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Court as Last Resort: Victim-Sensitive, Community-Based Responses to Crime

NCJ Number
196416
Journal
British Journal of Criminology Volume: 42 Issue: 3 Dated: Summer 2002 Pages: 654-667
Author(s)
Martin Wright
Date Published
2002
Length
14 pages
Annotation
This paper considers the claimed benefits for victims in restorative justice processes.
Abstract
In assessing what restorative justice theoretically offers to victims, this article focuses on how these intentions are, or might be, incorporated into current restorative justice practice; it also assesses recent legislation in the United Kingdom in this context. The author accounts for the discrepancies between the ideal and the implementation and suggests an agenda for more victim-sensitive justice. The discussion features those cases in which there is an identifiable victim (including employees of a victimized organization) who has suffered appreciable loss or distress, and in which the offender is known. In assessing the achievement of victim benefits in restorative justice processes such as mediation/conferencing, the author argues that victim benefits can best be achieved by focusing on three overlapping areas: the structure for the delivery of services, mediation practice, and the arrangements for dealing with cases in which mediation is not possible. Recent legislation and practice in the United Kingdom are examined to determine the extent to which such initiatives have improved the delivery of victim services. The agenda proposed by the author for victim-sensitive justice includes procedural changes, safeguards, and greater community involvement. 45 references