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Offenders' perception of restorative poling - Focusing on the restorative dialogue program -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(2), pp.689-722
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 19, 2024
  • Accepted : May 22, 2024
  • Published : May 31, 2024

Lim, Hyungjin 1,  MoonKwi KIM 2

1백석대학교
2호서대학교

Accredited

ABSTRACT

This study was conducted to verify how offenders perceive the ‘restorative dialogue’ program being conducted by the police recently. For this purpose, this study conducted a survey on 87 offenders, and analyzed the survey responses of 81 people who had participated in the ‘Restorative Dialogue’ program from beginning to end. The results of the analysis of the offender's perception of the program process are as follows. First, the perpetrators generally had a good understanding of what the police officers and facilitators explained. Second, the perpetrators responded positively to their autonomy and the fairness of the ‘Restorative Dialogue’ program, and responded very positively to their honesty. Third, after experiencing the program, offenders had positive evaluations regarding the way the facilitator prepared for restorative dialogue, fair treatment of themselves and others, providing opportunities to express their position and emotions, and trust in the facilitator. Fourth, after experiencing the program, offenders had positive evaluations of trust in the police, respect for the law, and trust in the judicial system. Fifth, the perpetrators perceived the program positively in resolving misunderstandings (grievances), recognizing the consequences of damage and mistakes, being satisfied with the outcome of the agreement, and resolving uncomfortable feelings. The results of the analysis of the offender's perception of the program's effectiveness are as follows. First, offenders responded positively to the invitation to participate in the program. Second, the perpetrators had a positive perception of admitting their mistakes through the program. Third, the perpetrators reacted very negatively to repeating acts of harm against others other than the victim during, after, and in the future of the program. Fourth, perpetrators have positive feelings about their increased feelings of sorry for the victims, the thought of not repeating the offending, decreased bad feelings toward those who criticized them, improved family relationships, improved trust in the police, and improved trust in people. Lastly, the offenders expressed satisfaction with the restorative dialogue program, the police officer in charge, and the facilitator. On the other hand, they showed a slightly higher level of satisfaction with the police officer in charge than the facilitator. The results of this study show the following policy implications. First, the ‘restorative dialogue’ program needs to be maintained and developed. Second, there is a need to consider ways to increase offender satisfaction with the ‘restorative dialogue’ program. Third, there is a need to continue managing the perpetrator(s) even after the ‘restorative dialogue’ program. Lastly, there is a need to strengthen promotion of the ‘restorative dialogue’ program to the general public.

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This paper was written with support from the National Research Foundation of Korea.
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