Victims of Severe Violence Meet the Offender: Restorative Justice Through Dialogue

Abstract

Both restorative justice in general and victim offender mediation specifically continue to be identified with primarily, if not exclusively, addressing non-violent property crimes, and perhaps even minor assaults. This article will challenge such assumptions by providing empirical evidence that suggests that many of the principles of restorative justice can be applied in crimes of severe violence, including murder. Some would even suggest that the deepest healing impact of restorati ve justice is to be found in addressing and responding to such violent crime. An increasing number of victims of sexual assault, attempted homicide, and survivors of murder victims, in Canada and the United States, are requesting the opportunity to meet the offender to express the full impact of the crime upon their life, to get answers to many questions they have and to gain a greater sense of closure so that they can move on with their lives. In most cases this occurs many years after the crime occurred and the actual mediation/dialogue session is typically held in a secure institution where the offender is located. This article addresses four topics. First, the case development process of victim sensitive offender dialogue (VSOD) in crimes of severe violence is described, with an emphasis of how the process is far more intensi ve in such cases. Second, the specific type of victim sensitive mediation employed in such cases is briefly presented. Humanistic mediation is 'dialogue driven' rather than 'settlement driven' and is essential to the application of restorative justice principles in cases of severe violence. Third, a review of the few current studies of such an intervention is offered, including preliminary data that is emerging from a two state multi-year study by the author. Fourth, two specific case studies related to the above research are presented with an emphasis upon implications for practitioners. Finally, several conclusions are offered, including a number of unanswered questions and the need for further research.

Experiences of Covictims of Homicide

“…Both types of groups were deemed effective as well as complementary to and compatible with each other. Umbreit, Bradshaw, and Coates (1999) and Umbreit and Voss (2000) described an emerging intervention between covictims of homicide and incarcerated offenders called Victim Offender Mediation and Dialogue (VOMD). This intervention is a restorative justice initiative that gives family members, in select situations, the opportunity to address the damage done to them through a face-to-face dialogue with the offender.…”

Participants' Attitudes in the Utah Juvenile Victim‐Offender Mediation Program

“…The Utah VOMP has accepted referrals for a wide range of juvenile crimes, including assault and homicide, providing the victim (or the victim's surviving family) is interested and the case is deemed otherwise appropriate (e.g., the offender desires to make reparations). (See Umbreit, Bradshaw, &Brown, 1999, for examples of mediation with severely violent crimes.) The great majority of cases, however, involve more common crimes such as property damage, burglary, theft, and simple assault.…”

“…It is understandable that satisfaction may be lower for offenders in these more difficult cases because the victims have suffered much greater harm, because true reparation may be more difficult or impossible (in the case of murder), and because offenders are more likely to have actually been incarcerated as a consequence of their crime, unlike first-time offenders who may have had their cases diverted from the courts. (See Umbreit, Bradshaw, &Brown, 1999, for excellent examples of mediation with severely violent crimes.) Another possible cause for the decrease in offender satisfaction may have been simply organizational.…”

Restorative Justice and “Empowerment”: Producing and Governing Active Subjects through “Empowering” Practices

“…Around the globe, restorative practices have been adopted for use-albeit haphazardly-at nearly every stage of the criminal justice system: from diverting first-time or minor juvenile offenders from the courts, to being used as a sentencing option for adult offenders, to dealing with crimes of violence such as sexual assault and sexual abuse (Cossins 2008;Daly 2006;Daly and Stubbs 2007), domestic violence (Coker 2006;Stubbs 2007), homicide (Eschholz et al 2003;MacGregor 1996;Molhan 1996;Pranis 2001;Swift 1994), and other acts of severe violence (Umbreit et al 1999(Umbreit et al , 2003a including hate crimes (Dixon and Ray 2007;Umbreit et al 2002Umbreit et al , 2003bVolpe and Strobl 2005). Restorative justice has even been utilised in cases involving prisoners on ''death row'' (Beck et al 2007;Umbreit and Vos 2000).…”