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Negotiation with Criminals

NCJ Number
206823
Journal
Journal of Police Crisis Negotiations Volume: 3 Issue: 2 Dated: 2003 Pages: 3-11
Author(s)
Miguel Angel Martin Ph.D.; Maria de los Angeles Vecchiarelli Ph.D.
Editor(s)
James L. Greenstone Ed.D.
Date Published
2003
Length
9 pages
Annotation
This article presents a discussion on mediation and its usefulness as a discipline in the process of probation and re-socialization.
Abstract
Negotiations in criminal situations open the way to new possibilities of re-socialization; where the victim and the author of the crime or criminal offender have a forum where they can solve the problem by finding a solution that is amenable to both affected parties and excludes the necessity of a solution by a third party. This Argentinean translated article discusses the development of a new method of socio-humanistic treatment in which education is its main mobilizer, referred to as mediation. A mediator must play the part of collaborator in cases of controversy, working with the Proof Officer. Mediation can be applied in any conflict situation that arises between involved parties of the perpetrated crime, such as victim, author of a crime or offender, attorney, and advisors. It is recommended that the probation officer, who is typically a mediator expert, not play the role of mediator. The mediator operates according to the probation system within four situations: criminal mediation, educational mediation, familiar mediation, and community mediation. These situations give priority to philosophical aspects, principles, and instruments of the mediation institute. Within negotiation (the process of influence that arises from the circumstance of having to satisfy needs, interests, wishes, and objectives of our own or of somebody else) and the solving of conflict, the probation officer must be able to manage the processes of negotiation and the resolution of problems. Mediation and/or conciliation are very useful disciplines for the probation officer given the fact that when the officer has to celebrate agreements or obtain consent by the people involved in the conflict then the management of adversities and of conflicts can be done in a similar way to that of mediation. 3 Notes

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