issues. Suggestions for future research, as well as strategies aimed at improving participant satisfaction within restorative circles, are discussed. |
Notes from the field |
After three decades of restorative justice in Germany: thoughts on the needs for a strategic re-orientation |
Journal | The International Journal of Restorative Justice, Issue 2 2020 |
Authors | Gerd Delattre and Christoph Willms |
Author's information |
Annual lecture |
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Journal | The International Journal of Restorative Justice, Issue 2 2020 |
Keywords | Restorative justice, youth offenders, trauma, marginalisation, offender accountability |
Authors | William R. Wood |
AbstractAuthor's information |
In this article I explore the concept of accountability for young people in youth restorative conferencing. Definitions of accountability in research and programme literature demonstrate significant variation between expectations of young people to admit harms, make amends, address the causes of their offending, and desist from future offending. Such variation is problematic in terms of aligning conferencing goals with accountability expectations. I first draw from research that suggests appeals to normative frameworks such as accountability may not be useful for some young people with significant histories of victimisation, abuse, neglect, and trauma. I then examine problems in accountability for young people that are highly marginalised or ‘redundant’ in terms of systemic exclusion from economic and social forms of capital. These two issues – trauma on the micro level and social marginalisation on the macro level – suggest problems of getting to accountability for some young people. I also argue trauma and social marginalisation present specific problems for thinking about young offenders as ‘moral subjects’ and conferencing as an effective mechanism of moralising social control. I conclude by suggesting a clear distinction between accountability and responsibility is necessary to disentangle the conflation of misdeeds from the acute social, psychological, and developmental needs of some young offenders. |
Article |
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Journal | Erasmus Law Review, Issue 1 2020 |
Keywords | young adult offenders, juvenile sanctions for young adults, juvenile criminal law, psychosocial immaturity |
Authors | Lise Prop, André van der Laan, Charlotte Barendregt e.a. |
AbstractAuthor's information |
Since 1 April 2014, young adults aged 18 up to and including 22 years can be sentenced with juvenile sanctions in the Netherlands. This legislation is referred to as ‘adolescent criminal law’ (ACL). An important reason for the special treatment of young adults is their over-representation in crime. The underlying idea of ACL is that some young adult offenders are less mature than others. These young adults may benefit more from pedagogically oriented juvenile sanctions than from the deterrent focus of adult sanctions. Little is known, however, about the characteristics of the young adults sentenced with juvenile sanctions since the implementation of ACL. The aim of this study is to gain insight into the demographic, criminogenic and criminal case characteristics of young adult offenders sentenced with juvenile sanctions in the first year after the implementation of ACL. A cross-sectional study was conducted using a juvenile sanction group and an adult sanction group. Data on 583 criminal cases of young adults, sanctioned from 1 April 2014 up to March 2015, were included. Data were obtained from the Public Prosecution Service, the Dutch Probation Service and Statistics Netherlands. The results showed that characteristics indicating problems across different domains were more prevalent among young adults sentenced with juvenile sanctions. Furthermore, these young adults committed a greater number of serious offences compared with young adults who were sentenced with adult sanctions. The findings of this study provide support for the special treatment of young adult offenders in criminal law as intended by ACL. |
Article |
Restorative justice capacities in Middle Eastern culture and society: towards a hybrid model of juvenile justice in Palestine |
Journal | The International Journal of Restorative Justice, Issue 1 2019 |
Keywords | Hybrid model, restorative justice, non-state justice, Palestine, Middle East |
Authors | Mutaz Qafisheh and Ali Wardak |
AbstractAuthor's information |
Alongside the state juvenile justice system, various forms of non-state justice providers are strongly prevalent in Palestine. Although the state juvenile justice has evolved into a modern system, it lacks adequate human, professional and infrastructural capacities to provide effective justice to all children. This field research has identified key non-state justice providers in Palestine and reveals that they are more accessible and speedy and also place more emphasis on peacemaking and reconciliation than the state justice system. It also reveals that in the processes of justice dispensation, occasional violation of children’s rights takes place within some of the male-dominated non-state justice providers. In order to minimise rights violation, while capitalising on the restorative capacities of non-state justice providers, a ‘hybrid model of juvenile justice in Palestine’ has been developed and is proposed. It is argued in this article that the ‘hybrid model’ not only promises to provide a coherent framework of links between Palestinian state juvenile justice and non-state justice providers, but also has the capacity to minimise rights violation through proposed internal and external oversight mechanisms. It is further maintained that translating the hybrid model into practice may result in the provision of more accessible, inclusive and restorative juvenile justice to all children in Palestine. |
Article |
The adventure of the institutionalisation of restorative justice in Belgium |
Journal | The International Journal of Restorative Justice, Issue 2 2018 |
Keywords | Restorative justice, institutionalisation, penal change, Belgium |
Authors | Anne Lemonne |
AbstractAuthor's information |
At first glance, the adventure of restorative justice (RJ) in Belgium can be considered a real success story. At the turn of the 21st century, programmes oriented towards this justice model officially determined the criminal justice agenda. What were the key ideas that led to the conceptualisation of restorative justice in Belgium? Who were the main actors and agencies that carried them out? What were the main issues that led to the institutionalisation of restorative justice? What are the effects of its implementation on the Belgian criminal justice system in general? This article strives to present the main findings of a study on the basis of an extensive data collection effort and analysis targeting discourses and practices created by actors from the Belgian academic, scientific, political, administrative, social work and judicial spheres from the 1980s to 2015. |
Article |
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Journal | The International Journal of Restorative Justice, Issue 2 2018 |
Keywords | Peer mentoring, justice-involved youth, formerly incarcerated, secondary desistance, training programmes |
Authors | Mayra Lopez-Humphreys and Barbra Teater |
AbstractAuthor's information |
This article introduces a mentoring programme for justice-involved youth that utilises the unique and often overlooked resources offered by adults with a history of incarceration, and the innovative training model that aims to promote secondary desistance and restorative justice among the mentors. An examination of the generative role of peer mentoring and its overlap with restorative justice as a healing process that provides opportunities for offenders to make indirect amends that contribute to the social rehabilitation of their communities is presented. An overview of the history and anticipated aims of mentoring programmes for justice-involved youth is provided, followed by a discussion of the importance of secondary desistance in peer mentoring programmes and a review of the elements, conceptual underpinnings and anticipated benefits of the training programme for the mentors. The training programme is argued to offer approaches that support the primary and secondary desistance-orientated changes and the reparative work needed within the mentor. |
Editorial |
The EU Bill of Rights’ Diagonal Application to Member StatesComparative Perspectives of Europe’s Human Rights Deficit |
Journal | European Journal of Law Reform, Issue 2-3 2018 |
Authors | Csongor István Nagy |
Author's information |
Article |
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Journal | The International Journal of Restorative Justice, Issue 1 2018 |
Keywords | Adult reparation panels, meso-community of care, concern and accountability, reintegration, restoration, surrogate familial bonds |
Authors | Darren J. McStravick |
AbstractAuthor's information |
The community paradigm is continually cited as an important influence within restorative practices. However, this influence has not been sufficiently clarified. This article seeks to answer this conundrum by identifying a novel meso-community of care, concern and accountability that has been emerging as part of adult reparation panel procedures. This offender-centric community consists of traditionally secondary justice stakeholders led by criminal justice representative professionals including police officers and probation officials. It also includes lay volunteers and reparation programme officials dependent on state funding and cooperation. Professionalised panellists have led the development of surrogate familial bonds with offenders through the incorporation of a welfare ethos as part of case discourses. This care and concern approach has increased opportunities within case agreements for successful reintegration and rehabilitation. However, this article also acknowledges some concerns within panel processes in that, by attempting to increase accountability for harms caused, there is a danger that panellists are blurring the restorative lines between rehabilitation and genuine restoration and reparation. |
Article |
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Journal | The International Journal of Restorative Justice, Issue 1 2018 |
Keywords | Restorative justice in U.S. schools, school-based discipline, discipline gap, social justice |
Authors | Carrie Ann Woods and Martha Lue Stewart |
AbstractAuthor's information |
The purpose of this article is to explore the literature on restorative justice (RJ) as employed in educational settings and its relationship to student achievement and to present it as a model for working with high-needs populations. While there is no single measure to determine ‘need’ amongst students, the reference in this article is to particularly vulnerable populations of students, due to racial, linguistic, academic or other differences. Information sources utilised in this study were chosen based on their relevance to the application and assessment of RJ programmes implemented with youth in school systems, with a particular focus on its relevance in the context of the United States. This article points at the history of RJ and how particularly impactful such programmes can be with this target group, given the aims and desired outcomes of this philosophy. |
Article |
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Journal | Erasmus Law Review, Issue 1 2016 |
Keywords | Criminalisation of youth hanging around, culture of control, immigration and discrimination |
Authors | Thaddeus Muller |
AbstractAuthor's information |
The focus in this article is the ‘criminalisation’ of youth hanging around with the emergence of bans on hanging around. A critical social constructivist approach is used in this study, which draws predominantly on qualitative primary data collected between the late 1980s and 2010s. The article compares indigenous with immigrant youth, which coincides with, respectively, youth in rural communities and youth in urban communities. This study shows that there is discrimination of immigrant youth, which is shaped by several intertwining social phenomena, such as the ‘geography of policing’ – more police in urban areas – familiarity, sharing biographical information (in smaller communities), and the character of the interaction, normalising versus stigmatising. In further research on this topic we have to study (the reaction to) the transgressions of immigrant youth, and compare it with (the reaction to) the transgressions of indigenous youth, which is a blind spot in Dutch criminology. |
Article |
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Journal | Erasmus Law Review, Issue 4 2015 |
Keywords | civil procedure, United States, small and simple matters |
Authors | Manuel Gomez and Juan Carlos Gomez |
AbstractAuthor's information |
This article, which is based on the research conducted for the General Report ‘Relief in Small and Simple Matters in an Age of Austerity’ presented at the XV World Congress of Procedural Law, provides a contextualised and broad overview of these phenomena in the United States. After describing the general features of the federal and state judiciaries, including its adversarial model of judging, and the importance of the jury system, the article turns its attention to discuss the factors that affect the cost of litigation in the United States, the different models of litigation funding, the available legal aid mechanisms, and the procedural tools available for handling small and simple disputes. Furthermore, this article briefly revisits the discussion about the effect of austerity on the functioning of the United States legal system on the handling of small and simple matters and ends with a brief conclusion that summarises its contribution and sketches the points for future research on this important topic. |
Book Review |
Book Review |
Journal | European Journal of Law Reform, Issue 2 2014 |
Authors | Frank Emmert and Salma Taman |
Article |
Success and Failure in ADRA Dialogue between Partners |
Journal | International Journal of Conflict Engagement and Resolution, Issue 1 2014 |
Keywords | collaborative, adjudicatory, pedagogy, interdisciplinary, diversity |
Authors | Lela P. Love and Joseph B. Stulberg |
AbstractAuthor's information |
Love and Stulberg critically discuss policy, scholarly, and practice developments in four areas of program development in the area historically referenced as alternative dispute resolution (ADR): the range of process options; the impact of court procedures on ADR program development and practice; the nature of ADR scholarship and training; and the general public's receptiveness to or rejection of the normative principles that structure ADR collaborative processes. Their concluding remarks suggest that the promise of ADR, particularly of the mediation process, remains inspiring to many, even if its effective implementation remains uneven. |
Article |
The Space Protocol to the CAPE Town Convention and the Space Law Treaties |
Journal | International Institute of Space Law, Issue 2 2012 |
Authors | Mr. Paul Larsen |
Author's information |
Article |
THE DRAFT SPACE PROTOCOL AND JURISDICTION OVER COMMERCIAL SPACE ASSETS |
Journal | International Institute of Space Law, Issue 8 2011 |
Authors | Paul B. Larsen |
Author's information |
Book Review |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2008 |
Keywords | bemiddeling, delinquent, slachtoffer, strafrecht, identiteitsbewijs, strafvordering, verzoening, aansprakelijkheid, bemiddelaar, confrontatie |
Authors | K. Rozemond |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 3 2008 |
Keywords | delinquent, aansprakelijkheid, schuld, onrechtmatigheid, opzet, auto, identificatie, loon, onachtzaamheid, onrechtmatige daad |
Authors | R. Schwitters |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2006 |
Keywords | politie, bekentenis, cheque, delinquent, misdrijf, bewijslast, diefstal, inning, proces-verbaal, fout |
Authors | H. Israëls and P.J. Koppen |