Restorative Justice in France: A Participatory Turn? Empirical Research on the Management of Victims’ Participation
(2024) International Criminology — Vol. 4, n° 1, p. 31-43 (2024)
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- In France, the increased attention to victims’ experiences is undeniable. This attention is one of the many vectors of transformation of the modern judicial system. It has helped the development of restorative justice, which, in turn, reinforces greater awareness of victims in the justice system. However, does this increased attention to victims contribute to them participating more actively in today’s criminal justice system? Following a literature review and a methodology section outlining three and a half years of empirical research, the discussion presents three key findings. (Section I) As managed by the central state, the integration of restorative justice into criminal justice opens a new hybrid space for victims; however, this space remains both state dependent and marginalized in many ways (number, space, legitimacy, etc.). (Section II) As a result of the relative indifference of the state, the development of this space relies on convinced and enthusiastic (para)legal professionals. Their role appears to be crucial. In this light, participation in restorative measures reflects more on the activity of these (para)legal professionals than on victims’ demands and agency. (Section III) Finally, I focus on the participants: Do the victims experiencing these restorative measures share the perspectives of these intermediaries? Empirical data suggest a dissociation between restorative measures and criminal proceedings, implying that participation in restorative justice measures has little to do with participating in the criminal justice system, which is represented by the courts, lawyers, and judges. This is related to the modalities of restorative justice’s institutionalization in the country.
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Griveaud, D. (2024). Restorative Justice in France: A Participatory Turn? Empirical Research on the Management of Victims’ Participation. International Criminology, 4(1), 31-43. https://doi.org/10.1007/s43576-024-00111-x (Original work published 2024)