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Measuring Access to Justice for Victims of Crime

Measuring Access to Justice for Victims of Crime. Malini Laxminarayan Intervict M.S.Laxminarayan@uvt.nl Victims in Europe, 2009. Overview. I. Measuring Access to Justice Project II. Theoretical framework (focusing on victims of crime)

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Measuring Access to Justice for Victims of Crime

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  1. Measuring Access to Justice for Victims of Crime Malini Laxminarayan Intervict M.S.Laxminarayan@uvt.nl Victims in Europe, 2009

  2. Overview • I. Measuring Access to Justice Project • II. Theoretical framework (focusing on victims of crime) • III. Practical points on collecting and analyzing the data • IV. Usefulness of the data m.s.laxminarayan@uvt.nl

  3. I. Measuring Access to Justice • Multidisciplinary and multicultural • Development of methodology for measuring access to justice: • Costs, quality of the procedure, quality of the outcome • Focus on the users’ perspective • Comparative m.s.laxminarayan@uvt.nl

  4. I. Measuring Access to Justice Similar legal problems and legal needs across cultures and jurisdictions Standard processes (paths to justice) for resolving those problems Low costs and high quality translates in accessible paths to justice m.s.laxminarayan@uvt.nl

  5. Measuring Access to Justice:Concepts • Path to justice = commonly applied process used to cope with legal problem • Beginning: a person takes action to solve the problem • End: an outcome is received

  6. What do users want from conflict resolution procedures? • Satisfaction studies • Both procedure and outcome important (Thibaut and Walker, 1975) • Recurring themes – information, fairness, respect, equal outcomes • How can we more systematically operationalize?

  7. II. Theoretical framework for victims of crime • Existing framework • Relevant justice theories to measure quality • Evaluation of framework: suitable for crime victims?

  8. II. Theoretical Framework:Costs of the Procedure • Secondary victimization

  9. II. Theoretical Framework:Quality of the Procedure

  10. II. Theoretical Framework:Quality of the Outcome

  11. Index of Access to Justice Index of Access to Justice Quality of Quality of Quality of Quality of Costs of Justice Costs of Justice the Procedure the Outcome the Procedure the Outcome Out - of - pocket costs Procedural Justice Out - of - pocket costs Procedural Justice Distributive Justice Distributive Justice Costs of time Restorative Justice Costs of time Restorative Justice Restorative Justice Restorative Justice Other opportunity Interpersonal Justice Corrective Justice Other opportunity Interpersonal Justice Corrective Justice costs costs Informational Justice Retributive Justice Informational Justice Retributive Justice Intangible costs Intangible costs Transformative Justice Transformative Justice Informational Justice Informational Justice Legal Pragmatism Legal Pragmatism Formal Justice Formal Justice II. Theoretical Framework:Data Aggregation

  12. III. Data Collection and Analysis • Cross-sectional questionnaires • Simple aggregation or weighting the answers? (Index) • Two options for the subjective indicators: • What the users find to be more important (stated preferences)? • Which answers better measure the unobservable indicator (associations)?

  13. Use of an Index *Example of how table could look like, no real data What is the benefit of this information? m.s.laxminarayan@uvt.nl

  14. IV. Usefulness of the data • Evaluation of a procedure • Cost and quality comparisons • Between jurisdictions • Between providers within jurisdictions • Longitudinal – evaluation of new policy / practice • Information for users m.s.laxminarayan@uvt.nl

  15. IV. Usefulness of Data:Examples • 2 paths, one legal problem (i.e. robbery victim – Criminal or Restorative Justice?) • Same paths in 2 legal systems • Victim Impact Statements (procedural justice) • Other characteristics: Adversarial vs. Inquisitorial (party to proceedings) m.s.laxminarayan@uvt.nl

  16. An Illustration of A2J data: Pilot study: Consumer Dispute in the Netherlands (real data) m.s.laxminarayan@uvt.nl

  17. Now Imagine…An Illustration for victims (no real data)

  18. IV. Usefulness of the data? • No causal relationships • Rather, indication of what victims find problematic • More empirical method to evaluate how victims experience the justice system • Researchers: basis for further research • Pracitioners: empirical basis m.s.laxminarayan@uvt.nl

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