Putting justice needs first: a case study of best practice in restorative justice

摘要

This paper presents the findings of an empirical study into the process and outcomes of a post- sentencing, victim-centred, restorative justice practice (victim–offender conferencing) for victims and adult offenders convicted of serious crime in New South Wales Australia. Using victim–offender conferencing as a case study of restorative justice, a mixed-method approach was used to explore 74 of the 76 victim offender conferences completed by the Restorative Justice Unit between 1999 and 2013. This involved a reconstruction of completed cases (using documentary analysis of case files and in-depth interviews with original facilitators, 60 each); an ethnographic study of fourteen current cases using observation and pre- and post-participant interviews (twelve observations, 103 interviews); and a follow-up study exploring participant experiences five years later (32 interviews). With a 95 per cent ‘success’ rate, Toews’s (2006) ‘justice needs’ framework is developed to explain motivations, experiences and outcomes for victims.