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NCJ Number: 172629 Find in a Library
Title: Situation, Ethical Grounds and Criminal Political Perspectives of Victim-Offender Reconciliation in the Community (Restorative Justice: International Perspectives, P 403-415, 1996, Burt Galaway and Joe Hudson, eds. -- See NCJ-172607)
Author(s): D Rossner
Date Published: 1996
Page Count: 13
Sponsoring Agency: Criminal Justice Press/Willow Tree Press
Monsey, NY 10952
Sale Source: Criminal Justice Press/Willow Tree Press
P.O. Box 249
Monsey, NY 10952
United States of America
Language: English
Country: United States of America
Annotation: This evaluation was based on an assessment of all projects that involved victim-offender reconciliation in Germany from 1985 until the end of 1990.
Abstract: It was compiled on the basis of the final reports on four extensive projects conducted among juveniles, as well as of a pilot project in Tubingen. Approximately 2,000 cases (about 350 of them adults) were covered. Victim-offender reconciliation in Germany is conducted mainly by independent bodies of the youth welfare service and also by juvenile court personnel. Several projects have been started in the criminal justice system, and evaluation has shown good results. The majority of offenses addressed through victim-offender mediation involve bodily injury, theft, criminal damage, and robbery. The ethical underpinnings of victim-offender reconciliation involve accountability for one's actions and the principle that taking responsibility has priority over punitive constraint. Further, the victim's needs and interests are more of a priority in victim-offender reconciliation than in traditional court processing, and conflict management is a central feature. In 1992, a work group of German, Swiss, and Austrian criminal-law academics published a policy document (AE-WGM) that recommends introducing compensation into the system of legal consequences. The German legislature has put this concept into practice under section 46 of the German Penal Code. This section provides that the judge may decide to refrain from punishment in cases in which a penalty of up to 1 year is incurred and victim-offender reconciliation has occurred. The public prosecutor may withdraw the charge on the same conditions. Victim-offender reconciliation has thereby become an integral part of the legal system of sanctions. 8 references
Main Term(s): Criminology
Index Term(s): Conflict resolution; Corrections effectiveness; Foreign correctional systems; Germany; Restitution; Victim-offender reconciliation
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