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AFTER VIOLENCE: 3R, RECONSTRUCTION, RECONCILIATION ...

AFTER VIOLENCE: 3R, RECONSTRUCTION, RECONCILIATION ...

AFTER VIOLENCE: 3R, RECONSTRUCTION, RECONCILIATION ...

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directions: S to P ("clean slate"), S to V ("P is suffering, not<br />

only you", P to S and V ("I'll not do it again") and V to P and S<br />

("this has given me satisfaction, I'll not seek revenge"). And,<br />

the general public is also given closure, being deterred.<br />

The problem, as with any theory, is whether it works.<br />

The major critique is the failure to deter individually or<br />

generally. Given high recidivism for a broad spectrum of crimes,<br />

and high and increasing level of criminality in general, it would<br />

be difficult to argue that deterrence is effective, given that<br />

this transaction model has been around for a long time. But there<br />

are at least two important contra-arguments:<br />

- "without this the situation would have been still worse", and<br />

- "show me a better model".<br />

Then there is another critique: no doubt the victim is short-<br />

shrifted. After all the victim is the harmed, offended party.<br />

All the victim is given is a public hearing (the court) that<br />

transforms the suffering from private to public. This may invite<br />

sympathy and solidarity, but may also work negatively like in<br />

cases of sexualized violence against women. After that the victim<br />

is treated to justice, "let them eat justice"; and supposed to<br />

offer the State closure in return. No revenge, no pressure for<br />

restitution. A very meager basis for healing. And yet some of<br />

this seems to work: there are few cases of victims taking the<br />

justice in their own hands, intercepting the process in front of<br />

the court house on the day of the trial, adding to the process at<br />

the prison gate on the day of release./50/<br />

Lynching, the obvious exception, in a sense proves the point.<br />

42

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