The role of criminogenic needs and emotions in restorative justice: Offenders’ experiences in victim–offender mediation
| Author | Anna Meléndez |
| DOI | 10.1177/2066220320948374 |
| Published date | 01 April 2021 |
| Date | 01 April 2021 |
| Subject Matter | Original Articles |
https://doi.org/10.1177/2066220320948374
European Journal of Probation
2021, Vol. 13(1) 21 –40
© The Author(s) 2020
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DOI: 10.1177/2066220320948374
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The role of criminogenic
needs and emotions in
restorative justice: Offenders’
experiences in victim–offender
mediation
Anna Meléndez
Universitat Autònoma de Barcelona, Spain
Abstract
Restorative interventions can deal with some criminogenic needs. They can address
the offenders’ antisocial attitudes, lack of problem-solving strategies, empathy and self-
control or, substance use problems (Moraleda etal., 2004; Raynor etal., 2012; Vanstone
and Raynor, 2012). At the same time, restorative justice practices offer the possibility
to express emotions and feelings, which are essential elements in a transformative
process. The purpose of this article is to identify both, criminogenic needs and emotions
expression through offenders’ experiences in Victim–Offender mediation (VOM). The
research is developed in three phases and include qualitative and quantitative research
methods. This article focuses in the second and third phases. The second involves
non participant observation of VOM (40); and the third requires a post-analysis of the
process (questionnaires 40), which includes an interview (12) occurring six months
after VOM. General data give us a variety of results, and qualitative analysis exemplifies
the different cases.
Keywords
Criminogenic needs, emotions, rehabilitation, restorative justice
Criminogenic needs and emotions in restorative justice
Criminogenic needs are attributes of offenders that are linked to criminal behavior. In
other words, they are dynamic factors that are strongly correlated with risk and they can
all be targeted for change. These factors can be internal and external obstacles that do not
Corresponding author:
Anna Meléndez, Autonomus University of Barcelona/Universitat Autònoma de Barcelona, Building B. Vall
Moronta Street. Campus de la UAB (Bellaterra), Barcelona, 08193, Spain.
Email: anna.melendez@uab.cat
948374EJP0010.1177/2066220320948374European Journal of ProbationMeléndez
2020
Original Article
22 European Journal of Probation 13(1)
allow adquire primary goods in a pro-social way (Ward et al., 2014). The concept
includes factors that offenders are saddled with, such as their attitudes and values; their
lack of problem solving skills, empathy and self- control and their substance use (Latessa
and Lowenkamp, 2005).
Restorative interventions allow positive, mutually respectful and pro-social interventions
and put the focus on moral repair, on how crime should be responded and the responses that
should be expected from offenders, vicitms and community (Ward et al., 2014). Restorative
justice (RJ) values – such participation, respect, honesty, accountability, empowerment,
empathy, mutual understanding – can deal with some criminogenic needs, according to both
Risk Need Responsivity (Hamilton et al., 2017) and Good Lives Model models (Ward et al.,
2014). This means accepting the possibility of integrating RJ and rehabilitation.
RJ practices can address the offenders’ antisocial attitudes, but especially their lack of
problem-solving strategies, empathy and self-control or, in a less intense way, substance
use problems, all of which should be taken into account (Moraleda et al., 2004; Raynor
et al., 2012; Vanstone and Raynor, 2012). Some studies (Shapland et al., 2011) have
shown that when the conferencing or mediation session was focused on the offence and
its consequences, it allowed victims and offenders to think about how to deal with the
offenders’ criminogenic needs. Some authors (Moraleda et al., 2004; Raynor et al., 2012)
consider that problem solving relates to how people, in this case the parties, engage col-
laboratively in the process of identifying problems, goals and solutions. In fact, Baglivio
and Jackowski (2015) show in their findings the ability of victims interventions on hav-
ing an impact to reduce the risk in criminogenic domains related to offending behavior,
it allowed moral development, understanding emotional states of others. Dynamic crimi-
nogenic factors were in the end significantly reduced.
RJ practices offer the possibility to express emotions and feelings. Even if emotions
are always present, sometimes can be just kept, whereas other occasions can be clearly
expressed. Direct contact with victims by meeting them face to face is associated with
the emotions of guilt, remorse and shame, sparking in offenders the desire to apologise,
make amends make positive changes (Beech and Chauhan, 2012; Van Stokkom, 2002).
Meeting the victims can increase the participants’ concern for them and significantly
boost their intention to change (Umbreit, 2001).
For the offenders, talking about the offence and their backgrounds or addictions can be
charged with emotion. Some authors think that emotion is an essential element in a trans-
formative process. For example, some authors have stressed that it is necessary to feel
shame emotionally before being restored (Braithwaite, 1989). Some others have argued
that remorse and empathy play a more important role than shame. Harris et al. (2004)
think that emotions like remorse, empathy and guilt will involve feelings of shame.
Respectful and reintegrative processes enable offenders to feel empathy. Empathy is an
important goal for offenders so that they can understand the harm caused by an offence,
which is important for genuine remorse and a willingness to repair the harm done (Harris
et al., 2004). Some researchers have shown what RJ and, in particular, face-to-face meet-
ings can do to reduce the harm to victims caused by crime. This is possible because
through the interactions in the context of RJ, victims can reduce the desire for violence,
for revenge against the offenders and self-blame, which can lead to forgiveness, and thus
to success. In their review of the literature, Harris et al. (2004) suggest a theoretical ideal
sequence by which moral emotions can succeed each other in a conference setting. First,
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