Investigation of the Effects of Probation Practices on Restorative Justice System

Abstract

Objective:In this study, it was tried to determine disadvantages of the implementation of probation practices, which is an element of restorative justice, by means of investigating its effects on probationers’ lives and it was aimed to find suggestions that would improve the practice.Methods:Using the phenomenological analysis method, questions were asked during in-depth interviews to eight probationers in different processes of the probation and three experts were also interviewed. Questions were asked to participants to evaluate how they made sense of restorative justice and how they were affected by the probation process.Results:Considering the experiences shared by participants, it was determined that the probation processes could turn into a stigmatization system that prevented social compliance of the probationers and the measures were not determined according to probationers’ risks and needs. It was also revealed that they violated the presumption of innocence in the perception of third parties at the trial stage and the function of deterrence from crime was not satisfactory.Conclusion:It can be ensured that probation services serve more to restorative justice by methods such as providing social cohesion by taking into account the risks and needs of probationers, the probationer at the trial stage benefiting from the presumption of innocence, and individualizing the process. These suggestions will be possible with the improvements in this direction without the need for changes in the existing legislation.

Keywords

• restorative justice
• probation
• probationers
• probation process