修復式正義應用於重大暴力犯罪行為人之研究

A study of applying restorative justice to the serious violent offenders

本研究的主要目的在於探討重大暴力犯罪行為人經歷修復式正義之歷程與經驗，採用敘事研究法，以半結構式的深度訪談向三位曾違犯重大暴力犯罪並經歷修復程序之成年人進行資料之蒐集。研究結果發現：一、重大暴力犯罪行為人投入修復程序之契機有感到孤獨、渴望改變現狀及自願參與；二、重大暴力犯罪行為人參與修復程序之態樣包括從執行期間開始至執行完畢與被害者遺屬間接對話、獲釋後開始與親屬和社區重建關係，以及在監執行中與被害者直接對話；三、重大暴力犯罪行為人參與修復程序之變化有修復破裂的人際關係與產生新的人際連結；產生利他行為；以具體行動表達對犯罪事件的悔悟；對未來保持希望與樂觀，相信自己能改變；承擔責任並面對自身感受；重新看待犯罪事件；對被害者產生同理；重構自我概念；抵禦外在負面評價，以更公平的角度看待自己；自我慈愛；中止犯罪。最後，依據研究結果，對於修復式正義的實踐在教育面與實務面，提出幾點建議，並提供未來研究可行方向供後續研究人員參考。

This research employs a narrative approach to explore the experiences and processes of adults who have committed significant acts of violent crime and have undergone restorative justice procedures. Data was collected through semistructured, in-depth interviews with three participants. The study yielded the following findings: Background and Catalysts The decision of individuals who have committed significant violent crimes to engage in restorative procedures is often motivated by feelings of isolation, a desire for change, and voluntary participation. Diverse Modalities of Restorative Processes Restorative justice programs manifest in a variety of forms for serious violent offenders. These forms include: initiating indirect dialogues with victims' families, which continue throughout the offenders' incarceration and persist even after their release; starting the process of repairing relationships with relatives and reintegrating into their communities upon release; or engaging in direct dialogues with victims during imprisonment. Transformations in the Restorative Process Participants underwent several transformations during their engagement in restorative procedures, including: repairing fractured interpersonal relationships and establishing new connections; expressing remorse and engaging in altruistic behaviors; reassessing the criminal incident and expressing regret through concrete actions; maintaining hope and optimism for the future, along with a belief in their capacity for change; taking responsibility and confronting their own emotions; empathizing with victims and gaining an understanding of victims' experiences; reconstructing their self-concept and altering their perspectives on their actions; resisting external negative judgments and adopting a fairer self-assessment; cultivating self-compassion and accepting their past behavior; achieving desistance from criminal behavior. Recommendations In conclusion, based on the research findings, the discussion of the education and practice field of restorative justice and future research are made for refining current restorative justice practices.