Towards a Framework for Conceptualizing and Evaluating Models of Criminal Justice from a Victim's Perspective 1

Abstract

In this article we outline a typology of ‘models’ or conceptual contexts within which a variety of victim-based measures has been proposed, and in many cases adopted, in various common law jurisdictions. The purpose of the typology is to clarify some of the confusion surrounding these measures and, in particular, the scope they offer for reparative and restorative approaches to operate either within or alongside the mainstream criminal process. Drawing on recent empirical findings and theoretical writings we also seek to evaluate the victim-oriented measures that are associated with each of the models. Within the typology three distinct models of restorative justice are examined and we argue that one of these, the Communitarian Model, emerges as the most coherent, credible and constructive challenger to the hitherto predominant Retributive Model.