Victim Involvement and Restorative Justice

Posted: July 7th, 2022

Victim Involvement and Restorative Justice

There has been a significant trend toward more victim involvement in the criminal justice system in recent years. Legislation has been passed to provide victims with certain rights, and there has been a movement to alter the U.S. Constitution with an amendment concerning victims’ rights. Victims have also participated in the process known as restorative justice, which focuses on the needs of both the offenders and the victims of a crime.

For this paper, first read the following articles:
• Reassessing the Purpose of Punishment: The Roles of Mercy and Victim-involvement in Criminal Proceedings
• The “Independent Variable” in Restorative Justice: Theory-Based Standards for Evaluating the Impact and Integrity of Victim Sensitive Process (Part II)
• The Relationship Between Offense Seriousness, Intervening Time, and Victims’ Responses to the Offer of Restorative Interventions, and
• Restorative Justice
You may also find Forgiven helpful. In your paper, discuss the following:
• Why is victim involvement important?
o Cite at least one example where it would be appropriate for a victim to be involved in a criminal trial and conviction process.
o Cite at least one possible negative consequence of allowing victims too much involvement in the criminal justice process.
• What are your own personal feelings regarding restorative justice theory? Do you believe the criminal justice system should foster a dialogue between offender and victim?
• What do you feel is the rationale behind the restorative justice theory and how it can resolve issues for victims?
Minimum 400-500 words excluding references, and APA format

_________________
The criminal justice system has historically been focused on punishing offenders, with little attention paid to the needs of the victims. However, there has been a recent trend towards increasing victim involvement in the criminal justice system, with legislation passed to provide victims with certain rights and a movement towards an amendment to the U.S. Constitution concerning victims’ rights. Additionally, the concept of restorative justice has gained traction, which seeks to address the needs of both the offender and the victim. This paper will discuss the importance of victim involvement in the criminal justice system, the potential negative consequences of allowing victims too much involvement, personal feelings regarding restorative justice theory, and the rationale behind the theory.

Victim involvement is important because it can help the victim feel heard, validated, and in control of the process. When victims are involved, they are able to have a say in the outcome of the case and can have a sense of closure that may not be possible otherwise. For example, a victim may want to provide a victim impact statement during the sentencing phase of a criminal trial. This statement can detail the harm that was done to them, the impact it has had on their life, and their thoughts on what an appropriate sentence would be. This type of involvement can help the victim feel like their voice is being heard and can help the judge make a more informed decision about the appropriate sentence.

On the other hand, there is a risk of allowing victims too much involvement in the criminal justice process. Victims may have emotional attachments to the case and may not be able to make impartial decisions. Additionally, victims may have demands that cannot be met, which can cause frustration and conflict. For example, a victim may demand that the offender receives a sentence that is significantly longer than what is reasonable given the crime. This type of demand can cause tension and may ultimately harm the victim if the offender is released without adequate rehabilitation or if the sentence is overturned on appeal.

Restorative justice theory is a philosophy that seeks to address the needs of both the offender and the victim. It is based on the idea that crime is a violation of relationships, and that the best way to address it is by restoring those relationships. This approach can foster a dialogue between the offender and the victim, which can help both parties heal. Restorative justice seeks to create a safe space for the victim to express their feelings and to allow the offender to take responsibility for their actions. It is a process that is focused on the future, rather than the past, and seeks to create a plan for the offender to make amends and for the victim to move on.

Personally, I believe that restorative justice theory has a lot of merit. The criminal justice system has historically been focused on punishing offenders, but that approach does not always address the needs of the victim. Restorative justice provides an opportunity for the victim to be heard and for the offender to take responsibility for their actions. It is a process that seeks to restore relationships, rather than create more conflict. However, it is important to note that restorative justice may not be appropriate for every case, and that there may be cases where the offender is not willing to take responsibility for their actions.

Victim involvement is important in the criminal justice system because it can help the victim feel heard and validated. However, there is a risk of allowing victims too much involvement, which can cause tension and conflict. Restorative justice theory seeks to address the needs of both the offender and the victim, and it can provide a way for both parties to heal and move forward. Overall, the criminal justice system should strive to provide a balanced approach that addresses the needs of both the victim and the offender.