谈论惩罚:当受害者与罪犯交流时,他们对惩罚的看法如何变化

IF 2.3 1区 社会学 Q1 CRIMINOLOGY & PENOLOGY
D. Batchelor
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引用次数: 4

摘要

恢复性司法与报复性司法相反的神话仍然存在,尽管有着悠久的修辞挑战历史。只有实证证据才能推动这场争论,因此本文从受害者的角度考察了惩罚与受害者-罪犯沟通之间的关系。对40名犯罪受害者的采访表明,一些受害者将受害者与罪犯的沟通和惩罚视为替代方案,而另一些受害者则认为他们是独立的。然而,超过一半的参与者预计,与罪犯沟通会提高他们对罪犯惩罚的满意度,或者事后报告事实确实如此,这表明一些受害者通过与罪犯沟通来实现惩罚目标。当受害者收到有关罪犯惩罚的信息、收到罪犯的反馈或利用与罪犯的沟通来实施自己的温和惩罚时,就会发生变化。受害者并没有受到过度的惩罚,但这项研究至少从一些受害者的角度证明了惩罚与受害者-罪犯沟通之间存在联系。本文认为,我们不应忽视或试图消除这种关系。相反,承认和审查受害者-罪犯沟通中惩罚的存在将改善实践,并为受害者、罪犯和社会带来更好的结果。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Talking punishment: How victim perceptions of punishment change when they communicate with offenders
The myth that restorative justice is the opposite of retributive justice persists, despite a long history of rhetorical challenges. Only empirical evidence can advance the debate, so this article investigates the relationship between punishment and victim–offender communication from the victim’s perspective. Interviews with 40 victims of crime established that some victims saw victim–offender communication and punishment as alternatives, and others saw them as independent. However, more than half the participants expected that communicating with the offender would increase their satisfaction with the offender’s punishment or reported afterwards that this was in fact the case, suggesting that some victims fulfil punishment objectives through communication with the offender. The changes occurred when victims received information about the offender’s punishment, received feedback from the offender or used communication with the offender to impose a mild punishment of their own. Victims were not excessively punitive, but this study demonstrates the existence of an association between punishment and victim–offender communication from at least some victims’ perspectives. This article argues that we should not ignore or attempt to eliminate this relationship. Rather, acknowledging and examining the existence of punishment within victim–offender communication would improve practice and generate better outcomes for victims, offenders and society.
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来源期刊
CiteScore
4.90
自引率
12.50%
发文量
60
期刊介绍: Punishment & Society is an international, interdisciplinary, peer reviewed journal that publishes the highest quality original research and scholarship dealing with punishment, penal institutions and penal control.
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