Exam 1 Flashcards
(69 cards)
What is the Truth and Reconciliation Act?
The Truth and Reconciliation Commission (TRC) was a court-like body in South Africa that investigated human rights abuses during apartheid. The TRC was established in 1996 by President Nelson Mandela and chaired by Desmond Tutu. The purpose of the TRC was to uncover the truth about human rights violations, to heal the country and bring about reconciliation, and to prompt a healing conversation among all South Africans. The TRC Invited witnesses to give statements about their experiences, allowed perpetrators to give testimony and request amnesty, and focused on gathering evidence and uncovering information, not prosecuting individuals.
How has restorative justice been utilized?
RJ Has been 100% implemented into New Zealand’s Juvenile Justice System. RJ is expanding to schools and workplaces in the United States.
What is the definition of restorative justice?
*Crime is a violation of interpersonal relationships;
*Violations create obligations;
*The central obligation is to put right the wrongs.
*Restorative justice promotes engagement or participation.
What is Dr. McDowell’s theory of restorative justice?
*Crime creates broken relationships.
*Reparation is necessary to heal broken relationships.
*Inclusion of affected parties is necessary to repair broken relationships.
*Amends occur through inclusion.
*Amends takes the form of:
o Acceptance of personal responsibility by the offender
o Remorse by the offender
o Apology by the offender
o Forgiveness by the victim
*Resolution occurs through the process of inclusion, amends, and reparation.
*Reintegration occurs through the process of inclusion, amends, reparation, and resolution.
*Reconciliation occurs through the process of inclusion, amends, reparation, resolution, and reintegration.
*GOAL: Restoration occurs through the process of inclusion, amends, reparation, resolution, reintegration, and reconciliation.
What is restorative justice not?
*Restorative justice is NOT primarily about forgiveness or reconciliation.
*Restorative justice is NOT mediation.
*Restorative justice is NOT primarily designed to reduce recidivism.
*Restorative justice is NOT a particular program or a blueprint.
*Restorative Justice is NOT only implemented in minor offenses or with 1st time offenders.
*Restorative justice is NOT a new or North American development.
*Restorative is not necessarily a replacement for the legal system.
*Restorative justice is NOT necessarily an alternative to prison.
*Restorative justice is NOT necessarily the opposite of retribution.
Who’s needs does restorative justice consider?
Restorative justice
considers needs: Victims’ Needs, Offenders’ Needs, and Community Needs.
What three questions are asked by the restorative justice system?
-Who has been hurt?
-What are their needs?
-Whose obligations are these?
What three questions are asked by the traditional CJ system?
-What laws have been broken?
-Who did it?
-What do they deserve?
What are the three pillars of restorative justice?
Harms
Causes
Needs
What does the restorative lens look at?
-Harms need to be addressed
-Causes need to be addressed
What are the guiding questions of restorative justice?
*Who has been hurt?
*What are their needs?
*Whose obligations are these?
*Who has a stake in the situation?
*What is the appropriate process for involved stakeholders in an effort to put things right?
What is the restorative justice continuum from left to right?
- Fully restorative
- Mostly restorative
- Partially restorative
- Potentially restorative
- Psuedo/Non Restorative
What is dialogue?
-Dialogue is a communication process that aims to build relationships between people as they share experiences, ideas, and information about a common concern.
-A process for talking about tension-filled topics.
What are the differences between the communication styles of dialogue, conversation, debate, and discussion?
-Dialogue:Dialogue is a communication process that aims to build relationships between people as they share experiences, ideas, and information about a common concern. It also aims to help groups take in more information and perspectives than they previously had as they attempt to forge a new and broader understanding of a situation. Dialogue is a unique communication process because it focuses participants’ attention on listening for understanding. Dialogue works best when participants listen for what might be correct, true, and insightful about what others have stated. The listeners try to find ideas with which they can agree, and potentially combine those with their own ideas to build a larger truth than any side has on its own.
-Conversation:Self-expression. In conversation, information and ideas flow between people for the primary purpose of self-expression. Persuasion, or changing another’s perspective or understanding, may not figure into the exchange.
-Debate: Contest/Win-Lose. Listen to find what is wrong, incomplete, or otherwise flawed in one’s perceived opponent’s
statements. Intention: Identify flaws and poke holes in the
opponent’s overall position.
-Discussion:Exchange of ideas to accomplish a specific task or to solve a problem. In a discussion, information and ideas are exchanged in order to accomplish a specific task or to solve a problem. The intention of dialogue is not to accomplish a task, even though a dialogue process sometimes identifies follow-up tasks.
Why are safe spaces important?
Ensuring a safe place for each person puts participants at ease.
What is the role of the facilitator?
Encourage the following attributes:
o Respectful listening
o Willingness to learn
o Sharing experiences
o Creating safe spaces
o Following guidelines
o Willingness to change
o Humility (No one person possesses whole truth)
o Honesty (Similarities & differences)
How does dialogue affect us individually, as groups, and communities?
Dialogue May Affect Us Individually in the Following Ways:
oPersonal reflection and clarity (Phenomenology)
oIncreased understanding
oIncreased empathy for others
Dialogue May Affect Groups and Communities in the Following Ways:
oReduced divisions
oCreating a sense of community
oImproved communication patterns
oCollective analysis
oOptions for collaborative action
What are preconditions for a successful dialogue process?
*A diversity of experiences
*No immediate decisions need to be made
*Relatively balanced power
*Similarity in perceived language capacity
What are the different types of dialogue?
*One-on-One or Small Group
*Informal Dialogue
*One-Time Dialogue
*Dialogue with Multiple Sessions
*Sustained Dialogue
*Large-Scale Dialogue
How do you organize and design a dialogue process?
*Focus on stakeholder’s needs
*The invitation process
*Diversity of thought
*Choosing dialogue space
*Food, time, and aesthetics
*Good, trained facilitation
What are the phases of dialogue?
1.Establishing Common Intentions and Norms (Safe space, ground rules, and role of the facilitator)
a.Introductions (Name, affiliation, reason for participating, icebreaker)
b.Ground rules
c.Role of facilitator
2.Sharing Experiences and Perceptions
a.Warming up: Describe a time when…
b.Getting and Staying Personal: How has this experience impacted you personally?
i.Refrain from analyzing personal experiences during this phase, but instead focus on sharing experiences.
3.Exploring Diversity and Commonalities
a.What factors caused the conflict/experience?
b.Caucuses: How has the group benefitted from and suffered from the experiences?
c.Optional inclusion of independent research (benefits and
drawbacks?)
d.Optional inclusion of a visual progression of the dialogue
process
4.Exploring Possibilities for Action
a.Move to action
b.Closing
c.Facilitator’s summary
Why are ground rules important?
Facilitators help create a safe space by setting ground rules or guidelines to keep dialogue participants focused on listening to and working with each other. Setting ground rules helps a group identify the behaviors it wants to protect. First, setting ground rules serves to normalize an unusual process. Secondly, setting guidelines together communicates that everyone in the group is essentially equal, at least with respect to the group’s task.
What are the ground rules for going deeper into dialogue?
- Ask questions. Ask honest, thought-provoking questions that give people the opportunity to explore and explain their underlying assumptions.
- Stay through the hard times. Make a commitment to stay in the dialogue despite the tensions.
- Aim to understand. The goal of dialogue is to increase understanding between individuals. The goal is not to solve the problem or agree on everything.
- Recognize common ground. Every two people share something in common. Find it!
- “Ouch,” then educate. If someone says something hurtful, don’t just disengage. Let the individual and the group know why it was hurtful.
What are basic facilitation skills?
oEstablish the purpose of the dialogue
oFoster dialogue
oManage the agenda and guide the process
oDevelop ground rules
oActive listening
oMonitor group dynamics
oCommunicate interest in everyone’s perspective
oHelp address difficult participants
oSummarize and paraphrase
oStay impartial
oModel the behavior expected from participants
oClose with a summary