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adr 1 Flashcards

1
Q

in ADR, how is crime understood

A

as a conflict

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2
Q

what has lead to an alternative response to crime and social order

A
  • dissatisfaction and frustration with the formal justice system
  • resurging interest in preserving and strengthening customary law and traditional justice practices
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3
Q

what belief are restorative justice programs based on

A

belief that parties to a conflict ought to be actively involved in resolving it and mitigating its negative consequences

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4
Q

how does RJ view criminal behaviour

A

as not only violating the law, but also injuring the victims and the community

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5
Q

how can RJ systems be used to reduce the burden on the criminal justice system

A

by diverting cases out of the system

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6
Q

use of restorative practices helps to:

A
  • reduce crime, violence and bullying
  • improve human behavior
  • strengthen civil society
  • provide effective leadership
  • restore relationships
  • repair harm
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7
Q

restorative justice is a subset of

A

restorative practices

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8
Q

restorative practices also include

A

the use of informal and formal processes that precede wrongdoing, those that proactively build relationships and a sense of community to prevent conflict and wrongdoing

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9
Q

restorative justice definition

A

reactive, consisting of formal or informal responses to crime and other wrongdoings

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10
Q

what is social capital

A

connection among individuals, and the trust, mutual understanding, shared values and behaviours that bind us together and make cooperative action possible

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11
Q

when is it easier to respond effectively to wrongdoings and restore social order?

A

where social capital is already well established

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12
Q

what do restorative circles and restorative conferences allow for

A

victims, offenders and their respective family members and friends to come together to explore how everyone has been affected by an offense and, when possible, to decide how to repair the harm and meet their own needs

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13
Q

what are examples of restorative practices in other fields

A
  • in criminal justice, restorative justice
  • in social work, “empowerment”
  • in education, “positive discipline” or “responsive classroom”
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14
Q

what do education circles provide

A

provide opportunities for students to share their feelings, build relationships and solve problems, and when there is wrongdoing, play an active role in addressing the wrong

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15
Q

how does the UN define “restorative process”

A

any process in which the victim and the offender, and, where appropriate, any other individuals or community members affected by a crime, participate together actively in the resolution of matters arising from the crime, generally with the help of a facilitator

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16
Q

similar terms to restorative process

A
  • communitarian justice
  • making amends
  • positive justice
  • relational justice
  • reparative justice
  • community justice
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17
Q

main objective of traditional criminal justice system

A

punish the offender for the damage caused by the offence

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18
Q

what are the victim and offender like in the traditional criminal justice system

A
  • offender is passive subject of punishment

- victim left out of legal consequences of the criminal offence

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19
Q

what does RJ put more emphasis on

A

repair than punishment

- offender how opportunity to act to directly compensate for the damage caused to the victim

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20
Q

restorative justice looks to…

A

the future

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21
Q

what does RJ try to minimize

A

minimize the effects of the offence committed and how to restore a balance broken by the offence

22
Q

crime, in retributive justice vs restorative justice

A
  • retributive justice: act against the state, violation of law, an abstract idea
  • restorative: crime is an act against another person and community
23
Q

who controls crime? retributive justice vs restorative justice

A
  • retributive: criminal justice system controls crime

- restorative: crime control lies primarily in the community

24
Q

crime as an individual act? retributive justice vs restorative justice

A
  • retributive: crime is individual act with individual responsibility
  • restorative: crime has both individual and social dimensions of responsibility
25
Q

accountability in retributive justice vs restorative justice

A
  • retributive: accountability as taking punishment

- restorative: accountability as assuming responsibility and taking action to repair harm

26
Q

thoughts on punishment, retributive justice vs restorative justice

A
  • retributive: punishment is effective. threat of punishment deters crime, and punishment changes behaviour
  • restorative: punishment alone not effective in changing behaviour, and is disruptive to community harmony and good relationships
27
Q

victims in retributive justice vs restorative justice

A
  • retributive: victims peripheral to process

- restorative: victims central to resolving crime

28
Q

offender defined by.. retributive justice vs restorative justice

A
  • retributive: offender defined by deficits

- restorative: offender defined by capacity to make reparation

29
Q

focus on … retributive justice vs restorative justice

A
  • retributive: establishing blame or guilt

- restorative: focus on problem solving, liabilities and obligations, on the future

30
Q

emphasis on …retributive justice vs restorative justice

A
  • retributive: adversarial relationship

- restorative: dialogue and negotiation

31
Q

community in retributive justice vs restorative justice

A
  • retributive: community on sideline, represented abstractly by state
  • restorative: community as facilitatory in process
32
Q

response focused on …- retributive:

- restorative:

A
  • retributive: offenders past behaviour

- restorative: response focused on harmful consequences of offenders behaviour, emphasis on future

33
Q

why is restorative justice dubious?

A
  • seems to establish that offence has broken pre-existing balance, and balance must be restored
  • pre existing balance is rare
34
Q

what idea does restorative justice go against?

the issue?

A

the monopolization of justice by the state

  • but this is what has contributed most to peacemaking in western societies
35
Q

how might restorative justice increase potential for violence?

A

conflict might be increased if in each case in which a crime is committed the offender and the victim discuss what is right
- primitive society death rates much more than today

36
Q

why does restorative justice work in native societies? how is it different in western societies?

A

works well in native societies, or ancient societies, because their members cannot conceive their lives outside their communities
- western societies leave to the individual the possibility to freely choose his own life

37
Q

underlying assumptions of RJ

A
  • that response to crime should repair harm suffered by victim
  • that offenders should be brought to understand that their behaviour is not acceptable
  • that offenders should accept responsibility for their action
  • that victims should have opportunity to express their needs
  • that community has responsibility to contribute
38
Q

critical ingredients for RJ

A
  • identifiable victim
  • voluntary participation by the victim
  • offender who accepts responsibility for their criminal behaviour
  • non coerced participation of offender
39
Q

participants in RJ

A
  • crime victims
  • offenders
  • police
  • prosecutors
  • defence lawyers
  • judiciary
  • correctional officials
  • community member
  • facilitators
40
Q

families of restorative processes

A
  1. indirect dialogue
  2. facilitated dialogue between victims and offenders
  3. facilitated dialogue between victims, offenders, supporters, and gov officials
  4. facilitated dialogue bw victims, offenders, supporters, gov officials, community members
  5. directed dialogue bw victims, offenders and other parties
  6. arbitrated dialogue betwen victims, offenders and other parties
41
Q

indirect dialogue

A
  • victim and offender interact indirectly
  • more settlement driven than process driven

eg in crimes of sever violence, situations of severe power imbalances

42
Q

facilitated dialogue between victims and offenders

A
  • dialogue bw victims and offenders

- facilitator creates environment, prepares parties and writes up agreement

43
Q

facilitated dialogue between victims, offenders, supporters, and gov officials

A

dialogue expands to include some supporters of victim and offender. gov officials may also participate
- discussion tends to expand beyond specific incident to underlying issues of victim and offenders

44
Q

facilitated dialogue bw victims, offenders, supporters, gov officials, community members

A

dialogue expands to include community member (who may or may not know the other parties)
- discussion can also include community issues

45
Q

directed dialogue bw victims, offenders and other parties

A

role of facilitator changes from facilitation to more directive and settlement oriented

46
Q

arbitrated dialogue betwen victims, offenders and other parties

A

facilitators organize conversation among parties, but in the end the facilitate the decision

47
Q

Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters

A
  • right to consult with legal counsel
  • right of minors to the assistance of parent or guardian
  • right to be fully informed
  • right not to participate
  • participation is not evidence of guilt
  • agreements should be voluntary and be reasonable
  • confidentiality of proceedings
  • judicial suprevision
  • failure to reach an agreement should not be used against the offender in subsequent criminal justice proceedings
  • no increased punishment for failure to implement an agreement
48
Q

Variation in criminal justice

programmes

A

Existing programmes vary considerably in formality; in how they relate to the criminal justice system; how
they are operated, in the level of involvement they encourage from various
parties, or in the main objectives they pursue

49
Q

venn diagram, what makes something fully restorative?

A
  • victim reparation
  • communities of care reconciliation
  • offender responsibility
50
Q

the first ADRs

A
  • 1974 case elmira, kitchner

- 1978 elkhardt (indiana)

51
Q

what do reparative boards do

A

make the decision. looks like a jury. It’s the jury of community members

52
Q

victim surrogate programmes

A

takes offender and someone who represents the victim. Idea to make to offender clear what is happening. Mainly for young offenders. Makes it clear what they have done wrong and why its unacceptable

ADR (2 decks)

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