This thesis addresses the role of victims in our criminal justice system and the shortcomings they perceive in the way they are treated. It examines whether restorative justice can offer then more justice that they receive from the formal court-based system.
Before the rise of the modern state, restorative justice was the dominant model of resolution for disputes and criminal actions. However, the victim’s role in Western criminal justice declined over time, until only a vestigial and debased part as a witness for the prosecution remained. Research into the shortcomings of the court-based system has identified a number of issues that victims want to address. In brief, they are found to want a less formal process where their views count, more information about both the processing and the outcome of their case is dealt with, fairer and more respectful treatment, and emotional as well as material restoration as an outcome. Over the three decades, the victim movement worldwide has agitated for an enhanced role of victims in criminal justice. Despite some successes, it appears that structural as well as political factors may mean that victims have won as much as they are likely to gain form formal justice.
The Reintegrative Shaming Experiments (RISE) in Canberra provide an opportunity to compare the impact on victims of court-based justice with a restorative justice program known as conferencing. This randomised controlled trial assigned middle-range property and violent offences committed by young offenders either to court (as they would normally have been treated) or to a conference. The study achieved a love level of treatment crossover (three percent) and a high victim interview response (85 percent).
With material restoration...
The public nature of child abuse crime (domestic violence, maltreatment and sexual crimes) implies the opening of a criminal enquiry as soon as facts likely to be considered as such are known. Professionals who suspect of these cases are considered mandatory reporters as is the case of health care professionals. The work with abused children and youth involves several courses of action between institutions, namely as to the starting procedures to follow in case triage, reporting of suspicion, diagnosis and preservation of evidence for penal purposes, as well as to the protection of the victim(s), all of which still lack a clear definition in Portugal. Several professionals often take part simultaneously in these early procedures and it is crucial that their own personal intervention be articulated with one another's. With the aim of promoting that adequate articulation between the professionals and the acting services, technical orientations to be followed have to be established, namely as far as the articulation between the medicolegal services and the health care services are concerned. These orientations should aim at: ruling the reporting of the occurrence in good time; guarantee an appropriate collection of evidence; guarantee good medical procedures in medical exams and evidence collection; avoid repetition of exams of the victims...
À la suite d’un crime, les victimes vont ressentir différents besoins et celui d’être informé serait fondamental (Baril, 1984). Les recherches ont permis d’établir que les policiers ont un rôle important à jouer dans la transmission des informations aux victimes puisqu’ils sont les premiers acteurs du système pénal avec lesquels celles-ci sont en contact (Laxminarayan, 2013). De plus, la perception des victimes quant à la façon dont elles ont été traitées par les policiers peut avoir un impact significatif sur leur rétablissement psychologique. Cette étude a pour but de mesurer l’effet thérapeutique des interactions entre les victimes et les policiers ainsi que de la transmission des informations aux victimes à la suite d’un crime sur l’état de stress post-traumatique (ÉSPT). Pour ce faire, l’instrument qui a été administré aux participants (n=188) est l’Échelle modifiée des symptômes du trouble de stress post-traumatique. Cet instrument est une version adaptée et validée en français (Guay, Marchand, Iucci et Martin, 2002) de l’échelle MPSS-SR élaborée par Falsetti, Resnick, Resick et Kilpatrick (1993). Cette échelle permet d’évaluer la présence des symptômes de stress post-traumatique en terme de fréquence et de sévérité. Les résultats de l’étude montrent que l’information est un déterminant important d’un traitement juste et la qualité de ce traitement à un effet thérapeutique sur les symptômes de stress post-traumatique. Une discussion des résultats dans une perspective plus globale concernant les théories en victimologie sur la perception de justice...
Dowling, Nicki A; Jackson, Alun C; Suomi, Aino; Lavis, Tiffany; Thomas , Shane A; Patford, Janet; Harvey, Peter; Battersby, M; Koziol-McLain, Jane; Abbott, Max; Bellringer, Maria E
Fonte: Pergamon PressPublicador: Pergamon Press
Tipo: Artigo de Revista Científica
Relevância na Pesquisa
The primary aim of this study was to explore the prevalence and patterns of family violence in treatment-seeking problem gamblers. Secondary aims were to identify the prevalence of problem gambling in a family violence victimisation treatment sample and t
The participation of victims of crime in the judicial process can have many repercussions on their
recovery. Many authors have interested themselves in the psychological impact that victims of violent
criminal acts endure after their contact with the police and the criminal jn the subject seem to be
Objective and method: The authors conducted a systematic review to examine how different
variables related to the judicial and criminal process may have psychological effects on victims of
violent criminal acts. The following words were utilized in the search within three databases: Crime
victims, victims of crime, Mental health, well‐being, psycholog*, Criminal justice proceeding, criminal
justice, court, police, criminal procedures. The systematic review included 14 articles. The quality of
the studies was assessed with the critical list Critical Review Form – Quantitative Studies (Law et al.,
Results: Many studies suggest a significant and positive relationship between negative experiences
within the criminal process and psychological distress for victims, namely for victims of sexual assault.
They concluded that these victims were at risk for increased post‐traumatic stress symptoms and
therefore face secondary victimisation when they participate in the judicial system. Other studies
highlight significant correlations between procedural justice and positive psychological effects as
perceived by victims of violent criminal acts. Finally...
This study examines the adaptation pathways followed by the children of immigrants who arrived in Greece in the 1990s. Its main objective is to assess these youths' vulnerability to assimilation into the marginalised and deviant segments of the host-society. It draws primarily from a inner-city school-survey, interviews with secondary-school students of immigrant parentage, and young defendants of foreign nationality who were contacted at the Juvenile Court of Athens. The research examines, first, the extent to which immigrant-origin youths experience segregation along 'ethnic' lines, the gravity of ethnicised conflict in inner-city milieus, and the impact of victimisation by violent racism. Second, it explores young newcomers' involvement in violence, delinquency and drug use. Finally, it considers their treatment by the police, and their processing by the youth justice system. The study finds that the most serious forms of ethnicised violence and aggressive racism were related to an initial phase of contact, which was marked by widespread xenophobia and conflict between indigenous and foreign-born youths. Despite the hostile elements of the reception regime, there is no evidence that any sizeable group of immigrant-origin youths has adopted an 'adversarial outlook' which might resist interaction with broader society. By contrast...
This paper will discuss how various programmes support the teaching of the Holocaust through evidence. The Holocaust also provides an ideal backdrop for a study of racism, victimisation and persecution. Mindful of the difficulty of comparing historical events, we nonetheless maintain that of a study of the Holocaust can show the learner evidence of the negative impact of racism, oppression, persecution, prejudice, stereotyping and victimisation in any society. We argue that the study of the Holocaust can encourage the learner to resist racism, discrimination and xenophobia, and develop empathy with the victims of prejudice. In so doing, learners can come to an understanding of their role as active members of the society, and those of others as bystanders or collaborators. We maintain that this aim is defeated when the educator or facilitator fails to provide enough evidence that will elicit empathy, understanding and develop this sense of agency among the learners. History is explored as an evidential study using various sources ranging from primary ones like photographs, artifacts, documents as well as secondary sources. To this end this complex study is brought to life through the use of evidence provided, and the learners learn valuable skills.