Seattle University Collaborative Projects - International Academy of ...

in the development of the Affordable Care Act, and health care policymaking, generally. In sodoing, I will draw upon principles of therapeutic jurisprudence as well as insights from DisabilityStudies to acknowledge the experiences and expertise of people with disabilities, including asexperts in developing regulations and programs.203. Thinking about Victims from a TJ Vantage PointProcedure Without Substance: False Hope for Victims of Crime?Tyrone Kirchengast, University of New South Wales (t.kirchengast@unsw.edu.au)The rise of procedural justice for the integration of victims into processes from which they areotherwise excluded has been met with widespread praise. The ability to participate in court andassociated processes where, formerly, no role was accorded has challenged those normativeassumptions that see the victim relegated to the sidelines of justice. New and innovativeprocesses such as mediation, conferencing and intervention programs provide victims with ameans of participation that affords victims the option of making a substantive contribution thatstands the change of affecting the outcome of the matter. Other processes, however, have beencreated to better integrate the victim without the ability to affect the outcome. This paper willoutline to rise of ‘therapeutic processes’ that provide no opportunity to contribute to substantivedecision-making. The victim impact statement movement will be discussed with a view tochallenging the tendency to acknowledge such statements as providing a therapeutic processdespite such statements not being taken seriously, and in some instances, being disregarded asprejudicial to the objects of sentencing and justice. The consequences for victims will becanvassed.STATE vs. VICTIM: The Victim’s Survivors’ Experience of Conflict in aCapital Case, Examined through a Therapeutic Jurisprudence LensMelodee A. Smith, Nova Southeastern University (melodee@nova.edu)Murdered victims’ survivors must not only survive the loss of loved ones to capital crime, theymay also experience conflict as participants in a capital case. Investigating the case of State v.Campbell, the research design provides natural boundaries to explore the victim’s survivors’experience of conflict where the State sought the death penalty for the victim’s killer over thevictim’s survivors’ objection.This study seeks to present coherently, comprehensively and clearly the phenomenon of being avictim’s survivor in a contentious capital case where the State and the Victim, as well as hissurvivors – in this study hereafter, co-researchers, held different positions about capitalpunishment.488