Ch. 16 - Selected Issues Flashcards
What is restorative justice from a legal justice perspective?
What law has been broken? Who did it? What do they deserve? What does the law say?
What is restorative justice from a social justice perspective?
What harm has been done? What needs to be done to make it right? Who is responsible? What is socially and morally just?
What are the 4 principles of restorative justice?
A shared sense of responsibility; the use of informal community mechanisms; the including of victims; the understanding of crime as an injury and not just an instance of law breaking.
What are 4 examples of restorative justice?
Victim-offender mediation, restitution programs, elder panels, and sentencing circles.
What are the benefits of restorative justice? (7)
It facilitates a broader view of justice; victims are fundamental to the process; participation of the accused is key; the monopoly of professionals is reduced and lay participation is encouraged; sharing of responsibility for decision-making is promoted; a more constructive environment is created; there is a greater mobilization of community resources.
What are the limitations of restorative justice? (5)
It’s not suitable for all cases, victims, or offenders; support is limited; initiatives are time consuming and labour intensive; there is a lack of personnel and resources; the existence of social injustice and inequality between communities makes it difficult to achieve goals.
What are the 7 Basic Principles of Justice for Victims of Crime?
Treated with courtesy, compassion, and respect; respect for privacy; inconvenience is minimized; safety and security is protected; views, concerns, and representation are important considerations in criminal justice processes; needs, concerns, and diversity are considered in the development and delivery of programs; information is provided.
Judges are now required to do what in accordance with victim’s rights?
They must provide the victims an opportunity, before sentencing, to provide a statement to the court.
Under the CCA and the SSCA, what are victims now allowed to do?
Access offender profiles and certain information.
What was the most popular form of execution in ancient Israel?
Stoning.
How did the ancient Greeks execute people?
Forcing them to drink hemlock.
How did the Romans like to execute people?
Beheadings, drawings and quarterings, and throwing people to lions.
How were people executed or “tested” during the Dark Ages?
Being placed in boiling oil, put into battle with a soldier, thrown into river.
What was the main choice of execution in 18th century Britain?
Hanging.
What is the most often used method of execution today?
Lethal injection.
When did Canada abolish the death penalty?
1976, but the last execution was in 1962.
Who brought about the idea of abolishing the death penalty?
Politicians.
What does Canada’s extradition agreement with the US stipulate?
Canada may refuse extradition if the death penalty is being sought, and can refuse unless the state provides Canada assurances that they will not seek the death penalty.
What are some arguments for the retention of the death penalty?
It is the only proportionate punishment for murder; general deterrence effect; it is more humane than a life-sentence; it prevents recidivism.
What are some arguments for the abolishment of the death penalty?
Human life is sacred; no evidence of general deterrence; impossible to determine whether it is more human than a life-sentence; no evidence of cost-effectiveness; precludes rehabilitation; injures the criminal justice system; innocent people may die; there is a class and race bias.
What is the estimated rate of false convictions?
They go as high as 20%.
What are 6 potential reasons for false convictions?
Eyewitness error, erroneous forensic evidence, false confessions, use of jailhouse informants, professional and institutional misconduct, and race and class bias.
What accounts for the majority of false convictions?
Eyewitness error.
Why are some causes of eyewitness error?
Demand characteristics, suggestive police questioning, perception/recall issues.
