Lecture 12: Restorative Justice Flashcards
What was explored in the video “Victim Story Restorative Justice?”
Peace being restored in the life of a victim. Living life as a victim.
Anne-Marie saw the world as a ___.
Victim.
Victims connect every conversation to…
The event that caused them to be victimized.
Restorative justice is a paradigm change that views…
Harm and crime as a violation of people and relationship.
Adversarial System
One wins to the extent that the other loses. Not really about the truth.
Adversarial systems are common in ___ law jurisdictions.
Common
Inquisitorial System
Judges investigate cases to ascertain facts, and judges are active not passive.
Inquisitorial systems are common in ___ law jurisdictions.
Civil.
True or false? Restorative justice is holistic.
True.
In an adversarial system, victims are treated like ___.
Props.
What are some characteristics of a restorative justice approach?
- Crime affects more than its primary victims.
- Need for healing and closure.
- Gives offenders a second chance.
- Crimes viewed as crime against the state.
Where did restorative justice originate?
- Maori of NZ.
- Aboriginal.
- Japanese.
- African.
- Arab, Greek, and Roman.
What are the 4 main principles of restorative justice?
- Encounter.
- Amends.
- Reintegration.
- Inclusion.
What is the encounter principle in restorative justice?
The opportunity to talk about it.
What is the amends principle in restorative justice?
Take steps to repair harm they have done.
What is the reintegration principle in restorative justice?
Restore victims/offenders to society.
What is the inclusion principle in restorative justice?
Include everyone.
True or false? Restorative justice sees the community as a facilitator.
True.
True or false? Restorative justice sees crime as a violation of one person by another.
True.
True or false? Restorative justice deals with problem solving and harmony.
True.
Which approach focuses on blame/guilt, and which approach focus on problem solving and liabilities?
Retributive and restorative respectively.
Which approach focuses on repentance and forgiveness, and which approach focuses on no repentance nor forgiveness?
Restorative and retributive, respectively.
Which approach directly involves participants, and which approach relies on professionals?
Restorative and retributive, respectively.
Which approach involves the state imposing a sentence on the offender, and which approach involves a dialogue between the victim and the offender?
Retributive and restorative, respectively.
Which approach sees accountability as the receipt of punishment?
Retributive.
Which approach sees understanding the impact of action and deciding how to make things right as accountability?
Restorative.
Which approach relies on the performance of the offender?
Retributive.
Which approach examines past behaviour, and which approach examines consequences?
Retributive and restorative, respectively.
In what approach is the community represented by the state?
Retributive.
In what approach is there a recognition of the debt owed to victims?
Restorative.
In what approach is debt owed to the state and society?
Retributive.
The Criminal Code requires people to consider using all available sanctions…
Other than imprisonment reasonable in the circumstances, especially or Aboriginals.
What are the advantages of restorative justice?
- Reduced recidivism.
- Conflict is an opportunity to learn/grow.
- Harmonious/peaceful coexistence.
- Victim needs offender responsibility.
- Healing harm done.
- Restoring harmony in community.
- Accountability.
- Social justice.
- Involves community.
- Restitution/atonement emphasized.
- Cheaper.
Which country incarcerates the most people per capita?
U.S.
How much does it cost to incarcerate a male prisoner?
90k per year.
How much does it cost to incarcerate a female prisoner?
150-250k per year.
What are some challenges to restorative justice?
- Perceived as soft on crime.
- Problematic of remorse, repentance, and acceptance (performing).
- Pressure on victims (emotional, time and burden of meetings).
- Pressure on accused to admit guilt.
- Appropriateness in cases of sexual assault/family violence.
- Use as cost-saving measure.
- Requires effective welfare state.
- Justice is not about just desert (some victims want punishment).
- Evaluating effectiveness difficult.
