Essay On Victim Offender Mediation

Improved Essays
Victim-offender mediation and restitution or restorative justice is a form of conflict resolution, whereas, mediation and restitution is implemented if the crime is a petty crime. This form of conflict resolution is often used instead of the court system, to help both party’s fix the issue, and/or crime. There is must research and case studies done on the subject and often show greater beneficial results then punishment in the criminal justice system. In the article on the subject of victim’s needs and empowerment by Jung Jin Choi they refer to the stigma of punishment for offenders. The state takes the place of the victim and pursues judicial proceedings, to find guilt and impart fines and/or incarceration. Some of these lesser crimes can be resolved by mediation between the victim and the offender. This offender restitution is often referred to as restorative …show more content…
The victim must explain the effects of the loss and what reparations can be made to fix the victimization and compensation for the loss that occurred. The offender must also explain their motivations behind there crime and offer the proper compensation to satisfy the victim. A scenario where these aspects of restorative justice would be fully understood would be; a young boy steals an elderly man’s dog, breaking his fence in the process. If mediation was applied then the elderly man might express that his dog was all he had and the loss devastated him, also he does not have good health to repair his fence. The victim would have stated his emotion state from the loss and that there needs to be compensation for the fence. The offender should start with an apology sometime just the words I’m sorry can help facilitate openness in the victim. The young boy might explain his motivations with being a trouble youth. Perhaps his dog passed away, and his parents are divorcing and the dog was all he

Related Documents

  • Improved Essays

    Direct Victim Case Study

    • 473 Words
    • 2 Pages

    Offender: The offender in this case study is a 10 year old boy with learning problems and no prior criminal history; he was influenced by older boys to commit the crime. He was given a final warning by the police and agreed to voluntarily receive six weekly visits by a Youth Offending Team worker to work on his behavior related to the offence (Crosland, P., & Liebmann, M. 2003). The needs and obligations of the offender were met as he took full responsibility for his part of the crime and did not try to make any excuses or devalue what he had done. According to the offender’s motives for participation in our textbook some of the offender’s reasons for participation are to talk to the victim about what happened, being able to apologize, paying restitution and putting the crime behind them and moving on (Amstutz, 2009). Aside from financial restitution the other needs or the offender listed in our textbook were met; he had a chance to speak to the victim and provide a heartfelt apology and since the victim sincerely accepted his apology he will be able to move on and put the crime behind…

    • 473 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Restorative justice makes it possible for the victims family to have closure. In addition, Kumar achieved his goal in writing a convincing argument by asking questions in his article. The questions he had about restorative justice were able to be answered clearly. Showing that restorative justice is a beneficial…

    • 857 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Although punitive approaches to criminal justice are still dominant today, the public acceptance of restorative justice programs is gradually increasing in the United States. Current restorative justice programs have made significant changes in communities all over the country, such as the Longmont Community Justice Partnership in Colorado. The main goal of this organization is to guide victims and offenders into strengthening their relationships while repairing the harm done by the crime. This restorative program has demonstrated to law enforcement administrators and the community in general how effective an approach to justice without punishment can be.…

    • 1601 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    For example, Jacquie’s mother was murdered by first time offenders who were convicted and imprisoned. However, Jacquie was emotionally devastated due to continuous court proceedings in which she had to express her victim impact statements. The restorative justice model incorporates personal values, so it was a valuable opportunity for the offenders and Jacquie to gain insight regarding the reasons for the murder and the sharing of compassion and emotions that was not possible in the state-based justice process. According to Jacquie, the experience with the restorative justice model was accommodating because it allowed the offenders to show empathy, mutual understanding, and accountability for the crimes that they have committed. Jacquie was extremely fearful and suffered from anxiety before engaging in a collaborative interaction with one of the offenders, but she noticed that the offender demonstrated great remorse and shame for his horrendous involvement.…

    • 947 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The meetings help them learn the means by which to exercise more self-control, as well as problem-solving and communication skills. Finally, restorative justice is a balanced approach compared to punitive measures in schools because it takes into consideration the needs of the victim, as opposed to only weighing what punishment is appropriate for the…

    • 959 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Some people think Restorative Justice won’t work because it's not good for the victims. However, if Restorative Justice let victims talk to their offender, then the victim and the offender would talk about what's on their mind about the problem. The text states, “But bringing them face to face with their victims may not always…

    • 385 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    In certain states the rights of the victim have been so clearly heard that sentencing focus strongly on the restoration and making whole again aspect of the criminal justice process. The concept is “Restorative Justice” (FAMM - Families Against Mandatory Minimums. (07/2011) in which goals are set forth involving victim restitution, victim-offender mediation programs, community service, and conditions of probation. In conclusion the involvement of the victim has become an integrate part of the court system, in the sentencing and the rehabilitation of the…

    • 457 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    It is for people who encounter violence. Restorative Justice helps people begin the healing process. Some may argue, that Restorative Justice may not work for all people. However,…

    • 349 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    For instance, New Zealand exercises family group conferencing and victim-offender mediation, Native Americans utilize circle sentencing, South Africa conducts conferences, and Japan carries out shaming ceremonies. Despite the differences in models of restorative justice, there are core elements and values that characterize the concept. John Braithwaite, who has written about and researched extensively restorative justice, delineates its core values as “healing rather than hurting, moral learning, community participation and community caring, respectful dialogue, forgiveness, responsibility, apology and making amends.” He hypothesizes that the process works best with “a specter of punishment in the background, but never threatened in the foreground,” illustrating that restorative justice alone might not be sufficient with all offenders, victims, or…

    • 1340 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    A brief review of the book “The Little Book of Restorative Justice,” by Howard Zehr, is based upon one idea, how should this society respond to wrong doings and what should be done with the victims and offenders? The book begins by telling us that the criminal justice system is not meeting the needs of the people with in that system, ultimately the system is failing however there still may be some good qualities. Zehr expresses that, “restorative justice is an attempt to address some of the needs and limitations,” (3) and by doing this he first tells his audience what restorative justice is not, to give us, his readers a better understanding of what it really is. Also to you could say that he does this so we can have a stronger foundation while learning what, The Little Book of Restorative Justice,” is and not being completely biased…

    • 1224 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Deterrence should be considered one of the primary objectives of the criminal justice system and criminal law because deterrence acts as a countermeasure against the probability of the occurrence of criminal acts in the future. Deterrence protects public from criminal acts because “The threat of punishment deters people from engaging in illegal acts” (Cassidy, n.d.). Restitution, on the other hand, is meant to give an opportunity to a perpetrator to rectify himself and to assimilate into the mainstream society, and such an act restores faith of the common public in the justice system, and this also provides opportunity to the justice system to refrain from providing long-term punishment mistakenly to an innocent. Retribution is a goal which must be accomplished by the criminal law in order to prohibit a perpetrator to roam free again and inflict untreatable wounds to the society. And, the objective of rehabilitation must be accomplished by the criminal justice system in order to transform a perpetrator into a responsible citizen and to thereby protect the society from yet another…

    • 1326 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    However, the definition of restorative justice points out what it is not retributive (Bull, 2009). Unlike the traditional criminal justice system, restorative justice seeks balance the needs of victims, wrongdoer and community through processes of creating positive relationships rather than punishment, and constructing a better society in the present and the future (Bazemore & Umbreit, 2001). Each Australian jurisdiction have differences objective for delivery of youth conferencing. The Australian Capital Territory legislation clearly focuses on restorative justice and responding to victims, while acknowledging the importance of strengthening families, other jurisdictions clearly focuses on accountability, procedural justice, rights of the child, responsibility, compensation and restitution. On the other hand, Northern Territory Act focus on ensuring the young offenders appropriate treatment, punishment and rehabilitation (Bull, 2009, p.189).…

    • 1216 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    1. What is the mission of corrections? The mission of the corrections has traditionally been to implement court-prescribed sentences for criminal violators or to carry out the sentence of the court. 2.…

    • 569 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    These punishments however, do not allow for the offender to truly take accountability as they do not hear or understand the hurt they have caused. In many conflict resolution practices, the principal delegates a punishment and leaves the student being punished separate from the victim. With limited understanding, there cannot be an empathetic or restorative response. Restorative justice allows for an equal voice for everyone involved, including the community and the offence, breaking down this limitation and allowing for understanding, empathy, healing and a true restorative process. Empathy is another quality that restorative justice and the Ontario School System embrace.…

    • 1673 Words
    • 7 Pages
    Great Essays
  • Great Essays

    Restorative Justice Case Study

    • 1522 Words
    • 7 Pages
    • 18 Works Cited

    Introduction: Restorative justice is the idea that harm caused by a crime can be repaired (Wallis, 2007) and that the victim and community can be restored to how it was previously, rather than resorting to punishing the offender…

    • 1522 Words
    • 7 Pages
    • 18 Works Cited
    Great Essays