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Counter-Transference

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In order to impartially help all parties involved in the restorative process, we need to be aware of our own issues and biases.

Based on your research and understanding of the above, express your views on the following:

In which crimes or types of criminal cases would you have trouble being impartial when dealing with the victim and the offender? Why?
How would you handle these situations if you worked on these cases?
What steps could you take to work through your feelings in order to better help those you are supposed to serve? What alternative steps would you take if you could not resolve your feelings?
Van Ness discusses the idea of coercion vs. willingness to participate in the restorative justice process. How do you interpret this statement? Can an encounter still be restorative if one of the parties is coerced into participating in the process? Why or why not? Of the four types of encounters, which is the most effective? Why?
Are some approaches best for specific situations? If yes, which approaches are appropriate for which situations? If no, explain why you feel any approach would be appropriate for any situation.
Some encounters do not include all participants of restorative justice. Would these encounters still be effective means for reaching restorative ends? Why?

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Solution Summary

Counter-transference is expressed is examined. The crimes or types of criminal cases would you have trouble being impartial when dealing with the victim and the offender are analyzed.

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In which crimes or types of criminal cases would you have trouble being impartial when dealing with the victim and the offender? Why?

The cases that would cause me to be impartial when dealing with the victim and offender would be sexual assault cases because these cases involve emotional trauma that causes the victim to suffer Post Traumatic Stress Disorder. The victim could literally relive the traumatic event again once they encounter the offender, and this would be negative for the victim and cause further pain and suffering to occur. Therefore, with these types of criminal cases, it would be problematic for me personally to remain impartial to any suffering that occurs on behalf of the victim because of the restoration. The fact that the victim could be further victimized as a result of the restoration process would cause alarm and concern on my behalf, which would give cause for concern as to whether this approach is suffice or not. The approach that needs to be focused upon in these situations is counseling and care given toward the victim's specific needs in regard to any PTSD issues.

How would you handle these situations if you worked on these cases?

If handling one of these cases, the objective should be to "restore" the victim to their previous state, and to accomplish this goal would require the use of a program called RESTORE wherein the victim is offered the opportunity to participate in restoration if they deem this to be more desirable than proceeding to trial. If the offender is eligible, ...

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