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- Marklund, Linda, 2011-
(författare)
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Ett brott - två processer : Medling vid brott och unga lagöverträdare i straffprocessen
- 2011
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- A crime and the two processes meeting the young offender is the core of this work. The aim has been to analyze the areas that seem problematic when mediation (restorative justice) and criminal procedure for young people have to interact. The main questions have been: · Which restorative process is used and what is its purpose? · What is the legal status of restorative justice/mediation? · What are the roles of the parties and of the mediator? The method used in this work has been a traditional legal method in combination with participant observation. Additionally, a case study of mediation has been used to illustrate the mediation process. The restorative justice process that is used in Sweden is the victim offender mediation and it is organized as a semi independent service. According to the Mediation Act, the purpose of the process is: a) for the offender to gain further insight on the impact of the crime, and b) for victims to have the opportunity to process their experiences and resolve potential issues. Mediation has the ability to provide the parties to a conflict with closure and thus the possibility to move forward. As such, mediation serves as a complement as well as an alternative to the legal process. The results show that the Swedish mediation service needs more explicit support and education at all levels, and that there is a need for more well-defined rules and guidelines. The legal rules and guidelines must, however, not impede on the uniqueness of the mediation process; the voluntaries, the confidentiality, the equality, the reconciliation and the facilitation. If it does, the mediation process will end up as a pale copy of the law, and the mediators the new professionals who steal the conflict from those who really own it.
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