Mediation: alternative to prison for young offenders

Entry into prison and deprivation of liberty for young people aged 18 to 29 who have committed some type of minor crime for the first time can significantly increase recidivism in the future. However, there is an option that is beginning to be considered: the application of judicial conflict resolution techniques, as an alternative to prison.

According to successfully developed experiences in the area, mediation in this type of cases of first minor crimes provides a greater degree of psychological satisfaction for both the offender and the victim, in addition to facilitating the solution of the conflict from a perspective more favorable to correct development. cognitive-behavioral of the offender.

Benefits of mediation

The benefits of mediation in this area are several, both for the person who commits the crime and for the victim:

  • The offender faces the consequences of his criminal act, taking responsibility for his actions
  • The offender, through mediation, participates in the resolution of the conflict, allowing him to repair the damage and preventing new infringements.
  • The victim also participates in the resolution of the conflict and feels heard. In addition, she is compensated for the damages.
  • The victim has the opportunity to express their feelings, allowing the conflict not to fester and persist over time.

What would the process be like?

In order to begin a mediation process in these cases, four essential requirements would be necessary:

-That the crime is minor and without a high level of violence, committed by an offender between 18 and 29 years old.

-That the parties, both offender and victim, be identified.

-That the time elapsed between the events and the beginning of the mediation does not exceed three months.

-That the offender does not have a criminal history (since repeat offenders show chronicity in their behavior and will need a different intervention).

In short, mediation turns out to be a cheaper, faster and more effective method against the recidivism of offenders than confinement and deprivation of liberty, although it is still necessary to make progress in legislative matters so that this process can finally be implemented.

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