Professional Documents
Culture Documents
Validation Offender
of the
victimiza- Victims’ accounta-
bility
tion
needs of
Justice
Vindication Voice
DALY,
2017
METHODOLOGY
o Type of study: qualitative study
o Method: Grounded Theory (Charmaz, 2006)
o Type of analysis: open, axial, selective coding
and additional analysis based on comparisons
(Strauss & Corbin, 2002)
o Data collection technique: Semi-structured
interviews
SAMPLE
Adults
Co-victims of homicide
Victims’ center support
Closed judicial processes
Condemnatory sentence
Case Type of Victim’s Co-victim’s Victim- Time passed
crime gender gender offender between the
relationship ofense and the
interview
VF 4 Femicide Female Male (brother) Known 36 months
Media
VF 5 Homicide Male Male (father) Unknown 39 months
VF 17 Homicide Male Female (mother) Known 41 months
"Because they actually (...) were willing to put 15 million pesos and they
then made the decision not to accept that, and that (…) was the only (...)
decision (…) someone at least thought and thought beyond the laws.
"(VF 4).
“Porque ellos de hecho (…) estaban dispuestos a poner 15 millones
de pesos y ellos entonces tomaron la decisión de no acoger eso, y eso
fíjate que me pareció la única (…) decisión que tú dices aquí alguien
por lo menos pensó y pensó más allá de las leyes.” (VF 4).
Victims’ perceives that they are annoying for CJS. In that panorama,
vindication is not even mentioned and when it’s done by the CJS, the
offer does not adapt to the victims’ needs.
OFENDER ACCOUNTABILITY
"I feel a little bad suddenly when I talk about this topic, but
(...) if it’s useful. That's why I do it (...) Because what I want
it is that (the offense) does not happen again"(VF 29).
“Yo me siento un poquito mal de repente cuando hablo
de este tema, pero (…) si en algo sirve. Por eso lo hago
(...) Porque lo que yo quiero es que no vuelva a pasar”
(VF 29).
Co-victims don’t mention spontaneously the need for
offender to take responsibility. However, we can say that
for co-victims it is important that offender does not
commit the same offense again.
JUSTICE ACCESS
“My son didn´t have justice. Why? Because
I’m poor” (VF 23).
“Mi hijo no tuvo justicia ¿Por qué? Porque soy
pobre” (VF 23).
• CJS should guarantee the same possibilities
independent from personal characteristics.
DISCUSSION
Absence of spontaneous comments on the need of
offender accountability remains relevant. We wonder if this
has something to do with the adversarial system in Chile, in
which there is no promotion of offender accountability.
More research is required for having new evidence of:
a) Judicially open cases in longitudinal studies
b) Cases with no judicial process involved
c) And cases with no condemnatory sentence
Results for validation allows us to think that insatisfaction
with the CJS can move other resources of the victim for
making justice (e.g. contacting media), but that would not
replace the CJS role in making justice.
DISCUSSION
The need of voice in the trial, direct us to understand justice
like a social phenomenon, that requires implementing more
efforts of CJS in working with co-victims of homicide.
Vindications’ needs are more than a law issue. Through
different needs, the importance to co-victims of adapting to
them has been crucial.
Participation can not be thought if co-victims feel isolated
from the judicial actors. We have create the concept of the
‘anonymous victim´ to think and open new questions of what
really victims need.
Justice access. Victims’ may need to have the same chances of
justice than anyone else no mater it’s gender, sexual orientation
or media contacts and economic status of the co-victim.
CONCLUSIONS
• There are consistent elements with theory mentioned in terms of
validation, voice and participation/information, for the sample
exposed.
• Vindication it is in fact offered withot concerning victim´s
needs.
• Related to the offender accountability -like a less visible
aspect- it’s important to mention a related category: Justice
access
• Socioeconomic factor of the sample
• Justice like something that may be cost for it’s success
• Hopeless sense of justice when linked to CJS
• Low credibility given to the CJS
• And a strong punitive view of the CJS
• Justice access is understand as the desire of co-victims of a
blinded CJS in the sense of having preferences.
REFERENCES
Charmaz, K. (2006). Constructing gruonded theory. London: Sage.
Daly, K. & Wade, D. (2017). Sibling sexual violence and victims’ justice
interests: a comparison of youth conferencing and judicial sentencing. in e.
Zinsstag & m. Keenan (eds.) Sexual violence and restorative justice: legal,
social and therapeutic dimensions (pp.143-178). London: Routledge.