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CR31820 Rehab > Restorative justice > Flashcards

Restorative justice Flashcards

1
Q

Definition

Ministry of Justice

A

bringing together those harmed by crime with those responsible for the harm, to find a positive way forward

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2
Q

what are 3 definition issues with restorative justice

A

there are many definitions: which is going to give the best information and not scare people away
what is the underlying theme? those who are affected and a solution need to be in the centre
no single theory so results are varied

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3
Q

what are the 6 key aspects of restorative justice

A 
empowerment
dialogue 
negotiation
agreement
professionals not dominant 
stakeholders dominant
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4
Q

key aspects

empowerment

A

takes power away from offending and gives to offender

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5
Q

key aspects

dialogue

A

direct or not
direct-exact words spoken
not-a summary of words spoken

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6
Q

key aspects

negotiation

A

deciding what to do

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7
Q

key aspects

agreement

A

the way forward, using negotiation

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8
Q

3 Modes of restoratve justice

A

purist
maximalist
encounter/reparative/transformative

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9
Q

purist model

A

concentrates on the practices in which people affected communicate
try to resolve the issues raised by the wrongful act
stakeholder empowerment is important

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10
Q

what is an advantage of the purist model

A

needs full voluntary agreement

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11
Q

what is a disadvantage of the purist model

A

no punishment or treatment options

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12
Q

maximalist model

A

focused on repairing the harm cause by crime and by doing this, doing justice

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13
Q

encounter/reparative/transformative

A

encounter- between stakeholders in a conflict in order to discuss the problems and what to do
reparative-offender does not need to experience pain in proportion to the seriousness of the offence, how can they repair?
transformative- ultimate goal for RJ is to transform the way in which we understand ourselves
This model suggests all 3 are important

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14
Q

theoretical foundations

A 
reintegrative shaming 
offence condemned-not offender
shame of people
reintegration is key
respect the shamer
does not acknowledge structural changes of crime
RJ gives greater opportunities to reduce re-offending 
Legitimate stake
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15
Q

theoretical foundations

reintegrative shaming

A

shaming offenders but then allowing them back into society after, they will no longer be seen as an offender. This is opposed to disintegrated shaming in which after offender gets shamed, they are not returned into society

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16
Q

theoretical foundations

shame of people

A

rather than justice system

17
Q

theoretical foundations

legitimate stake

A

offenders will decrease offending as they see victims as having a legitimate stake in deciding the form of justice an offender receives

18
Q

what level of control and support does RJ have?

A

high levels of support and high levels of control

19
Q

3 ways in which RJ is in use

A

reformism
separatism
abolitism

20
Q

RJ in use

reformism

A

approach that attempts to ‘mainstream’ RJ within the CJS

Two ideas:- twin track and systematic integrative model.

21
Q

RJ in use
reformism
twin track

A

an action towards those who offend, plus what they would be known as.
Triangle
RJ is first, there is a high probability of compliance and all offenders are able to take part. These people dont offend a lot so the RJ has been effective in helping them turn away from crime.
If re-offending, the person moves to deterrence, these include escalating threats of punishment. These people are known as rational actors
For some, threats are not enough so incapacitation is next, this means removing their ability to re-offend.

22
Q

RJ in use
reformism
twin track
what are the 3 disadvantages of this programme

A

no safeguards-are people being treated right?
only works within CJS
escalation of punishment is the same of CJS-no difference

23
Q

RJ in use
reformism
systematic integrative model

A

The victim is active in all parts of the process. The first stage is an informal process e.g. a caution, this includes all offenders. The second stage is rertoration order with is court imposed and is given to those unwilling offenders. Then the restorative punishment is given to serious offenders that didn’t take any notice of the restoration order.
The final stage is incapacitation and is again given to those who are harmful

24
Q

RJ in use
reformism
systematic integrative model
what is a negative of this model

A

court is a common occurrence and so prisons become fuller

25
Q

RJ in use
reformism
systematic integrative model
advantages

A

restorative outcomes within custody
prison jobs
victim offender mediation
community repair activities

26
Q

RJ in use

separatists

A

alternative approach in between the two

works outside of the CJS

27
Q

RJ in use

abolitionist approach

A

RJ to completely replace CJS
use of punishment means to be individualised for each person
should be deproffessionalised so only the stakeholders should be involved

28
Q

3 basic principles of the use of RJ

A

restorative process-those affected by crime work together to resolve the issue
restorative outcome- agreement after restorative process
restorative justice programme-programme using restorative processes to get outcomes

29
Q

when is RJ used? 4

A

alternative to prosecution
option for sentencing
in conjunction to sentencing
post sentencing supplement

30
Q

3 types of RJ

A

victim offender mediation
circles
family group conferencing

31
Q

types of RJ

victim offender mediation

A 
brings victim and offender together 
should be tailored to individual
narrative opportunity 
aims to repair harm
focus on healing 
can be done with surrogate victim where letters and videos are given to victim as opposed to the victim actually being there
32
Q

types of RJ

circles

A

‘peacemaking’
needs of victim and offender
any interested party from community
voluntary

33
Q

types of RJ

family group conferencing

A

young people involved
decision making involves the whole family
family meets with professional
family have time together to plan ways of making home safer
confirm plans with agencies

34
Q

what is punishment 4

A

must be for breaking law
must be for person who broke law
imposed by authority
involve a loss

35
Q

is RJ a punishment or rehabilitation?

A

does 4 things punishment does but involves no custodial sentences
for rehab it holds the offender more accountable for actions
RJ is seen as opposite of both/mix of both

36
Q

police led RJ

A

police give effective cautions according to RJ principles. Have no personal agenda so are professional, however, will offenders see it as fair?

CR31820 Rehab (7 decks)

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