Ch. 16 - Selected Issues

Question 1

What is restorative justice from a legal justice perspective?

Answer 1

What law has been broken? Who did it? What do they deserve? What does the law say?

Question 2

What is restorative justice from a social justice perspective?

Answer 2

What harm has been done? What needs to be done to make it right? Who is responsible? What is socially and morally just?

Question 3

What are the 4 principles of restorative justice?

Answer 3

A shared sense of responsibility; the use of informal community mechanisms; the including of victims; the understanding of crime as an injury and not just an instance of law breaking.

Question 4

What are 4 examples of restorative justice?

Answer 4

Victim-offender mediation, restitution programs, elder panels, and sentencing circles.

Question 5

What are the benefits of restorative justice? (7)

Answer 5

It facilitates a broader view of justice; victims are fundamental to the process; participation of the accused is key; the monopoly of professionals is reduced and lay participation is encouraged; sharing of responsibility for decision-making is promoted; a more constructive environment is created; there is a greater mobilization of community resources.

Question 6

What are the limitations of restorative justice? (5)

Answer 6

It’s not suitable for all cases, victims, or offenders; support is limited; initiatives are time consuming and labour intensive; there is a lack of personnel and resources; the existence of social injustice and inequality between communities makes it difficult to achieve goals.

Question 7

What are the 7 Basic Principles of Justice for Victims of Crime?

Answer 7

Treated with courtesy, compassion, and respect; respect for privacy; inconvenience is minimized; safety and security is protected; views, concerns, and representation are important considerations in criminal justice processes; needs, concerns, and diversity are considered in the development and delivery of programs; information is provided.

Question 8

Judges are now required to do what in accordance with victim’s rights?

Answer 8

They must provide the victims an opportunity, before sentencing, to provide a statement to the court.

Question 9

Under the CCA and the SSCA, what are victims now allowed to do?

Answer 9

Access offender profiles and certain information.

Question 10

What was the most popular form of execution in ancient Israel?

Answer 10

Stoning.

Question 11

How did the ancient Greeks execute people?

Answer 11

Forcing them to drink hemlock.

Question 12

How did the Romans like to execute people?

Answer 12

Beheadings, drawings and quarterings, and throwing people to lions.

Question 13

How were people executed or “tested” during the Dark Ages?

Answer 13

Being placed in boiling oil, put into battle with a soldier, thrown into river.

Question 14

What was the main choice of execution in 18th century Britain?

Answer 14

Hanging.

Question 15

What is the most often used method of execution today?

Answer 15

Lethal injection.

Question 16

When did Canada abolish the death penalty?

Answer 16

1976, but the last execution was in 1962.

Question 17

Who brought about the idea of abolishing the death penalty?

Answer 17

Politicians.

Question 18

What does Canada’s extradition agreement with the US stipulate?

Answer 18

Canada may refuse extradition if the death penalty is being sought, and can refuse unless the state provides Canada assurances that they will not seek the death penalty.

Question 19

What are some arguments for the retention of the death penalty?

Answer 19

It is the only proportionate punishment for murder; general deterrence effect; it is more humane than a life-sentence; it prevents recidivism.

Question 20

What are some arguments for the abolishment of the death penalty?

Answer 20

Human life is sacred; no evidence of general deterrence; impossible to determine whether it is more human than a life-sentence; no evidence of cost-effectiveness; precludes rehabilitation; injures the criminal justice system; innocent people may die; there is a class and race bias.

Question 21

What is the estimated rate of false convictions?

Answer 21

They go as high as 20%.

Question 22

What are 6 potential reasons for false convictions?

Answer 22

Eyewitness error, erroneous forensic evidence, false confessions, use of jailhouse informants, professional and institutional misconduct, and race and class bias.

Question 23

What accounts for the majority of false convictions?

Answer 23

Eyewitness error.

Question 24

Why are some causes of eyewitness error?

Answer 24

Demand characteristics, suggestive police questioning, perception/recall issues.

Question 25

Who was David Milgaard?

Answer 25

He spent 20+ years in prison before he was exonerated due to DNA evidence. The eyewitnesses had changed their testimony to what police had told them must have happened.

Question 26

Who was Guy Paul Morin?

Answer 26

A man who was imprisoned because a forensic scientist failed to report tainted evidence.

Question 27

Who was Christopher Bates?

Answer 27

A man wrongfully convicted of murder because he was tortured by police for 17 hours before he “confessed.”

Question 28

Who was Thomas Sophonow?

Answer 28

A man tried three times for killing someone, and then was exonerated based on DNA evidence. He was convicted because of jailhouse informants.

Question 29

Whow as James Driskell?

Answer 29

He was convicted because of tunnel vision by the officials.

Question 30

What are some effects of wrongful imprisonment?

Answer 30

Loss of freedom, impact on identity, difficulties created by resistance, and impact on family.