Can restorative justice satisfy victims’ needs? Evaluation of the Catalan victim–offender mediation programme

Tamarit, Josep M.; Luque, Eulalia

doi:10.1080/20504721.2015.1110887

Cited by 12 publications

(14 citation statements)

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“…Thus, several studies report that victims who contacted their offenders in restorative meetings significantly exhibited a decrease in their posttraumatic stress symptomatology (PTSS) (Angel et al, 2014;Beck et al, 2015;Koss, 2014;Sherman et al, 2015;Tapp et al, 2020), which according to Lloyd and Borril (2019) is related to high levels of anxiety, distress and fear. The results of the included studies have consistently shown that after VOM there is a decreasing of the aforementioned levels on victims (Umbreit et al, , 2010Bolitho, 2017;Boriboonthana & Sangbuangamlum, 2013;Calhoun & Pelech, 2013;Hargovan, 2010;Helfgott et al, 2000;Miller & Iovanni, 2013;Strang et al, 2006;Tamarit & Luque, 2016;Umbreit & Vos, 2000;Wemmer & Cyr, 2005). This evidence is in line with the victimology literature, which advocates that the narration of trauma, as happens in RJ practices, favors the reparation of victims, relieving their fears and anxieties (Neimeyer et al, 2006).…”

Section: Discussionmentioning

confidence: 89%

“…From these studies, it was possible to ascertain a total of 4697 participants, from 11 different countries, namely: South Africa (Hargovan, 2010;Murhula & Tolla, 2020); Australia (Beven et al, 2005;Bolitho, 2015Bolitho, , 2017Gal & Moyal, 2011;Halsey et al, 2015;Sherman et al, 2005Sherman et al, , 2015; Austria (Pelikan, 2010); Belgium (Bolívar, 2013;Van Camp & Wemmers, 2013); Canada (Calhoun & Pelech, 2013;Van Camp & Wemmers, 2013;Wemmers & Cyr, 2005J. A. Wemmers & Cyr, 20052006); Spain (Bolívar, 2013;Tamarit & Luque, 2016); USA , 2006. Flowchart outlining literature review search and selection process (adapted from Liberati et al, 2009).…”

Section: Characteristics Of the Included Studiesmentioning

confidence: 99%

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The Psychological Impact of Restorative Justice Practices on Victims of Crimes—a Systematic Review

Nascimento¹,

Andrade

Rodrigues³

2022

Trauma, Violence, & Abuse

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Background: Restorative justice emerges as a theoretical-practical approach to the criminal legal system, in which the reparation of damage of the victim is a central point. However, the growing empirical production referring to the effects of this approach on victims is sometimes shown to be weakened or dispersed, focusing mainly on their satisfaction. Objective: The present work intended to systematically evaluate the empirical production of the restorative justice field, to aggregate and examine information in the literature regarding the psychological impacts on victims who participated in restorative practices. Methods: A search was made using electronic databases to identify quantitative, qualitative, and mixed-method studies, published between January 2000 and December 2020 that reported psychological impacts on real victims of crimes, who participated in mediations/conferences victim–offender. Results: 35 studies were identified as focusing on the psychological impacts on victims resulting from restorative practices. These studies have shown effects on post-traumatic symptomatology, on the emotions and emotional needs resulted from victimization, as well as on the victims’ perceptions of their offenders. Conclusions: The present research showed that restorative justice practices have a positive psychological impact on victims, who are frequently forgotten in conventional justice, and that some of these impacts persist over time.

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Section: Discussionmentioning

confidence: 89%

Section: Characteristics Of the Included Studiesmentioning

confidence: 99%

The Psychological Impact of Restorative Justice Practices on Victims of Crimes—a Systematic Review

Nascimento¹,

Andrade

Rodrigues³

2022

Trauma, Violence, & Abuse

View full text Add to dashboard Cite

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“…Significantly, they can also be found in several of Spain's neighbours, such as Austria, Finland, Denmark, Holland, Greece or the UK (Lünnemann and Wolthuis 2015;Pelikan 2000). Even in Spain itself, although mediation in cases of intimate partner violence against women has not been possible, an evaluation of the Catalan adult mediation programme carried out with victims referred to it in 2011 and 2012 found that they were generally satisfied with these processes (Tamarit and Luque 2016). Whilst the programme's objectives were more difficult to achieve when the disputes involved members of the same family, even in those cases, completion of the programme reduced the emotional distress suffered by the victims.…”

Section: The Preferably Punitive Approach To Gender Violence Of Law 1/2004: the Prohibition On Victim-offender Mediationmentioning

confidence: 99%

Spanish criminal policy and the state pact on gender violence: a critical assessment

Estiarte

2021

SN Soc Sci

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The Spanish Comprehensive Law against Gender Violence of 2004 was a regulatory milestone, leading to action against intimate partner violence and raising awareness amongst criminal justice professionals. Sixteen years after its passage, the Spanish State Pact on Gender Violence, signed in 2017, seeks to update its content, stressing the law's punitive criminal policy orientation. This paper argues that this approach, based on criminal justice rules, may be obsolete and should be abandoned to make way for a future legal policy that emphasizes prevention and extra-criminal protection of victims. This conclusion is supported by the evolution of feminist legal theory, the paradigm shift in the international approach to fighting gender violence, the application issues the law faces and the shortcomings of its approach. Consequently, it is suggested that a system more focused on victim protection than prosecution be adopted, based on a set of civil and administrative protection mechanisms, which are lacking under current Spanish domestic law.

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“…The formulation of the criminal liability principle in the Criminal Code is unfair because it does not allow peaceful settlement and forgiveness [1]. There are many cases which are ended peacefully, and compensations are provided, but the perpetrators are still processed by the police and prosecutors in court [2]. So, law enforcement practices have not been able to realize the sense of justice.…”

Section: Introductionmentioning

confidence: 99%

Development of Criminal Liability Model in Indonesian Criminal Code Based on Pancasila Justice Value

Wahyuningsih¹,

Hafidz²

2019

Proceedings of the the First International Conference on Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Banda

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The accumulation of cases at the level of investigation, prosecution, trial, and fully loaded of the penitentiary are caused by the unfair model of criminal liability principles in the Criminal Code. According to the Criminal Code, if a person's actions meet the elements of the formulation of the offense in the Act and the perpetrator can be responsible, then the perpetrator must be punished, even if mediation has occurred among offender and victim. Therefore, it is needed to develop a model of fair criminal liability principle. This study used the socio-legal approach method by using descriptiveanalytical specifications. The respondents are police, prosecutors, judges, and correctional officers. The results of the consequences by using the principle of legality and the model of the formulation of a single jail sanction cause law enforcers to always demand and drop prison. According to the Criminal Code mediation, it does not guarantee to stop the criminal proceedings. An alternative that fits Pancasila's justice value is to incorporate meditation as one of the reasons for the abolition of criminal sanction in the Criminal Code, so there is a guarantee of justice and legal certainty for the perpetrators and victims.

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Can restorative justice satisfy victims’ needs? Evaluation of the Catalan victim–offender mediation programme

Cited by 12 publications

References 13 publications

The Psychological Impact of Restorative Justice Practices on Victims of Crimes—a Systematic Review

The Psychological Impact of Restorative Justice Practices on Victims of Crimes—a Systematic Review

Spanish criminal policy and the state pact on gender violence: a critical assessment

Development of Criminal Liability Model in Indonesian Criminal Code Based on Pancasila Justice Value

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