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NCJRS Abstract

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NCJ Number: 118338 Find in a Library
Title: Law and Practice of Victim/Offender Agreements (From Mediation and Criminal Justice: Victims, Offenders and Community, P 152-177, 1989, Martin Wright and Burt Galaway, eds. -- See NCJ-118327)
Author(s): F Dunkel; D Rossner
Date Published: 1989
Page Count: 26
Sponsoring Agency: Sage Publications Ltd
London, EC2A 4PU, England
Sale Source: Sage Publications Ltd
6 Bonhill Street
London, EC2A 4PU,
United Kingdom
Type: Program/Project Description
Language: English
Country: United Kingdom
Annotation: This chapter examines the scope for victim/offender mediation under existing criminal law; opportunities within justice-based social services; and examples of active projects in the Federal Republic of Germany, Austria, and Switzerland.
Abstract: The existing West German Penal Code emphasizes that when sentencing, the offender's efforts to make good the damage and "to reach an agreement with the injured party" are expressly relevant in selecting the type and amount of the sanctions imposed. Thus, the principles of reparation and victim/offender mediation are already inherent in current criminal law, especially in West Germany. In West Germany, Austria, and Switzerland, prosecutorial discretion permits the diversion of cases involving petty offenses to informal processing such as mediation. Also, presentencing efforts by offenders to make good the damage incurred by the offense can serve to reduce the court's sentence in all three countries. Opportunities for victim/offender mediation and reparation in the prison context pertain to evidences of good behavior and the fulfillment of parole conditions. 30 notes, 78 references.
Main Term(s): Victim-offender reconciliation
Index Term(s): Austria; Germany; Mediation; Switzerland
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