Lecture 12: Restorative Justice

Question 1

What was explored in the video “Victim Story Restorative Justice?”

Answer 1

Peace being restored in the life of a victim. Living life as a victim.

Question 2

Anne-Marie saw the world as a ___.

Answer 2

Victim.

Question 3

Victims connect every conversation to…

Answer 3

The event that caused them to be victimized.

Question 4

Restorative justice is a paradigm change that views…

Answer 4

Harm and crime as a violation of people and relationship.

Question 5

Adversarial System

Answer 5

One wins to the extent that the other loses. Not really about the truth.

Question 6

Adversarial systems are common in ___ law jurisdictions.

Answer 6

Common

Question 7

Inquisitorial System

Answer 7

Judges investigate cases to ascertain facts, and judges are active not passive.

Question 8

Inquisitorial systems are common in ___ law jurisdictions.

Answer 8

Civil.

Question 9

True or false? Restorative justice is holistic.

Answer 9

True.

Question 10

In an adversarial system, victims are treated like ___.

Answer 10

Props.

Question 11

What are some characteristics of a restorative justice approach?

Answer 11

• Crime affects more than its primary victims.
• Need for healing and closure.
• Gives offenders a second chance.
• Crimes viewed as crime against the state.

Question 12

Where did restorative justice originate?

Answer 12

• Maori of NZ.
• Aboriginal.
• Japanese.
• African.
• Arab, Greek, and Roman.

Question 13

What are the 4 main principles of restorative justice?

Answer 13

1. Encounter.
2. Amends.
3. Reintegration.
4. Inclusion.

Question 14

What is the encounter principle in restorative justice?

Answer 14

The opportunity to talk about it.

Question 15

What is the amends principle in restorative justice?

Answer 15

Take steps to repair harm they have done.

Question 16

What is the reintegration principle in restorative justice?

Answer 16

Restore victims/offenders to society.

Question 17

What is the inclusion principle in restorative justice?

Answer 17

Include everyone.

Question 18

True or false? Restorative justice sees the community as a facilitator.

Answer 18

True.

Question 19

True or false? Restorative justice sees crime as a violation of one person by another.

Answer 19

True.

Question 20

True or false? Restorative justice deals with problem solving and harmony.

Answer 20

True.

Question 21

Which approach focuses on blame/guilt, and which approach focus on problem solving and liabilities?

Answer 21

Retributive and restorative respectively.

Question 22

Which approach focuses on repentance and forgiveness, and which approach focuses on no repentance nor forgiveness?

Answer 22

Restorative and retributive, respectively.

Question 23

Which approach directly involves participants, and which approach relies on professionals?

Answer 23

Restorative and retributive, respectively.

Question 24

Which approach involves the state imposing a sentence on the offender, and which approach involves a dialogue between the victim and the offender?

Answer 24

Retributive and restorative, respectively.

Question 25

Which approach sees accountability as the receipt of punishment?

Answer 25

Retributive.

Question 26

Which approach sees understanding the impact of action and deciding how to make things right as accountability?

Answer 26

Restorative.

Question 27

Which approach relies on the performance of the offender?

Answer 27

Retributive.

Question 28

Which approach examines past behaviour, and which approach examines consequences?

Answer 28

Retributive and restorative, respectively.

Question 29

In what approach is the community represented by the state?

Answer 29

Retributive.

Question 30

In what approach is there a recognition of the debt owed to victims?

Answer 30

Restorative.

Question 31

In what approach is debt owed to the state and society?

Answer 31

Retributive.

Question 32

The Criminal Code requires people to consider using all available sanctions...

Answer 32

Other than imprisonment reasonable in the circumstances, especially or Aboriginals.

Question 33

What are the advantages of restorative justice?

Answer 33

- Reduced recidivism. - Conflict is an opportunity to learn/grow. - Harmonious/peaceful coexistence. - Victim needs offender responsibility. - Healing harm done. - Restoring harmony in community. - Accountability. - Social justice. - Involves community. - Restitution/atonement emphasized. - Cheaper.

Question 34

Which country incarcerates the most people per capita?

Answer 34

U.S.

Question 35

How much does it cost to incarcerate a male prisoner?

Answer 35

90k per year.

Question 36

How much does it cost to incarcerate a female prisoner?

Answer 36

150-250k per year.

Question 37

What are some challenges to restorative justice?

Answer 37

- Perceived as soft on crime. - Problematic of remorse, repentance, and acceptance (performing). - Pressure on victims (emotional, time and burden of meetings). - Pressure on accused to admit guilt. - Appropriateness in cases of sexual assault/family violence. - Use as cost-saving measure. - Requires effective welfare state. - Justice is not about just desert (some victims want punishment). - Evaluating effectiveness difficult.