The Impact of Mediating Victim Offender Conflict: An Analysis of Programs in Three States

Abstract This article presents the findings of an analysis of victim offender mediation programs working with the juvenile courts in Albuquerque (NM), Minneapolis (MN) and Oakland (CA). The study is based upon 868 interviews with crime victims and offenders, including pre- and post-mediation interviews and two different comparison groups. The data that emerged from this study indicates that the vast majority of both victims and young offenders experience the mediation process and outcome (restitution agreement) as fair and are satisfied with the program. The mediation process used by the programs in Albuquerque, Minneapolis and Oakland results in greater satisfaction, greater perception of fairness and higher restitution completion rates than found in a matched sample of victims and offenders who were not referred to mediation.     

Jury decision making in the capital penalty phase

There are large bodies of research on the deterrent value of the death penalty and public attitudes towards capital punishment. However, little is known about how jurors decide whether a particular defendant should live or die. This article briefly summarizes the case law that attempts to guide the discretion of jurors in the penalty phase of capital murder trials, reviews empirical research on penalty decision making, suggests a methodological strategy for investigating the penalty phase, and identifies several promising directions for future research. Four broad categories of research are identified: the effects of guiding juror discretion, comparisons of juries that vote for life with those that vote for death, the relationship between guilt and penalty phases, and models of decision making in the penalty phase. Several testable hypotheses are proposed.