Offenders’ Family Members’ Responses to Capital Crimes

Abstract

Discussions of punishment for homicide usually focus on either retributive justice or deterrence. This article attempts to broaden these discussions to include using restorative justice to supplement the traditional judicial process in capital cases. Qualitative interviews with 19 family members of offenders tried in capital cases in the South are used to explore the need for restorative justice in capital cases. Results indicate that offenders’ family members often experience trauma; express empathy for victims and their families, as well as a desire to connect with them; and the community plays a critical role in their ability to cope with the homicide and its aftermath. The authors conclude that restorative justice practices should be explored to help victims’ and offenders’ family members cope with homicide and the trial that follows.

The police journal Restorative Justice in roads policing

“…Arguably, a combination of existing restorative practices, with victims and offenders meeting to discuss what happened, along with educational inputs on road harm, would cause a significantly lower rate of re-offending and could be used as an alternative to prosecution. Where those cases require a mandatory prosecution, such as those involving death, evidence supports the theory that Restorative Justice is equally as effective alongside prosecution (Eschholz et al, 2003).…”

“…Negative emotions may provoke a response within an offender that will prevent recidivism and cease any future offending. When discussing Homicide cases (of which road death is categorised), Eschholz et al, (2003) states that homicide discussions focus on 'retributive justice or deterrence', though they research how Restorative Justice may supplement criminal proceedings. They interestingly discuss the impact of incarceration and punishment for serious offences on the offenders families.…”

Voice of the Victims: Accounts of Secondary Victimization With the Court System Among Homicide Co-victims

“…Excluding them from the conversation may increase political support for zero-tolerance and other punitive policies that have been shown to be financially burdensome, ineffective, and, for co-victims, retraumatizing. Alternatives such as the Restorative Justice Model may aid co-victims in their pursuit of closure, offer cost-effective alternatives to lengthy incarceration, and warrant further study as a potential for long-term reform (Eschholz et al, 2003). Journal of Interpersonal Violence Notes 1.…”

Tough on Crime or Beating the System

“…A potential future research direction may be to apply restorative justice principles to victims of NGRI murder acquittees, as it is used in death penalty cases (Eschholz, Reed, Beck, & Leonard, 2003). It may provide an improved opportunity for understanding on the part of the victim’s family, and the NGRI acquittee’s family as well, and may improve release transitions.…”