Making Amends: Mediation and Reparation in Criminal Justice by Gwynn Davis

By Gwynn Davis

Reparation, or making amends, is an historic subject in felony justice. It was once revived in either Europe and North the USA within the Nineteen Eighties as a realistic replacement either to retributivism, and to a few of the utilitarian initiatives often linked to retributive justice.Making Amends examines the perform of those schemes within the united kingdom, united states, and Germany, and exhibits how felony justice associations have been unresponsive to those makes an attempt to solid justice in a brand new shape. but the experiments mirrored an abiding dissatisfaction with felony courts and with the way during which justice is conceived and expressed inside of  the legal framework. The authors' conclusions consequently have implications for the workings of the felony justice method as a complete.

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Extra info for Making Amends: Mediation and Reparation in Criminal Justice

Sample text

Unfortunately, government emphasis upon compensation orders, appropriate though this may be in many instances, does not have the fundamental effect which The Times seemed to imagine. Criminal proceedings retain their focus upon the offender; the tenor of these proceedings is unchanged: the state is responding to an offence committed against itself; compensation remains peripheral. This much is acknowledged in the same Times leader, when, in a concluding paragraph, it is asserted that the purpose of a compensation order ‘is primarily to demonstrate to the criminal his personal responsibility for damage.

They noticed money left in an ashtray by the telephone. Encouraged by Steven, Jason took the ashtray with the money in it, threw the ashtray away, and shared the money with Steven (about 90p). Steven saw someone approaching, gave the money back to Jason, and then denied all involvement in the offence. This happened when Jason was on weekend leave, staying with his parents. His mother had insisted that he go to the woman and apologise: on his mother’s suggestion, he bought the woman a box of chocolates and they both went to see her.

The problem in essence was that reparation was viewed as a development of the probation task and therefore not as something which merited the allocation of additional resources. Volunteers were expected to bear the brunt of this additional work-load. From the point of view of the coordinators, this proved to be an unrealistic expectation. They found that considerable time was taken up in the selection, training, and support of volunteers. This was so even where a scheme had very few cases. Southampton, for example, was referred two cases in its first nine months, but volunteer meetings continued to be held on a regular basis, calling for a considerable time commitment from the probation officer in charge.

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