Negotiating offender restoration in a restorative justice meeting without a victim present

Abstract

Victim participation has been seen to progressively alter the dynamics of restorative justice (Earle et al., 2003). However, in some instances, victims do not attend meetings. Whilst claims have been made that partial restoration can still occur in meetings without a victim present (Doolin, 2007; Zehr, 2014), findings have revealed that best outcomes were achieved when victims and offenders were brought together (Campbell et al., 2006; O’Mahony and Doak, 2004). This study used an audio-recording of one restorative justice meeting that was transcribed, applying the method of conversation analysis to examine how institutional objectives were negotiated without a victim present. Findings revealed that, in the absence of a victim and without effective facilitation, achieving partial restoration was difficult. Attempts failed to encourage the offender to accept responsibility and understand the impact of his actions, highlighting the significant part a victim plays in the restorative justice process, but also demonstrating the crucial role the facilitator plays in achieving outcomes.