Conflicts as Property*

Christie, Nils

doi:10.4324/9781351150125-2

Cited by 46 publications

(89 citation statements)

References 1 publication

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“…The empirical research into victims in restorative justice (see Vanfraechem et al, 2015), for instance, reveals that elements of the process are experienced as outcomes in themselves, with the meeting and interaction with the offender often seen as more important than the terms of any resulting mediation settlement. Marshall's definition also points to the involvement of the social surroundings of victims and offenders in this procedure, rather than professionals with no personal stake in the matter (see Christie, 1977), although both definitions also emphasize the importance of fully understanding the context of what happened, who has been harmed and what relationships have been damaged. Crawford recently examined the issues of temporality in restorative justice, which in his view seeks to provide 'a rearticulated understanding of the relationship between the past and future' (2015: 470), reordering the past, with an eye to resolving issues in the present and addressing issues of risk and security in the future.…”

Section: The Narrative Victimology Of Justice Processesmentioning

confidence: 99%

Stories of injustice: Towards a narrative victimology

Pemberton

Mulder

Aarten

2018

European Journal of Criminology

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Narrative has become a popular approach in a number of disciplines, including, recently, that of criminology. In this paper, we contend that the study of crime and harm would benefit from a complementary yet distinct perspective of narrative victimology. We discuss key characteristics that illuminate victimological experiences as inherently moral, and hence best addressed through a narrative approach. These include the attribution of intent, the experience of having harm done to oneself, and the narrative implications of being victimized, culminating in the root metaphor of victimization as a historical event. We argue why the narrative approach is particularly suited to the study victimization and its aftermath, including the interaction with justice processes and social surroundings. Suggestions for future research are included.

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Section: The Narrative Victimology Of Justice Processesmentioning

confidence: 99%

Stories of injustice: Towards a narrative victimology

Pemberton

Mulder

Aarten

2018

European Journal of Criminology

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“…The victimology literature has long recognised the importance of voice and representation in justice processes. Christie (1977) identifies this as an ownership of the criminal conflict.…”

Section: Evidence Trial Fairness and Therapeutic Justicementioning

confidence: 99%

Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence

Kirchengast

2021

The International Journal of Evidence & Proof

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The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform Commission (2016) considered the potential role of legal counsel for complainants in the criminal trial process. While contrasting quite significantly with the traditional adversarial framework—which sees crime as contested between state and accused—legal representation for complainants is not unprecedented, and victims may already retain counsel for limited matters. Despite broader use of victim legal representation in the United States, Ireland and Scotland, and as recently considered by the Sir John Gillen Review in Northern Ireland, legal representation for sex offences complainants is only just developing in Australia. Notwithstanding recent reference to legal representation for complainants where sexual history or reputational evidence may be adduced, there exists no sufficient guidance as to how such representation may be integrated in the Australian criminal trial context. This article explores the implications of introducing such counsel in Australia, including the possible role of non-legal victim advocates.

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“…Mass incarceration evokes images of a repressive state, with criminal justice as a closed, inaccessible niche concealing the dirty work of dealing with those who will not or cannot play by the rules (Christie, 1977; Dzur, 2014). However, mass incarceration has occurred alongside – and arguably through – increasing citizen involvement in criminal justice (Miller, 2014).…”

Section: Citizen Involvement In Mass Incarcerationmentioning

confidence: 99%

Evaluating voluntary sector involvement in mass incarceration: The case of Samaritan prisoner volunteers

Tomczak

Bennett

2020

Punishment & Society

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Mass incarceration and supervision operate through a mixed economy. Using the case study of Samaritans’ emotional support for prisoners in distress in England and Wales, we present an original framework of five normative criteria to facilitate nuanced assessment of voluntary sector criminal justice participation. This is an urgent, significant task for theory and practice: we need to find forms of public input that can deconstruct bloated penal systems. Whilst citizen involvement can be a positive form of ‘people power’, our assessment of Samaritans’ ostensibly welcome humanitarian intervention reveals how it deflects attention from severe shortcomings of the penal system. In the context of mass incarceration, we conclude that voluntary sector and citizen involvement in individualised service delivery alone risks obscuring deep problems and delaying much-needed change. This topic is particularly timely, given increasing non-state involvement in criminal justice and the global problem of prison suicide.

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Conflicts as Property*

Cited by 46 publications

References 1 publication

Stories of injustice: Towards a narrative victimology

Stories of injustice: Towards a narrative victimology

Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence

Evaluating voluntary sector involvement in mass incarceration: The case of Samaritan prisoner volunteers

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