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The Victims’ Rights Movement

The Victims’ Rights Movement. The early roots: Feminists and Self-help groups. The Politics: Reagan’s Commission Change or add to 6 th Amendment? Funding Structure for victim serviced programs. Victim Services. Victim Compensation Court Services Crisis Intervention.

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The Victims’ Rights Movement

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  1. The Victims’ Rights Movement • The early roots: Feminists and Self-help groups. • The Politics: Reagan’s 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.

  8. 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

  10. 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

  15. Restorative Justice #11 • CURRENT: Community on sideline, represented in an abstract way by the state • RJ: Community as facilitator in restorative process

  16. Restorative Justice #12 • CURRENT: System’s 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

  19. Victim Responses to Crime • Self Protection • Target Hardinging • Self-Defense • Community Organization • COPs; Neighborhood Watch

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