Lecture 12: Restorative Justice Flashcards

1
Q

What was explored in the video “Victim Story Restorative Justice?”

A

Peace being restored in the life of a victim. Living life as a victim.

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2
Q

Anne-Marie saw the world as a ___.

A

Victim.

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3
Q

Victims connect every conversation to…

A

The event that caused them to be victimized.

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4
Q

Restorative justice is a paradigm change that views…

A

Harm and crime as a violation of people and relationship.

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5
Q

Adversarial System

A

One wins to the extent that the other loses. Not really about the truth.

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6
Q

Adversarial systems are common in ___ law jurisdictions.

A

Common

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7
Q

Inquisitorial System

A

Judges investigate cases to ascertain facts, and judges are active not passive.

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8
Q

Inquisitorial systems are common in ___ law jurisdictions.

A

Civil.

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9
Q

True or false? Restorative justice is holistic.

A

True.

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10
Q

In an adversarial system, victims are treated like ___.

A

Props.

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11
Q

What are some characteristics of a restorative justice approach?

A
  • Crime affects more than its primary victims.
  • Need for healing and closure.
  • Gives offenders a second chance.
  • Crimes viewed as crime against the state.
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12
Q

Where did restorative justice originate?

A
  • Maori of NZ.
  • Aboriginal.
  • Japanese.
  • African.
  • Arab, Greek, and Roman.
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13
Q

What are the 4 main principles of restorative justice?

A
  1. Encounter.
  2. Amends.
  3. Reintegration.
  4. Inclusion.
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14
Q

What is the encounter principle in restorative justice?

A

The opportunity to talk about it.

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15
Q

What is the amends principle in restorative justice?

A

Take steps to repair harm they have done.

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16
Q

What is the reintegration principle in restorative justice?

A

Restore victims/offenders to society.

17
Q

What is the inclusion principle in restorative justice?

A

Include everyone.

18
Q

True or false? Restorative justice sees the community as a facilitator.

A

True.

19
Q

True or false? Restorative justice sees crime as a violation of one person by another.

A

True.

20
Q

True or false? Restorative justice deals with problem solving and harmony.

A

True.

21
Q

Which approach focuses on blame/guilt, and which approach focus on problem solving and liabilities?

A

Retributive and restorative respectively.

22
Q

Which approach focuses on repentance and forgiveness, and which approach focuses on no repentance nor forgiveness?

A

Restorative and retributive, respectively.

23
Q

Which approach directly involves participants, and which approach relies on professionals?

A

Restorative and retributive, respectively.

24
Q

Which approach involves the state imposing a sentence on the offender, and which approach involves a dialogue between the victim and the offender?

A

Retributive and restorative, respectively.

25
Q

Which approach sees accountability as the receipt of punishment?

A

Retributive.

26
Q

Which approach sees understanding the impact of action and deciding how to make things right as accountability?

A

Restorative.

27
Q

Which approach relies on the performance of the offender?

A

Retributive.

28
Q

Which approach examines past behaviour, and which approach examines consequences?

A

Retributive and restorative, respectively.

29
Q

In what approach is the community represented by the state?

A

Retributive.

30
Q

In what approach is there a recognition of the debt owed to victims?

A

Restorative.

31
Q

In what approach is debt owed to the state and society?

A

Retributive.

32
Q

The Criminal Code requires people to consider using all available sanctions…

A

Other than imprisonment reasonable in the circumstances, especially or Aboriginals.

33
Q

What are the advantages of restorative justice?

A
  • 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.
34
Q

Which country incarcerates the most people per capita?

A

U.S.

35
Q

How much does it cost to incarcerate a male prisoner?

A

90k per year.

36
Q

How much does it cost to incarcerate a female prisoner?

A

150-250k per year.

37
Q

What are some challenges to restorative justice?

A
  • 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.