Examining the effect of punishment on Financial victims in the context of restorative justice

Document Type : Original Article

Authors

1 faculty of law and political science, Ferdowsi university of Mashhad

2 faculty of law and political science, Ferdowsi university of Mshhad

10.29252/jlr.2022.185342.1726

Abstract

Today, Restorative justice can be considered as a response to some crimes. This concept include elements as victims, confessed criminals, behavior which is affected the victim and local community and the responsibilities of the offender towards the victim. The aim of this responsibility is to compensate the damages which were caused by crime. In the meantime, some consider the responsibility unrelated to punishment and others consider it compatible with punishment.

Through empirical examination of the effect of punishment on real and hypothetical victims, the present study seeks to explain the position of punishment in restorative justice. The statistical population of this research are Iranian students of the Ferdowsi University of Mashhad. By using Cochran’s Q test, the sample size that determined was 378 people. Also the sample selected from population through the stratified random sampling method. Data were collected by Likret scale method. The validity of the questionnaire was examined by professors; the reliability of questionnaire was evaluated by Alpha test at level of 0.81 and data were analyzed through Excel and SPSS.

Findings show that victims have different attitudes toward punishment goals. The Restorative attitude in minor crimes can lead to substitution of the punishment but in major crimes, the restorative attitude is weakened; and the propensity for punishment increase. Evaluating the factors of the victims emotional recovery shows that they cannot restore their emotions without executing the punishment. However, if the apology and compensation are accompanied by punishment, they satisfied with lighter punishment.

Keywords

Main Subjects

References

  1.  

    Books

    1. Daly, K., “The Punishment Debate in Restorative Justice”, in Jonathan Simon and Richard Sparks (editors), The Handbook of Punishment and Society, 1st Ed, London: Sage Publications, 2013, pp. 356-374.
    2. London, R., Crime, Punishment, and Restorative Justice: From the Margins to the Mainstream, 1st Ed, Boulder, Colorado: Lynne Rienner Publishers, 2011.
    3. Van Ness, D., and Strong, K., Restoring Justice: An Introduction to Restorative Justice, 3rd edition, Cincinnati: Anderson Publishing, 2006.
    4. Walgrave, L., “Has restorative justice appropriately responded to retribution theory and impulses?”, in Howard Zehr and Barb Toews (editors), Critical Issues in Restorative Justice, 1st Ed, New York: Criminal Justice Press, 2004, pp. 47–60.
    5. Walgrave, L., Restorative Justice, Self Interest and Responsible Citizenship, 1st Ed, Cullompton: Willan, 2008.
    6. Zehr, H. and Gohar, A., The Little Book of Restorative Justice, Intercourse, 1st Ed, Pennsylvania: Good Books, 2002.

    Conference Paper

    1. Daly, K., (1999, Nov.17-21), “Restorative Justice and Punishment: The View of Young People”, Paper Presented at the American Society of Criminology Annual Meeting, Toronto, Retrieved from: http://www.rpforschools.net/articles/ School Programs/ Restorative Justice and Punishment: The View of Young People.pdf.

     

     

     

    References

    1. Persian references

     

    Books

    1. Gholami, H., Restorative Justice, 2end Ed, Tehran: Samt Press, 2011.
    2. Shiri, A., Restorative Justice, 1st Ed, Tehran: Mizan Press, 2018.

     

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    1. Abbasi, M., “Restorative justice, justice idea Niuean Declaration”, Public Law, 2003, 5(9), pp. 85-129.
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    7. Najafi Abranabadi, A.H., Shadmanfar,M.R. and Tavajohi, A., “Reconciliation and Restorative Justice Doctrine”, Comparative Law Researches, 2008, 3, pp. 193-222.
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    9. Sarikhany, A. and Khaghani Esfahani, M., “A Criticue of the Restorative Criminal Justice in the Western Approach to Criminology, Concerning the Quran-Based Criminal law”, Linguistic Research in The Holy Quran, 2012, 1(1), pp. 49-64.
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    11. Zehr, H., Translator: Hossein Gholami, “Principles of Restorative Justice, Eslah-O-Tarbiyat, 2012, 10(124), pp. 34-37.

     

    1. English references

    Books

    1. Daly, K., “The Punishment Debate in Restorative Justice”, in Jonathan Simon and Richard Sparks (editors), The Handbook of Punishment and Society, 1st Ed, London: Sage Publications, 2013, pp. 356-374.
    2. London, R., Crime, Punishment, and Restorative Justice: From the Margins to the Mainstream, 1st Ed, Boulder, Colorado: Lynne Rienner Publishers, 2011.
    3. Van Ness, D., and Strong, K., Restoring Justice: An Introduction to Restorative Justice, 3rd edition, Cincinnati: Anderson Publishing, 2006.
    4. Walgrave, L., “Has restorative justice appropriately responded to retribution theory and impulses?”, in Howard Zehr and Barb Toews (editors), Critical Issues in Restorative Justice, 1st Ed, New York: Criminal Justice Press, 2004, pp. 47–60.
    5. Walgrave, L., Restorative Justice, Self Interest and Responsible Citizenship, 1st Ed, Cullompton: Willan, 2008.
    6. Zehr, H. and Gohar, A., The Little Book of Restorative Justice, Intercourse, 1st Ed, Pennsylvania: Good Books, 2002.

    Conference Paper

    1. Daly, K., (1999, Nov.17-21), “Restorative Justice and Punishment: The View of Young People”, Paper Presented at the American Society of Criminology Annual Meeting, Toronto, Retrieved from: http://www.rpforschools.net/articles/ School Programs/ Restorative Justice and Punishment: The View of Young People.pdf.

     

     

Legal Research Quarterly
Volume 25, Issue 99 - Serial Number 99
December 2022
Pages 147-182

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History

  • Receive Date: 28 September 2020
  • Revise Date: 26 July 2021
  • Accept Date: 21 September 2021

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