The Victims’ Directive and What Victims Want From Restorative Justice

Following fierce campaigning by victims’ groups, the European Commission has entered into a process of legislative and policy reforms with the aim of repositioning the victim in criminal proceedings. By November 2015, member states will need to have demonstrated that they have modified their domestic laws to give effect to the Directive 2012/29/EU establishing minimum standards on the rights, support, and protection of victims of crime. For the first time, restorative justice is explicitly regulated at EU legal level, as the Directive aims to establish a baseline for its safe implementation across member states. With this EU-wide policy backdrop and using original data, the article posits evidence-based recommendations for the implementation of the Directive. The research was carried out in 2013–14 as part of the “Restorative Justice in Europe” project co-financed by the European Commission. The research took place in the United Kingdom and combined desk research and qualitative research strategies with victims, while it triangulated its findings with follow-up surveys with offenders and professionals.     

Does Recent Victimization Impact Confidence in the Criminal Justice System?

This study assesses whether recent victimization influences one’s confidence in the criminal justice system. Specifically, the study tests whether the predictors of confidence in major types of actors in the justice system are different for victims and nonvictims. British Crime Survey (BCS) data are analyzed using a series of structural equation models with multiple group methods. Overall, the findings support the idea that there is little difference between victims and nonvictims in how views of legal actors predict overall confidence. Additionally, prosecutors are slightly more influential on system confidence, regardless of victimization experience. Policy implications and future research directions are discussed.     

The “Independent Variable” in Restorative Justice: Theory-Based Standards for Evaluating the Impact and Integrity of Victim Sensitive Process (Part II)

For almost two decades restorative justice practices have demonstrated positive impacts on crime victim satisfaction when compared to court and other adversarial processes. Although these practices have by no means addressed the myriad needs of crime victims, researchers and policy makers have puzzled about how to interpret these generally positive findings. We suggest that remaining difficulties in concluding that positive findings are a result of restorative process rather than some other factor (e.g., procedural justice) are due largely to (1) the lack of clear standards for gauging the integrity, or “restorativeness,” of interventions and (2) the failure to articulate logical mechanisms (i.e., intervention theories) that connect practices to immediate and intermediate outcomes, and these outcomes to long-term changes in the well-being of victims, offenders, and communities. In part 1 of a two-part discussion previously published in this journal, we described alternative definitions of restorative justice and outlined three core principles that provide a useful normative theory of restorative justice. In part 2, we focus on the “intervening variable” in restorative justice, utilizing qualitative data from a national case study to illustrate some potential immediate and intermediate outcomes of restorative justice practice on victims. We also discuss the implications of these outcomes for intervention theory and future research.     

The Spiritual Components of Restorative Justice

The concept of spirituality in restorative justice practice is recognized as important but is often fuzzy and vaguely understood. This study did a content analysis of restorative justice texts and found nine distinct components of spirituality: transformation, connectedness/belonging, common human bond, repentance, forgiveness, making right a wrong, balance/harmony, rituals, and unexplained spiritual phenomenon. The conceptual clarification of the relationship between spirituality and restorative justice gives mediators/facilitators of restorative justice dialogue more tools to deepen their interactions with victims, offenders, and community members. Furthermore, delineation of these nine components offers researchers a framework for the development of instruments or tools that can be used to assess participants' experiences in restorative justice dialogues.     

Comparison of Impact of Procedural Justice and Outcome on Victim Satisfaction: Evidence From Victims’ Experience With Registration of Property Crimes in India

Crime victim–police interface and registration of crime are the early and fundamental interactions in the criminal justice system. The process of lodging a complaint is marked by the pain of victimization, sharing of information, and expectation of quick remedial action from the police. The nature and quality of experience of the victim and outcomes impact the level of satisfaction with services of police. Through a survey of victims of property crimes, in different areas of a state in India, the author examines the impact of procedural justice and outcomes on victim satisfaction. The study illuminates the outcome oriented expectations of the victim, and the unique dynamics of victim–police interaction, which strains the legal ethical framework of the criminal justice system.     

“Yardsticks” for Victim Sensitive Process: Principle-Based Standards for Gauging the Integrity of Restorative Justice Process

For almost two decades restorative justice practices have demonstrated positive impacts on crime victim satisfaction when compared to court and other adversarial processes. Although restorative justice practice has by no means addressed the myriad needs of the majority of crime victims, researchers and policy makers have puzzled about how to interpret these generally positive findings. We suggest that remaining difficulties in interpretation and application of findings are due largely to (1) the lack of clear standards for gauging the integrity, or “restorativeness,” of interventions and (2) the failure to articulate logical mechanisms (i.e., intervention theories) that connect practices to immediate and intermediate outcomes, and these outcomes to long term changes in the well-being of victims, offenders, and communities. This article focuses primarily on the first problem, defining the “independent variable” in restorative practices aimed at having an impact on crime victims. Using qualitative data from a national case study, a principle-based approach to evaluation with implications for intervention theory and both input and outcome measures in future research is proposed and briefly illustrated.     

Crime Victims’ Perceptions of Police Behavior,Legitimacy, and Cooperation: A Review of the Literature

According to Tyler’s theoretical framework, police officers can motivate cooperation among citizens during direct interactions by using fair procedures and by showing how the police perform their job in combating crime. By conducting a systematic literature review, prior research was examined to see whether perceptions of procedural justice and police performance result in higher levels of perceived legitimacy of the police institution, and in turn whether this perceived legitimacy stimulates cooperative behavior among crime victims specifically. Results of the 15 included studies indicate that partial support for the applicability of this framework on crime victims was found. However, none of the included studies tested all relationships within the framework simultaneously among crime victims; they typically focused only on one of the interrelationships between the frameworks’ key concepts. Implications for future research and police practice are discussed.     

Victims of Sexual Violence in the Canadian Criminal Courts

The literature on victims of sexual violence in the criminal justice system has overwhelmingly pointed to the negative impact of these encounters. This research project sought to explore various aspects that might contribute to harm by conducting in-depth qualitative interviews and collecting limited quantitative data on 31 victims who had encountered various processes in the justice system. Results indicated a wide range of experiences, indicating that no interactions within the system were universally harmful or helpful. Victim experience was shaped by the attitudes and behaviors of specific people within the system demonstrating the importance each individual plays in their official capacity. In the final analysis however, victim satisfaction with the jail term was key to understanding experiences of harm.     

What Foster the Climate for Merit?: Test of a Mediation Model

ABSTRACT

The failure of performance management in the public sector can be conceived as the failure to create the right climate for merit. This study proposes a mediation model explaining howorganizational climate for merit can be fostered. The analysis of the 2015 Federal Employee Viewpoint Survey reveals that constructive use of effective performance feedback and encouraging participation will help create a climate for merit and that such associations were mediated by organizational justice perception and trust toward their supervisor.     

From ‘gender equality and ‘women’s empowerment’ to global justice: reclaiming a transformative agenda for gender and development

The language of ‘gender equality’ and ‘women’s empowerment’ was mobilised by feminists in the 1980s and 1990s as a way of getting women’s rights onto the international development agenda. Their efforts can be declared a resounding success. The international development industry has fully embraced these terms. From international NGOs to donor governments to multilateral agencies the language of gender equality and women’s empowerment is a pervasive presence and takes pride of place among their major development priorities. And yet, this article argues, the fact that these terms have been eviscerated of conceptual and political bite compromises their use as the primary frame through which to demand rights and justice. Critically examining the trajectories of these terms in development, the article suggests that if the promise of the post-2015 agenda is to deliver on gender justice, new frames are needed, which can connect with and contribute to a broader movement for global justice.     

Civilization and international society: the case of European Union expansion

Joining a society of some kind requires the fulfillment of certain standards. In international society, states acknowledge the need for certain collective standards of international conduct if international order is to be maintained. The first truly global application of international norms took place during the nineteenth century through the process of the expansion of the European society of states and its gradual transformation to the contemporary global international society. In this process, the standard of ‘civilization’ played an essential role in determining which states would join the expanding European society and which ones would not. Despite the major changes that have occurred, the standard of ‘civilization’ has remained an international practice as well as a benchmark against which the attitudes and policies of states are assessed. Nowhere can this be seen more clearly than in the EU policy of ‘membership conditionality’. Although many explanations for EU expansion have been put forward rather absent from debate has been the civilization dimension which is embedded in membership conditionality and which should be given more emphasis.