Pagina dettaglio corso numero uno

Lynn S. Branham’s article, “Filling the Void in Victims’ Rights: A Deconstruction of Objections to a Right of Access to Restorative Justice for Victim-Survivors,” published in the University of Pennsylvania Journal of Law & Public Affairs (Vol. 11, No. 2), critically examines some of the main objections that have emerged in the debate surrounding the introduction of a right of access to restorative justice for victim-survivors. The article draws on a legislative hearing held in Colorado during the discussion of a bill considered innovative in the field of victims’ rights. 

Branham identifies and deconstructs three problematic assumptions. The first concerns the confidentiality of restorative justice proceedings and the possibility of protecting statements made during such processes through forms of evidentiary privilege. The second relates to the view that victims of sexual assault and domestic violence should not have access to restorative justice. The third would limit such access to a stage following the eventual conviction of the offender. 

The author demonstrates that these positions are inconsistent with the principles, purposes, and functioning of restorative justice, as well as with the available empirical evidence concerning its outcomes. 

The article further highlights how a distorted understanding of restorative justice may hinder future legislative reforms aimed at addressing the existing gap in victims’ rights and legal protections. 

Overall, the article offers a particularly valuable reflection on the relationship between restorative justice, victims’ rights, responsibility, and procedural safeguards, calling for a reconsideration of the role that restorative justice can play within the criminal justice system. 

For further information about the volume, click here.