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No abstract available / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

The object of this study was to meet with offenders and victims of crime who recently participated in victim-offender-mediation, in order to explore their experiences and feelings about it. The method of research was individual qualitative interviews with two offenders and two crime victims. The main questions aimed to find out how the participants felt about the mediation process, what experiences they had about the person they had to face during the meeting, and finally what thoughts they had about the crime and its consequences. In helping to analyze the results of the interviews, Reintegrative Shaming Theory and Theories of attribution were used. The former was used to try to explain the feelings resembling shame that emerged during the meeting, while the latter was helpful in order to understand the descriptions the participants used when they talked about the other person. The results showed that both offenders and victims found the mediation to be helpful, mostly because it made them understand the other person better. Most of them also shared the feeling that they had been able to move on and not think about the crime as much as before.

Thesis (Ph. D.)--University of Texas at Austin, 2004. / Supervisor: Madeline Maxwell. Vita. Includes bibliographical references.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal.

Mémoire numérisé par la Division de la gestion de documents et des archives de l'Université de Montréal

Victim offender mediation is practiced to less extent in Sweden despite the method being a statutory municipal obligation. Recommendations from the existing research is to investigate the identified problems of mediation. In the first part of this qualitative study an integrative literature study has been applied to existing research on the experiences of professional mediators. The second part of the study is conducted through interviews with politicians with emphasis on the fact that a statutory municipal method is used to less extent while the nation is calling for crime prevention. The results are subsequently analyzed from organizational theory and new public management theory. The results show that there are uncertainties about the mediator's position in the legal system, indicating a discrepancy between the legislature´s intention and the social regulation and the practical activities, thus indicating existing exclusion processes within the mediation system. The results of the study also show that the legislation needs to be modified as to meet the need of social work with youth offenders. The increased debate regarding juvenile delinquency and the demand of punitive policies has created a polarization in society where the attitudes and knowledge of victim offender mediation as a method are disparate thus creating the paradox of calling out for new methods contrary using existing ones that are evaluated, implemented and legislated, such as victim offender mediation.

Thesis( M. A. ( Criminology and Criminal Justice)) -- University of Limpopo, 2021 / The VOM and FGC programmes have become valuable instruments for the rehabilitation of offenders. These programmes bring crime victims and offenders together to reach agreements for restitution and community healing. Moreover, the NICRO, a Non-Profit Organisation (NPO) in Polokwane, Limpopo Province, offers these programmes to offenders and their victims. Therefore, the purpose of this study was to evaluate the effectiveness of VOM and FGC programmes on recidivism in Polokwane Municipality, Limpopo Province. The study sought to identify factors contributing to recidivism in Limpopo Province, to explore associated challenges in response to recidivism by the local NICRO and to determine strategies employed by NICRO in response to recidivism in the province. The qualitative research approach was used in the study. This study further assumed a phenomenological design, which aims to describe, understand and interpret the meaning that participants give to their everyday life. The non-probability sampling technique was used to select participants of the study. One-on-one semi-structured interviews were used to collect data from adult male and female offenders and their family members who participated in VOM and FGC programmes. Data was also collected using one-on-one semi structured interviews from Social Workers at NICRO. Based on the transcribed data, themes were extracted and analysed using Thematic Contents Analysis (TCA). This allowed for an all-inclusive view to be gained of participants' opinions about insights into the topic. The design of the questionnaire was based on the objectives of the study. This study established that there are factors that contribute to reoffending and challenges in response to recidivism. The findings of the study showed that factors such as unemployment and substance abuse can lead to reoffending. The study recommended that these programmes should address the criminogenic needs of offenders as a measure to respond to recidivism. It has been discovered that VOM and FGC programmes help many offenders to acknowledge and understand the impact of the crime committed to parties.

Sedan år 2008 har alla kommuner i Sverige skyldighet att tillämpa Lag om medling med anledning av brott, 2002:445 i samband med en ung lagöverträdare. Bakgrunden till arbetet är att det fanns en önskan om att belysa medling och utvärdera insatsen som bedrivs i samverkan mellan medlingsverksamheten, Polis- och Åklagarmyndigheten, Socialtjänsten, Kriminalvården och domstolens beaktning av detta. Medling som insats grundar sig i teorin om reparativ rättvisa med fokus på att reparera skadan mellan gärningsperson och brottsutsatt. Syftet med föreliggande studie är att utvärdera medverkande aktörers upplevelser av medlingsprocessen i Malmö stad och vilka utvecklingsmöjligheter som identifieras i relation till det brottsförebyggande och trygghetsskapande arbetet. Studien förväntas bidra med utvärderingsunderlag och fördjupad kunskap om medling som brottsförebyggande och trygghetsskapande insats. Materialet har bestått av nio kvalitativa intervjuer med samtliga sex deltagande aktörer i medlingsprocessen. Intervjuerna har transkriberats och sedan analyserats genom tematisk analys. Resultatet som identifierades var att medling i Malmö stad till stor grad fungerar bra, men att det finns utvecklingsmöjligheter som kan förbättra insatsens framgång. Bland annat genom en tydlig ansvarsfördelning, ökad tillfrågan, ökad kvalitet och antal uppföljningar. Medverkande aktörer har betonat att medling kan, om det genomförs på rätt sätt bidra med stora vinster för brottsutsatt och gärningsperson. Studiens resultat kan nyttjas av samtliga aktörer för möjligheten att vidareutveckla insatsen i Malmö stad, men även för andra kommuner att ta del av i sitt arbete med medling. I nuläget saknas dagsaktuella effektutvärderingar av insatsen som kan tillämpas på dagens samhälle, såväl som en kvalificerad processutvärdering som kan följa upp alla de 15 steg som ingår i en kvalificerad uppföljning, vilket är en rekommendation för framtida forskning. / Since the year of 2008 every municipality of Sweden has a responsibility to apply the Law of mediation regarding crime, 2002:445 associated with juvenile delinquents. The background to this paper is established with a desire to shed light on mediation and to evaluate the effort conducted in collaboration between the mediation activity, police authority, prosecutors office, social services, prison service and is considered by the court. Mediation as effort is based upon the theory of restorative justice, focusing on repairing the damage between the victim and perpetrator. The purpose of this study is to evaluate the participating actors' experiences of the mediation process in Malmö and what developmental opportunities are identified in relation to the crime preventive and security-creating efforts. The study intends to contribute with evaluation data and in depth knowledge regarding mediation as a crime preventive and security-creating effort. The data consisted of nine qualitative interviews, including the six participating actors in the mediation process. The interviews were transcribed and then analyzed through a thematic analysis. The results identified that mediation in Malmö to a large extent works well. However, developmental improvements were detected to improve the efforts' success through a distinct division of responsibilities, increased questioning, the quality and quantity of follow-ups. The participating actors emphasized that mediation can contribute with profits for the victim and perpetrator. The results of the study can be used by all actors in the mediation process to further develop the effort in Malmö. Nevertheless, other municipalities can make use of this paper in their work regarding mediation. Currently, there are no effect evaluations on mediation that can be applied on today’s society, as well as qualified process evaluations with a follow up on all the 15 steps in the qualified follow-up, which is a recommendation for future research.

Misconduct, antisocial and offending (criminal) behaviour is becoming a problem in South African schools and maintaining discipline in schools is facing many challenges. Current practices do not solve disciplinary challenges. This study reflects upon the discipline system in South African schools as well as risk factors playing a role in possible offences, by means of a case study. An enormous number of learners are still experiencing difficulties concerning their education because of their disadvantaged position in South Africa. In cases where there are disruptions of the learning process due to ill-discipline and antisocial behaviour, it leads to unsuccessful education in a country where there are already obstacles underlying the foundation of the education system. It is important to have an effective disciplinary system implemented in schools. The discipline system in South African schools, currently, views a learner as an offender, when behaviour is such that it is against the school’s rules. The focus is then on proving the offender guilty and then punishing him/her in order to proof that responsibility is taken by the school for his/her actions. The learner punished, in some cases rebel and this leads to further divergent behaviour. In the current school discipline system, the victim plays no role in the process and the changes needed in the discipline process should include the victim. The discipline process should move from a punitive to a restorative system. In a restorative discipline system, intervention plays an important role. The study also places focus on identifying possible risk behaviour at an early age and explored risk factors that may play a role in the management of discipline related concerns and conduct. This process plays a significant role in the intervention process, as learners can be identified and counselled before offending behaviour takes place or intervention can take place the moment that the learner is involved in deviant behaviour. Dynamic risk factors, for example antisocial friends, antisocial behaviour and lack of respect for authority can be addressed through restorative rather than punitive intervention. This study was also directed to develop a South African theoretical framework to be used by schools and the Department of Education, as an alternative to the current punitive system through the application of restorative practices as a support to troubled learners. / Criminal and Procedural Law