Mediation in criminal cases
Mediators in criminal cases guide the complex dynamics between suspect and victim. It is important that the suspect takes responsibility for the committed crime and its consequences. This makes rehabilitation possible for both parties.
Objective
The purpose of this SIA-Raak research is to find out how a suspect can take responsibility for the committed crime and its consequences and how the mediator can support this.
Results
- A guide for mediation officers to assess the appropriateness of a case
- Intervention techniques for mediators
- Criteria for describing responsibility in the closing agreement
Duration
01 September 2022 - 31 August 2024
Research question and sub-questions
Research question
What criteria can mediation officers and mediators use when identifying and encouraging "taking responsibility by a suspect" during the mediation in criminal cases process and what repertoire of actions is needed for this?
Sub-questions
1. In what way is 'taking responsibility by the suspect' experienced by the different stakeholders (mediation officers, mediators, suspects, victims, judges, prosecutors, criminal lawyers) in the different phases of the mediation process?
2. How can 'take responsibility by a suspect' be defined?
3. How can mediation officers during the preliminary conversation (phase 1) and mediators during the intake (phase 2) assess whether a suspect is willing and able to take responsibility?
4. What interventions by mediators are most effective in getting suspects to take responsibility during the intake (phase 2) and the joint meeting (phase3)?
5. In what way can mediators define "taking responsibility by a suspect" in the final agreement (phase 4) so it is clear to judges and prosecutors?
Approach
We answer the research questions by means of literature research, interviews, and expert workshops.
