Optimising Therapeutic Jurisprudence for Victims of Crime: A Proactive Response to Secondary Victimisation in the Irish Criminal Justice System

• In Event: Victimization

Abstract

Victims of crime may face additional harm through their interactions with criminal justice processes and professionals, from minor inconveniences to serious harm and re-traumatisation, in a phenomenon known as secondary victimisation (SV). While this issue has been studied internationally, its relevance within the Irish criminal justice system is primarily acknowledged in public and political discourse. There is limited empirical research on its scale, nature, or potential solutions in the Republic of Ireland. The socio-legal theory of therapeutic jurisprudence posits that the law, its processes, and professionals can positively or negatively affect the holistic wellbeing of individuals involved. Despite its clear applicability, the international literature has not innovatively applied the therapeutic jurisprudence lens to victims’ experiences of criminal justice interactions to mitigate the harms of SV. This research gap is addressed by adopting a trauma-informed, mixed-methods design to examine:

RQ1) the extent and nature of SV in Ireland;
RQ2) whether this differs for victims of various offences; and
RQ3) whether a therapeutic jurisprudence lens can help alleviate the harms of SV and enhance victims’ experiences with the criminal justice system.

Participants include adult victims of theft, robbery, burglary, property damage, domestic, sexual and gender-based violence, assault, and harassment. To address RQ1 and RQ2, participants complete an anonymous online survey regarding their experiences with criminal justice processes and their wellbeing. Survey completers are then invited to semi-structured interviews via MS Teams to address RQ3. Data triangulation will be achieved using a mixed-methods approach, employing SPSS for quantitative analysis and NVivo for thematic analysis. This ensures findings combine statistical trends and personal narratives to produce victim-centred recommendations for criminal justice policy and reform. Combining criminology, law, sociology, and psychology creates a comprehensive framework for analysing victimization and enhancing justice system responses, leading to significant contributions to academic literature and practical policy applications.

Author

• Triona Kenny, Maynooth University, IE