NCJ Number
172620
Date Published
1996
Length
20 pages
Annotation
This paper reviews the development of program activities and restorative law in Germany, with attention to the leading victim- offender reconciliation program (VORP) for adult offenders, the nonprofit organization WAAGE ("scale") in Hannover.
Abstract
German Tater-Opfer-Ausgleich (TOA) programs are similar in approach and procedure to the North American VORP reconciliation programs. They focus on the participation of both victim and offender and emphasize the process of conflict resolution and reconciliation. Restitution for victims is viewed as only one possible goal in a conflict-resolving process that demonstrates that the damage done is made good. TOA in Germany is not only designated as a possible component in a probation order, or as a general basis for sentencing and grounds for mitigation, but the Criminal Code also provides that TOA may constitute a sentence in its own right. WAAGE's central objective is to facilitate participation and conflict resolution. The initiation and facilitation of a controlled forum for settling and resolving conflicts is at the center of the concept of reconciliation. WAAGE case studies point out the dynamic of mediation, explain the specific role of the mediator, and focus on the conflict- oriented approach of the program. Data are presented from 75 open-ended interviews with participants from August 1992 through December 1994. The assessment of expectations and experiences focuses on the correlation of participation, satisfaction, justice, and fairness. Often, the non-material aspects were primary in the participants' statements concerning the outcome of TOA. The face-to-face encounter with the other party clearly had a value of its own for many participants. They were active in reducing the damage done and in negotiating the type of redress and amount of compensation and could identify with the result; TOA is a success from the perspective of those involved. 33 references