Understanding Restorative Justice in Criminal Cases
Delve into the concept of restorative justice in criminal cases, focusing on mediation between the perpetrator and victim. Explore the important processes, concerns, needs, and expectations associated with this approach. Discover how restorative justice aims to change situations, restore damages caused by crimes, and promote cooperation and responsibility among all parties involved.
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Presentation Transcript
Mediation in criminal cases Lecturer: Dana Rone 15 September, 2024 1
Criminal proceedings and mediation 1. In the criminal proceedings the central element - the perpetrator 2. In mediation the central element the victim 15 September, 2024 2
Concerns. Needs. Expectations 1. Divide into groups 2. Write your concerns, needs and expectations connected with this Intensive Programme 15 September, 2024 3
Restorative justice Mediator may not provide to the parties false, emply hopes & expectations Mediator must explain before mediation to the parties the process, possibilities, rights Mediator must ask to the parties before mediation session about their concerns, needs and expectations 15 September, 2024 4
Restorative justice In criminal case mediation the process is more important than the result Most popular concerns of victims: repeated attack of the perpetrator (therefore mediator can meet each party of mediation separately and let them out of the room separately. Parties are not to be left alone in the mediation room) Mediator does not: 1. Support any of the parties 2. Agree with any of the parties 3. Judge the parties 15 September, 2024 5
Restorative justice Process Approach Change of situation Restoration of situation (factual, economical, emotional, social, legal, etc.) as it was before the crime 15 September, 2024 6
How to change caused damage in a crime? 1. Satisfaction of all needs of the victim; 2. Aimed to cooperation and integration of the perpetrator in the society; 3. Taking responsibility (different from guilt); 4. All parties are involved victim, perpetrator, society 5. Respect towards all parties and their decisions. Mutual respect. 15 September, 2024 7
Various approaches 1. Judging 2. Reckless 3. Permitting 4. Restorative 15 September, 2024 8
What makes successful communication? 1. Mutual pleasure, attraction 2. Mutual respect 3. Listening to the other party 4. Interest about the other 5. Mutual understanding 6. Ability to agree Remember about mutual interests, communication skills, gestures, environment, body language, outfit, language. 15 September, 2024 9
Have a nice talk Ask your partner about: 1. How does he / she feels today; 2. What does he /she thinks about Eurovision? 3. Who is responsible for Boston marathon attack? 4. Does he / she want to donate EUR 100 for charity reasons to clean up shelter s territory. 15 September, 2024 10
Tactics of settlement of conflict Amicable agreement in criminal case is signed voluntarily Both parties presents their needs and states conditions Mediator is impartial and neutral Mediator leads the mediation session Mediator motivates the parties to continue mediation session 15 September, 2024 11
Emotions in the conflict Amicable agreement in criminal case is signed voluntarily Both parties presents their needs and states conditions Mediator is impartial and neutral Mediator leads the mediation session Mediator motivates the parties to continue mediation session 15 September, 2024 12
Emotions of the mediator Mediator must understand his / her own feelings and must be psychologically sane If the mediator understands his / her feelings, client can be understood as well Anger hidden insult, unfulfilled need, necessity to feel safe, fears. 15 September, 2024 13
Settlement in the criminal proceedings is possible, when: 1. The accused recognizes what he/she has done 2. The victim and the accused agrees to participate in mediation and go for settlement 15 September, 2024 14
Gains for the victim in mediation: 1. Directly express to the perpetrator his/her opinion and feelings 2. Receive answers to quesions 3. Maintain neutral relations with the perpetrator 4. Faster receives compensation and appologies 15 September, 2024 15
Gains for the perpetrator in mediation: 1. Possibility to explain reasons and undertake responsibility 2. Possibility to understand and evaluate amount and consequences of damage 3. Possibility to compensate for the damage in money, in-kind, work 4. Released from criminal liability 5. Minimazes severity of penalty 15 September, 2024 16
Gains for the society in mediation: 1. Savings of tax-payers money 2. Possibility for society to change and to improve life level 15 September, 2024 17
