The Victims

1
The Victims Rights Movement

• The early roots Feminists and Self-help groups.
• The Politics Reagans Commission
• Change or add to 6th Amendment?
• Funding Structure for victim serviced programs.

2
Victim Services

• Victim Compensation
• Court Services
• Crisis Intervention

3
Addition to 6th Amendment Considered by Congress

• Victims of Crimes Have the Right to
• Be included in all public proceedings
• Be heard or submit a statement at plea-bargaining
  sessions, parole hearings, and sentencing
• Be notified if offender is released or escapes
• Restitution from the offender
• Have their safety considered at bail hearings

4
Current Victims Rights Ideology

• The Political Right
• Help victim by punishing the offender
• More preventative detention, stricter sentences,
  pro death penalty, abolish the exclusionary
  rule
• The Political Left
• Focus on helping the Victim
• Restorative Justice

5
Restorative Justice 1

• Current system Crime is an act against the
  state, a violation of law, an abstract idea
• Restorative Justice Crime is an act against a
  person and the community

6
Restorative Justice 2

• CURRENT The criminal justice system controls
  crime
• RJ Crime control lies primarily in the community

7
Restorative Justice 3

• Current Offender accountability defined as
  taking the punishment
• RJ Accountability defined as assuming
  responsibility and taking action to repair the
  harm.

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Restorative Justice 4

• Current System Crime is an individual act with
  individual responsibility
• RJ Crime has both individual and social
  dimensions of responsibility

9
Restorative Justice 5

• Current System Punishment is effective
  (deterrence works).
• RJ Punishment alone is not effective in changing
  behavior and is disruptive to community harmony
  and good relationships

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Restorative Justice 6

• CURRENT Victims are peripheral to the process
• RJ Victims are central to the process of
  resolving a crime

11
Restorative Justice 7

• Current system Offender defined by their
  deficits (culpability).
• RJ Offender defined by their ability to make
  reparation.

12
Restorative Justice 8

• CURRENT Focus on establishing guilt and
  assigning blame.
• RJ Focus on problem solving, on
  liabilities/obligations, on the future (what
  should be done).

13
Restorative Justice 9

• CURRENT Emphasis on adversarial relationship
• RJ Emphasis on dialogue and negotiation

14
Restorative Justice 10

• Current Imposition of pain to punish and
  deter/prevent
• RJ Restitution as a means of restoring both
  parties goal of reconciliation and restoration

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Restorative Justice 11

• CURRENT Community on sideline, represented in an
  abstract way by the state
• RJ Community as facilitator in restorative
  process

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Restorative Justice 12

• CURRENT Systems response based on offenders
  past behavior
• RJ Response focused on harmful consequences of
  offenders behavior emphasis on the future

17
Criticisms of RJ

• How badly does the community want to participate?
• How badly do victims want to participate?
• Is retribution always a bad thing?
• Can all victims be restored
• Especially serious, violent crime.

18
Restorative Justice in Practice

• Restorative Justice Conferencing
• Victim/Offender Mediation
• Family Group Conferencing
• Peacemaking/Sentencing Circles
• Reparative Community Boards
• Restitution Programs

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Victim Responses to Crime

• Self Protection
• Target Hardinging
• Self-Defense
• Community Organization
• COPs Neighborhood Watch