Restorative Justice Flashcards
What are the 5 pillars of Brave Space?
-Vulnerability / Courage
-Perspective Taking
-Risk-Taking / Leaning into Fear
-Discomfort / Examining
-Intentions
-Respect for Self and Others
What does Howard Zehr say about Restorative Justice?
“Restorative Justice is a compass, not a map.”
What are the 3 pillars of Restorative Justice?
-Harm
-Obligations
-Participation
What are the 5 R’s of Restorative Justice?
-Relationship
-Respect
-Responsibility
-Repair
-Reintegration
What is conflict?
A serious disagreement or argument, typically a protracted one.
What does Philosophy mean?
“Love of Wisdom”
What does it mean to be JUST?
Fair or Impartial in Action or Judgement
What are the 3 R’s?
-Revenge
-Retribution
-Restoration
What is Revenge?
Retaliation for a wrong committed / private matter / disproportionate to the original harm
What is Retribution?
Measured & rationale response to crime / public justice with prescribed rules (legal system)
-Offender accepts some responsibility
-Punishment believed to be ‘fair and just’
What is Restoration?
Focuses on the concepts of Harm, Needs, and Obligations.
Those affected by the harm are engaged in the restorative process
What are the types of Justice according to Raphael?
*Commutative
*Contributive
*Distributive
*Merit Based
*Legal
*Retributive
*Social Justice
*Restorative
What are the 3 central questions to Arrive at Justice?
-Are the wrongs being acknowledged?
-Are the needs of those who were harmed being addressed?
-Is the one who committed the harm being encouraged to understand the damage and accept his or her obligation to make right the wrong?
How many healing lodges does Canada have?
10
What are principles? Why are they important?
-An accepted or professed rule of action or conduct: a person of good moral principles.
-A determining characteristic of something; an essential quality.
-An adopted rule or method for application in action: a working principle for general use.
What are 5 aspects of Restorative Justice according to Susan Sharpe?
-Invite full participation and consensus
-Heal what has been broken
-Seek full and direct accountability
-Reunite what has been divided
-Strengthen the community, to prevent further harms
What are 3 principles of RJ according to Van Ness, Strong, Derby & Parker?
-Justice Heals
-Justice Includes
-Justice Shares
What are values?
Things that you consider to be important to yourself
What are beliefs?
It is something one holds to be true
What are the 4 cornerposts of RJ?
-Inclusion
-Encounter
-Repair
-Cohesion
What is Inclusion?
The opportunity for direct and active involvement of each party in the procedures that follow a crime
What are the 3 elements of Inclusion?
-Invitation
-Recognition and acceptance of the interests of the persons invited
-A willingness to adopt alternative approaches that
fit individuals and their situation
What are some ways victims are included in the CJS?
-Hearings (Bail, Parole)
-Bail release
-Dismissal of case
-Trial dates/times
-Disposition/Sentence
-Release/Parole Dates
-Appeals proceedings
-Parole
-Final Release
-Escape/Recapture
What is a victim impact statement?
Allows an individual impacted by crime to tell the courts how they have been affected by the crime
What are community victim impact statements?
-Allows a community impacted by crime to tell the courts how it has been affected by the crime
-Voluntary
-Can be considered by the judge at time of sentencing
-May also be submitted at parole board hearings.
Can victims have legal standing?
Victims can be given standing to act independently of the prosecutor at any stage in the CJ process when their interests in recovering restitution and securing personal protection are at risk
What are 6 examples of how victims have legal standing?
-Investigation: decision to charge a defendant
-Presentencing: decisions regarding bail
-Plea bargaining
-Sentencing: decisions re: offender punishment, victim compensation, rehabilitation services made available to offender
-Post-Sentencing: restitution recovery during probation/parole
-Victim as civil claimant in criminal cases
How does RJ give offenders the opportunity to be included in the CJS?
Offers conferences and circles
How does the CJS shields offenders from being involved in their cases?
-Facing the harms
-Seeing the victims
-Making amends
-Accepting responsibility for the crime and its consequences
