Talking punishment: How victim perceptions of punishment change when they communicate with offenders

被引:5
作者
Batchelor, Diana [1 ]
机构
[1] Univ Oxford, Ctr Criminol, St Cross Bldg,St Cross Rd, Oxford OX1 3UQ, England
来源
PUNISHMENT & SOCIETY-INTERNATIONAL JOURNAL OF PENOLOGY | 2023年 / 25卷 / 02期
基金
英国经济与社会研究理事会;
关键词
victim; restorative justice; retributive justice; punishment; victim-offender communication; mediation; punitive; retribution; consequences; RESTORATIVE JUSTICE; SATISFACTION; ATTITUDES;
D O I
10.1177/14624745211054748
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
The myth that restorative justice is the opposite of retributive justice persists, despite a long history of rhetorical challenges. Only empirical evidence can advance the debate, so this article investigates the relationship between punishment and victim-offender communication from the victim's perspective. Interviews with 40 victims of crime established that some victims saw victim-offender communication and punishment as alternatives, and others saw them as independent. However, more than half the participants expected that communicating with the offender would increase their satisfaction with the offender's punishment or reported afterwards that this was in fact the case, suggesting that some victims fulfil punishment objectives through communication with the offender. The changes occurred when victims received information about the offender's punishment, received feedback from the offender or used communication with the offender to impose a mild punishment of their own. Victims were not excessively punitive, but this study demonstrates the existence of an association between punishment and victim-offender communication from at least some victims' perspectives. This article argues that we should not ignore or attempt to eliminate this relationship. Rather, acknowledging and examining the existence of punishment within victim-offender communication would improve practice and generate better outcomes for victims, offenders and society.
引用
收藏
页码:519 / 536
页数:18
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