The Adjudication Process

Question 1

What are the four models of justice?

Answer 1

1. Punishment
2. Rehabilitation
3. Treatment
4. Prevention

Question 2

Describe the model of punishment

Answer 2

This is the idea of retribution, an eye for an eye. It is based off of Beccaria’s deterrence model, which is similar to operant conditioning in psychology. This model is only effective so long as it has
1. Certainty: You know you will be punished for what you did
2. Celerity: The punishment occurs immediately after the crime
3. Severity: The punishment is severe enough to make the lesson stick
Currently, prison is a form of punishment. You are a danger to society, so you are removed from society

Question 3

Describe the model of Rehabilitation

Answer 3

This would involve things like programs in prison that help reintegrate offenders into society. It’s so unique to each person that it’s hard to really say what they do, and there’s not a lot of research on it. No control groups or anything! You’ll usually hear words like ‘holistic’, and it’s hard to tell whether they work. The kicker is that they actually need to want to be there

Question 4

Describe the model of treatment

Answer 4

The is the most expensive, and the most effective, course of action
1. Starts with risk assessment: Figure out how much of a danger the patient is, and what their needs are
2. Types of treatment:
Outpatient: Come in once a week for counselling, may need to do group counselling, may also be prescribed medication
Inpatient: You are there 3-4 times a week for a few hours, plus group, and/or meds
Residential Treatment: 24/7 treatment

Question 5

Describe the model of prevention

Answer 5

This model asserts that we can get criminals to desist, or never commit crime in the first place. This involves a lot of awareness and education, but is only effective if there is some sort of follow-up

Question 6

What are the three of templates of justice?

Answer 6

1. Restorative Justice
2. Aboriginal Justice
3. Community Partnerships

Question 7

Describe the template of restorative justice

Answer 7

Restorative justice has intense flexibility, and focuses on the restoration of equilibrium between the offender and the victim. It is typically a one-on-one dialogue, managed by a facilitator, between the offender and the victim where they share their story. They try to stay away from all stigmatization, by calling offenders ‘participants’, and will often dominate the conversation

Question 8

Describe the template of Aboriginal/indigenous justice

Answer 8

Similar approach to restorative, as it is geared towards restoration. Except, when one person is hurt, the whole community is hurt. The offender must take responsibility for what they have done, and if the community does not detect remorse, the victim can get an attorney. Depending on the community history and their customs, penalties may differ. e.g. If someone broke someone else’s legs, Chief elder may decide that now they need to carry them to work each day

Question 9

Describe the template of community partnerships

Answer 9

An informal community process that usually shows some sort of intervention e.g. conflict mediation or family group conferences
The problem: they keep things in the community, and they don’t let crime be crime