Criminal Justice Connections, Volume 18, Number 12, November/December 2010 Page: 3
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Taking back control through Victim
Offender Mediation/Dialogue
By J nhNde Ir : L.
Board lemnberJanice Harnis L.Od
fter a crime has been com-
mitted, trying to make
.sense out of what happened
can be daunting for the victim. Relentless
brooding over why someone would choose
to hurt or kill another person can haunt
dreams, result in long-term sadness, an-
ger, fear and anxiety, and even produce a
sense of loss of one's own self. The oppor-
tunity to describe the impact of the crime
to the offender and to ask unanswered
questions can be one component of re-
covery. It can mean regaining control and
moving forward in life.
In 2001, the Texas Legislature made
Victim Offender Mediation/Dialogue
(VOM/D) a crime victim's right by amend-
ing the Texas Code of Criminal Procedure.
The TDCJ Victim Services Division man-
ages the VOM/D process as a means for
victims to talk with their TDCJ offenders
in a safe, structured face-to-face setting.
Through VOM/D, victims can tell
their offenders how the victimization has
affected their lives and ask questions that
only the offender can answer. In addition,
the victim and the offender can develop an
agreement whereby the offender acceptsresponsibility and demon-
strates accountability.
The VOM/D process can only
be initiated at the request of the
victim. Requests are examined by
TDCJ Victim Services on a case-by-case
basis, taking into consideration the suit-
ability of the process for both the victim
and the offender. If deemed appropriate,
the offender is informed of the request,
educated about the VOM/D process and
asked about his or her willingness to par-
ticipate. If interested in participating, the
offender must first admit guilt and accept
responsibility for the crime.
Although involvement in the program
is voluntary for the victim and offender,
both must commit to participate in all
phases of the VOM/D process with a staff
or volunteer mediator. Any one of these
three individuals can decline further par-
ticipation at any time prior to and includ-
ing the day of the dialogue if motives or
behaviors of the victim or the offender are
considered inappropriate or harmful.
The VOM/D process allows for the
use of creative alternatives if the standard
process is not acceptable. For instance, if
an offender does not wish to participate
or is ineligible, a surrogate dialogue al-lows the victim to
meet with another
offender who committed
a similar crime. If the victim or of-
fender wants to participate but prefers
an indirect dialogue, videotaped state-
ments or letters can be used in lieu of the
face-to-face meeting.
Since each VOM/D case is unique,
the preparation process usually ranges
from four to six months. Once prepara-
tion is complete, a day for the dialogue
is scheduled at the offender's unit. The
seating arrangements, order of entry into
the room, and order of dialogue are deter-
mined by the victim and mediator, with
changes only if deemed necessary for se-
curity reasons by the program's adminis-
trator or the unit warden. During the con-
cluding process of the dialogue, the victim
and offender develop an affirmative agree-
ment that includes actions to demonstrate
the offender's accountability for the crime.
These might include the offender's partici-
pation in victim impact panels or sessions
with a chaplain to explore the crime and
its impact on the victim.
Immediately following the dialogue,
the mediator meets with the offender, and
then with the victim. The victim's debriefing
Bulletin continued on page 6NOVEMBER/DECEMBER 2010 3
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Texas. Department of Criminal Justice. Criminal Justice Connections, Volume 18, Number 12, November/December 2010, periodical, November 2010; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth902782/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.