adr 1 Flashcards
in ADR, how is crime understood
as a conflict
what has lead to an alternative response to crime and social order
- dissatisfaction and frustration with the formal justice system
- resurging interest in preserving and strengthening customary law and traditional justice practices
what belief are restorative justice programs based on
belief that parties to a conflict ought to be actively involved in resolving it and mitigating its negative consequences
how does RJ view criminal behaviour
as not only violating the law, but also injuring the victims and the community
how can RJ systems be used to reduce the burden on the criminal justice system
by diverting cases out of the system
use of restorative practices helps to:
- reduce crime, violence and bullying
- improve human behavior
- strengthen civil society
- provide effective leadership
- restore relationships
- repair harm
restorative justice is a subset of
restorative practices
restorative practices also include
the use of informal and formal processes that precede wrongdoing, those that proactively build relationships and a sense of community to prevent conflict and wrongdoing
restorative justice definition
reactive, consisting of formal or informal responses to crime and other wrongdoings
what is social capital
connection among individuals, and the trust, mutual understanding, shared values and behaviours that bind us together and make cooperative action possible
when is it easier to respond effectively to wrongdoings and restore social order?
where social capital is already well established
what do restorative circles and restorative conferences allow for
victims, offenders and their respective family members and friends to come together to explore how everyone has been affected by an offense and, when possible, to decide how to repair the harm and meet their own needs
what are examples of restorative practices in other fields
- in criminal justice, restorative justice
- in social work, “empowerment”
- in education, “positive discipline” or “responsive classroom”
what do education circles provide
provide opportunities for students to share their feelings, build relationships and solve problems, and when there is wrongdoing, play an active role in addressing the wrong
how does the UN define “restorative process”
any process in which the victim and the offender, and, where appropriate, any other individuals or community members affected by a crime, participate together actively in the resolution of matters arising from the crime, generally with the help of a facilitator
similar terms to restorative process
- communitarian justice
- making amends
- positive justice
- relational justice
- reparative justice
- community justice
main objective of traditional criminal justice system
punish the offender for the damage caused by the offence
what are the victim and offender like in the traditional criminal justice system
- offender is passive subject of punishment
- victim left out of legal consequences of the criminal offence
what does RJ put more emphasis on
repair than punishment
- offender how opportunity to act to directly compensate for the damage caused to the victim
restorative justice looks to…
the future
what does RJ try to minimize
minimize the effects of the offence committed and how to restore a balance broken by the offence
crime, in retributive justice vs restorative justice
- retributive justice: act against the state, violation of law, an abstract idea
- restorative: crime is an act against another person and community
who controls crime? retributive justice vs restorative justice
- retributive: criminal justice system controls crime
- restorative: crime control lies primarily in the community
crime as an individual act? retributive justice vs restorative justice
- retributive: crime is individual act with individual responsibility
- restorative: crime has both individual and social dimensions of responsibility