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矯正機構實施修復方案意向調查:管理人員以及受刑人的觀點

Restorative Practice in Correctional Facilities: Exploring Inmates' and Officers' Views

摘要


近二十年來修復式正義方案已於刑事司法體系中廣為應用,惟在矯正機構中的修復方案較少被討論,實證研究也很稀少。有鑒於法務部已將修復式正義列為司法改革目標之一,為探討在矯正機構實施修復方案的可能性,本研究調查了臺灣北部三所矯正機構328名男性成年受刑人與115名管教人員對於修復式正義方案推展的態度、需求與參與動機。調查結果發現:受刑人對犯行造成對自己與周遭親友之傷害有所認知,但較少意識到犯行對被害人或是社會的影響。其次,受刑人較願意參與的修復方案為不需要接觸到被害人的社區服務工作,而表示希望參與方案的受刑人主要的動機在於提升自我感受與學習一技之長。被害認知、刑期、違規經驗等與受刑人參與修復方案意願有正相關。管理人員則認同在矯正機關內推動修復方案以加害人方案較適合,但在修復方案的目的上仍未能達成共識。根據調查發現對未來修復式方案規劃與後續研究提出若干建議。

並列摘要


Restorative justice (RJ) practices have been employed in criminal justice system worldwide. However, restorative projects in prison were understudied. In Taiwan, promoting RJ has been listed as government policy on judicial reform by the Ministry of Justice. In order to explore the possibilities of developing RJ in prisons, this current study conducted a survey in three Northern Taiwan prisons for the views and attitudes from 328 adult male inmates and 115 correctional officers. The results show that the majority of inmates are aware of the impact of their offenses toward themselves, family, and friends. However, fewer inmates recognize the harm done to victims and the society. Inmates are more willingly to participate in activities which do not involve contacts with victims, such as community service and labor work. Their motives of enrolling in RJ project are self improvement and skills building for the preparation of release. Victim awareness, remaining time of sentence, and violation records are positively correlated with the willingness of enrolling. For correctional officers, they show more positive views on offender centered RJ projects. However, there are different views concerning the purpose of RJ project in prison. Some suggestions for future practice and research are presented according to our findings.

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