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RJ Article Mastrocinque, Jeanna M.. Victim Input and Satisfaction: An Analysis of Victim Personal Statements.
Beginning in 2001, England and Wales implemented the Victim Personal Statement scheme, allowing victims to provide a statement to be included in their case file expressing the physical, emotional, and financial consequences of the incident and to state what information the victim wants as the case progresses through the system. The VPS was crafted with the specific expectation that victims would not use this resource as a sentencing tool, and that victims are informed of this stipulation when providing a statement. Although there are many studies regarding victim input policies in general, few studies have assessed the Victim Personal Statement scheme, likely due to this policy being relatively new and there being limited available data. This dissertation explored three aspects of the Victim Personal Statement scheme: what incident characteristics influence victims being informed of the policy, what incident characteristics influence whether victims provide a statement, and whether providing a statement influences victims’ perceptions of how the criminal justice system responded to the reported crime. This study suggests that victim age, knowledge of the offender, perceived seriousness of the crime, and injury influence whether the police inform the victim of the opportunity to make a statement regarding the incident. Additionally, victim gender, ethnicity, perceived seriousness of the incident, and resulting injury, as well as whether the incident was racially motivated, influence whether a victim provides a statement. Finally, making a statement did not have a significant relationship with victim satisfaction regarding how the police responded to the reported incident. The implications of these findings are discussed in addition to study limitations and future research directions. (Excerpt).
Located in articlesdb / articles
RJ Article Talbot, Mary E. . Public Responsiveness to Victim's Recommendations in their Sentencing Decisions: Role of Victim's Race, Victim Impact Statement and Judge's Instruction.
This research proposal is aimed at understanding the gap in justice between Caucasian victims and African American victims. The literature on Victim Impact Statements (VIS) provided in the penalty/sentencing phases in trials may provide some solutions to level the playing field. VIS serves as a voice for the victims or crime, and helps the jurors to see the victim as human being rather than a faceless victim. Studies have shown that the greater harm caused is related to greater blameworthiness of defendant (Feigenson, Park, & Salovey, 1997). Moreover, this research assesses whether the public supports restorative sentencing options for convicted offenders of burglary and aggravated battery, and whether this support generalizes to offenders who victimize African-American as well as Caucasian individuals. (Excerpt).
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RJ Article Borer, Tristan Anne. Gendered War and Gendered Peace: Truth Commissions and Postconflict Gender Violence: Lessons From South Africa.
This article argues that the South African Truth and Reconciliation Commission (TRC), whose aim was to uncover the truth of the atrocities perpetrated under apartheid and develop a framework for reconciliation, failed to reveal the truth about women's experience of sexual violence under apartheid as well as continued "peacetime" violence against women in South Africa. Although it is increasingly evident that women are vulnerable to rape by soldiers from the “other” side as a means of showing the failure of their men as protectors, it has also become clear that women are being raped by soldiers from their own country and by peacekeepers; in both cases, women are being raped by soldiers who are supposedly their protectors. The TRC failed to recognize and address this ongoing violence against women in war and postwar because of the priority given to civil and political rights violations over economic and social rights violations, the adoption of a gender-neutral approach to truth collection, and the criteria used for dispensing amnesty. This article also identifies some consequences of the failure to expose the truth about sexual violence against women during and after apartheid, including its impact on the government’s reparations policy and continued “peacetime” violence against women in South Africa. A person could only be considered a victim and eligible for reparations if he/she came forward to tell of the nature of the victimization. Many victims of sexual violence undoubtedly faced a difficult choice, i.e., to risk estrangement from their families and social exclusion, or making themselves ineligible for reparations. Thus, the TRC failed to set the stage for the creation of a peacetime democratic culture in South Africa with a firm foundation in respect for women’s rights and a priority response to women’s distinctive vulnerability to sexual assault and economic hardship. (abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov).
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RJ Article Freeman, Marsha B.. Love Means Always Having to Say You're Sorry: Applying the Realities of Therapeutic Jurisprudence to Family Law
The article discusses the history and application of therapeutic jurisprudence, particularly in its application to family law, while exploring its caveats and benefits.
Located in articlesdb / articles
File Wright, Martin. 2008. How far can and should restorative justice distance itself from criminal justice?' Workshop for conference of the European Forum for Restorative Justice. Verona, Italy, 17-19 April 2008.
To the extent that restorative justice has been implemented, it has shown very promising results: the great majority of victims are satisfied, offenders feel that the method is fair, and re-offending rates are as good or better in almost all cases. But in countries such as England and Wales restorative justice is being put into effect in a very piecemeal fashion, lacking many of the features that the full-blown philosophy would require. For example, victims are often not involved, or if they are, they are not empowered: that is, they are not given much influence on the outcome. This paper will consider to what extent this is because the delivery of restorative justice is government-controlled, or mainly done in-house by youth offending teams, probation or police. (excerpt)
Located in Full-Text Documents at RJ Online
RJ Article Abdulkadir, Rahma. Gender, Transitional Justice and Failed Statehood: Can the Somali Traditional Customary Law be the Basis for Viable and Inclusive Mechanism(s) of Transitional Justice for Somalia?
Although the localization of transitional justice may have certain advantages, such as legitimacy,critics have expressed some significant concerns about it. For instance, critics have argued that in some cases local customary or indigenous law based mechanisms of transitional justice tend to exclude women and often concentrate power in the hands of males from dominant groups. In this regard, the Somali case is interesting in so far as it combines a complete collapse of the state and a protracted civil war. In addition, the exploration of this case is important as there are very few studies that have attempted to empirically investigate it. Thus, this dissertation addresses explores the overarching research question: how can an approach of transitional justice, which takes into account Somalia’s economic, political and socio-cultural history, and is attentive to the needs of victims of human rights abuses in this country be achieved in this country? This dissertation deals with three interrelated questions that are empirically explored in three separate chapters. In answering these questions, this dissertation employs a theoretical framework and appropriate research methodologies. Further, the analyses presented show that major differences in opinion exist regarding the usefulness of the Somali traditional xeer or customary law in building a model of transitional justice among male and female respondents as well as among respondents from different regions of Somalia.(Excerpt).
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RJ Article . Trying to restore justice: Bureaucracies, risk management, and disciplinary boundaries in New Zealand criminal justice..
New Zealand is well known for its restorative justice conferences in the youth justice system. However, restorative justice has yet to overwhelm the adult criminal justice system. Based on interviews in New Zealand with correctional staff, restorative justice providers, and others, this article explores the reason for the modest inroads that restorative practice has made, and suggests that the general context may explain the limits of restorative justice in other places. The article argues that bureaucratic silos make it challenging to determine if restorative practice might fit within a rehabilitation or reintegration framework. In addition, because of the dominance of psychological modes for assessing and treating criminal behavior, an overarching preoccupation with risk management orients correctional practice toward treatment. Moreover, restorative justice’s affiliation with victims’ perspectives has made its placement within offender reintegration difficult to imagine. Finally, the penal populism that frames correctional practice in New Zealand, and other Anglophone countries, makes alternative to punishment harder to sell. However, the current liminal state of correctional practice creates an opportunity to conceive of more humanistic ways of repairing the harm caused by crime. (author's abstract)
Located in articlesdb / articles
RJ Article Miller, Noah Patrick. Community tolerance of community-based reparative boards in Vermont: A closer look at community members' tolerance of offense types.
Many people support harsh punishments for convicted offenders. Similarly there are large amounts of political resistance to any criminal justice policies that appear to be soft on crime. On the surface this is a self perpetuating circle, but when community views are probed it becomes clear they are much more complex. This article looks at respondents views on community-based reparative boards in Vermont. In particular, this study assesses their views on which offenders should go to such boards and the effects individual characteristics and victimization can have these opinions. Views were measured through a combination of frequency charts and ordinary lease squares regressions. They show that people have widely varied views on which offenders should be referred to reparative boards. Consistent with previous research, victimization status does not appear to effect respondent’s support for reparative boards. (Author's abstract).
Located in articlesdb / articles
RJ Article Morgan, Karie L. Remembering against the nation-state: Hereros' pursuit of restorative justice
One hundred years after committing a genocide, the German government offered an apology to Hereros in Namibia, thereby making a significant step towards meeting their demands for restorative justice. In combination with changes to how the genocide was understood in Namibia and in Germany, the occasion of commemorating the genocide – which offered new contexts for remembering – marked a turning point in the way this past was remembered in both countries. (Author's Abstract)
Located in articlesdb / articles
RJ Article Vazulla, Juan Carlos. The participation of the community representative in mediation involving youth perpetrators
In Brazil, the juvenile justice system includes victim-offender mediation. Now they have added a third mediator into those meetings: one that represents the community that was transgressed against.
Located in articlesdb / articles