Toward a Balancing Approach: The Use of Apology in Japanese Society

Takahashi, Yoshiko

doi:10.1177/026975800501200102

Cited by 6 publications

(4 citation statements)

References 19 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…‘Compensation’ can therefore also embrace such non-monetary responses as direct or indirect reparation (Sharpe, 2007). In their systematic review of studies into crime victims’ needs, ten Boom and Kuijpers (2012) noted that in terms of ‘justice’ outcomes many victims valued, in addition to the offender’s arrest and punishment, both material (compensation, restitution) and ‘immaterial’ reparation (apology), the latter assuming a moral dimension in which the offender explicitly acknowledges the victim’s loss (Choi et al, 2010; Mørland, 2000; Takahashi, 2005).…”

Section: Introductionmentioning

confidence: 99%

Offender and state compensation for victims of crime

Miers

2013

International Review of Victimology

View full text Add to dashboard Cite

This article comprises an overview of the principal normative and operational issues that arise in both common and civil law states' arrangements for the compensation and reparation of victims of crime. Balancing what are inevitably generalized statements about jurisdictions within federal common law countries and within the European Union, the article illustrates these issues with details drawn from the civil and criminal justice systems of England and Wales. The article begins with some general observations about the ways in which compensation and reparation by offenders and compensation by the state form elements in a state's overall objectives for victims within its criminal justice system, and addresses the question of what we might understand by 'compensation' in a criminal justice context, and how that sits with civil justice. For this purpose 'compensation' may be understood both in the compendious sense of any offender or state financial payment in respect of a victim's loss or injury or of the offender's direct or indirect restoration of stolen or damaged property, and in its discrete sense of a purely monetary response distinct from the non-monetary responses that characterize 'reparation' À responses now widely associated with restorative justice. The article provides some detail on compensation and reparation by offenders as forms of criminal justice disposals, and on the scope and the functions of state compensation schemes.

show abstract

Section: Introductionmentioning

confidence: 99%

Offender and state compensation for victims of crime

Miers

2013

International Review of Victimology

View full text Add to dashboard Cite

show abstract

“…Hence, when wrongdoers cause harm, victims feel indignation towards the wrongdoers because their behaviour conveys a message that the victim are not valuable enough to be treated respectfully and the wrongdoer outs them in a lower status, undermining their value system and damaging their self-esteem. 65 Although it naturally seems that victims often feel grief and anger and want vengeance immediately, empirical evidence suggests that victims are far less vengeful that one might think. 66 What victims really want is to understand the meaning of the event, the reasons that have led the offender to commit the crime, and confront with the question 'why this happened to me'.…”

Section: The Aspect Of Psychological Restoration and Broader Criminal Justicementioning

confidence: 99%

Introducing Victim Impact Statement in India: Reconceptualizing Victim Status

Dubey

Jain

2020

Journal of Victimology and Victim Justice

View full text Add to dashboard Cite

The right to fair trial is inherent in the concept of due process of law, which now forms part of Article 21 of Indian Constitution after the Maneka Gandhi judgement. Pertinently attached with the same comes the responsibility of the criminal system to treat victims with increased awareness and sensitivity. However, the established convention shows that in planning and developing administration of criminal justice, proper attention is not given to the victims of crime in achieving goals of criminal justice; the major cause of it being that a victim is heard only as a witness not as a victim. A credible response to the said issue has emerged in the form of victim impact statement (VIS) in the modern legal system across the world. With that being said, the researchers through this article try to deduce the need for incorporating a VIS in India through the various jurisprudential understandings of what it means to be a victim, including the gap between the subjective experience of the sufferer and the interpretation of the same by others, and what restorative justice would mean to heal a victim. Establishing upon the same premise of victim status, the researchers try to suggest that the introduction of VIS, with the primary purpose of it being a therapeutic tool and not an instrument of changing the course of justice, will serve to make us reconsider our contours of a ‘victim’.

show abstract

“…Within the two-track system in the Japanese justice system, offenders may thus be more inclined to 'spontaneously' offer an apology for their own interests rather than for the victims. Such an 8 apology as a consequence of a calculated choice can undermine victims' perceptions of the sincerity of an offender's apology (Takahashi, 2005).…”

Section: Sincerity Of Apologymentioning

confidence: 99%

Myths of restorative features in the Japanese justice system and society: the role of apology, compensation and confession, and application of reintegrative shaming

Suzuki¹,

Otani²

2017

Preprint

View full text Add to dashboard Cite

Restorative justice (RJ) has experienced rapid growth. Along with its development, myths about RJ have emerged. Although several scholars have challenged these, two myths about restorative features in the Japanese justice system and society -(1) the role of apology, compensation and confession; and (2) the application of reintegrative shaming -arguably remain pervasive. In this paper, we aim to advance a critical analysis of these two ostensibly restorative features of the Japanese justice system and society. We argue that the reality may be more nuanced. We conclude by analysing why these myths have emerged and what functions they have performed.

show abstract

Toward a Balancing Approach: The Use of Apology in Japanese Society

Cited by 6 publications

References 19 publications

Offender and state compensation for victims of crime

Offender and state compensation for victims of crime

Introducing Victim Impact Statement in India: Reconceptualizing Victim Status

Myths of restorative features in the Japanese justice system and society: the role of apology, compensation and confession, and application of reintegrative shaming

Contact Info

Product

Resources

About