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 - the principle to give to each person that to which he or she is entitled, according to the rules of the price system
*Contributive - concerned with what people give or contribute to society, rather than what they get
*Distributive - perceived fairness of how rewards and costs are shared by (distributed across) group members
*Merit Based - essentially defines the merit of an individual claimant under the law by meeting some standard (like intelligence, wealth, contribution to society, etc
*Legal
*Retributive - a system of criminal justice based on the punishment of offenders rather than on rehabilitation
*Social Justice - justice in terms of the distribution of wealth, opportunities, and privileges within a society
*Restorative -a system of criminal justice which focuses on the rehabilitation of offenders through reconciliation with victims and the community at large
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
What is relational justice?
The justice produced through cooperative behavior, agreement, negotiation, or dialogue among actors in a post-conflict situation
What is adversarial justice?
The idea of putting two sides against each other…Offender and victim, defense and prosecution
What are the 6 restorative Justice things that are done in threes?
Assumptions
Principles
Values
Questions
Stakeholders
Aspirations
What is relational justice?
The justice produced through cooperative behavior, agreement, negotiation, or dialogue among actors in a post-conflict situation
what is Transformative justice?
A political framework and approach for responding to violence, harm and abuse
What are healing lodges?
Healing lodges are environments designed specifically for Indigenous offenders. They offer culturally appropriate services and programs.
What are 5 different types of community?
- Community of place – brought together by geographic boundaries (Capilano, Edmonton, Pe
Sakastew) - Community of interest – (students in CSP; sports team; choir)
- Community of action – people trying to bring about change (social justice; political; playground)
- Community of circumstance – brought together by experience (event /+ or -)
- Community of care (Zehr) - **Restorative practices
What are the 4 counter posts of RJ?
Inclusion
Encounter
Repair
Cohesion
What are 3 elements of inclusion?
-Invitation
-Recognition and acceptance of the interests of the persons invited
-A willingness to adopt alternative approaches
What are the 3 elements of encounter?
o Meeting
o Understanding
o Agreement
What are a few examples of restorative processes?
o Victim-Offender Mediation
o Conferencing
▪ Community conferences
▪ Family group conferences
o Circles
▪ Sentencing circles
▪ Peacemaking circles
▪ Healing circles
▪ Community circles
What are the 3 issues with encounter?
o Coercion, voluntary nature of participation
o Encouraging participation
o Accountability; deliberative accountability
What are 3 risks for encounter participants?
-Power imbalance
-Due process
-Re-traumatization
What are 3 safegaurds?
-Suitable policies
-Training
-Safety
What are the 3 elements of repair?
-Needs based
-Amends focused
-Justice focused
What are examples of needs based repair?
▪ Reducing stigma
▪ Practical support
▪ Trauma-informed assistance
What are some examples of amends focused repair?
▪ Remorse
▪ Apology
▪ Changed behaviour
▪ Responsibility
▪ Restitution; questions to consider
What are some examples of justice focused repair?
▪ Fines, day fines
▪ Alternative forms of restitution
What are the 4 different parts of a proper apology?
-Components (acknowledgment, affect, vulnerability)
- Goals
- Framework and strategies
- Resistance
