MIDTERM 3: Crime Victims Flashcards
what is retributive justice?
Legal justice
- justice based on what is dictated by law
- applied equally and fairly to everyone
- asks 3 questions
- what law has been broken
- who did it
- what do they deserve
what are the benefits of restorative justice?
- facilitates broad view of justice
- victims included in the process
- participation of accused necessary
- monopoly of professionals is reduced, lay participation encouraged
- sharing of responsibility for decisionmaking
- more constructive environment
- greater mobalization for community resources
victims are protected by victims rights and legislation. t or f
False. we have principles and policies but no true victims rights
what is the conventional approach to justice?
a) retributive justice
b) restorative justice
c) social justice
d) none of the above
a) retributive justice
how did the canadian bill of rights impact victims legislation?
resulted in amendments over existing legislation to allow victim rights to be enforced. it identifies the rights available to all victims and contains specific criminal law amendments to help facilitate these rights
what are the limitations of restorative justice
- not suitable for all cases, victims, and offenders
- support is limited
- time consuming and labour intensive
- lack of personnel and resources (first to get cut)
- social injustice and social inequality b/w communities makes it difficult to achieve goals (crime takes place in unhealthy communities -> doesnt help with this)
what are the 4 principles of restorative justice?
- shared sense of responsibility for addressing crime
- use of informal community mechanisms
- inclusion of victims
- understanding of crime as an injury and not just an instance of law breaking
what is the overall purpose of restorative justice?
to hear harms caused by crimes
list all the rights for victims in the canadian bill of rights (exam question)
- the right to information
- biggest problem identified by crime victims
- lack of information
- victim easily overlooked
- bill provides victims with info about the system, info on programs, plea negotiations, case management, info about correctional plans, ect.
- right to protection
- from intimidation or retaliation
- victims can ask the court not to reveal their identity to the public
- right to participation
- victims can designate a representative (an intermediary)
- victims who dont want to give or receive information
- they dont have to directly participate
- right to restitution
- the right to seek but not necessarily the right to get
- can have unpaid amounts enforced through civil courts
- right to complaints process
- not an actual right …
- victims who feel their rights have been denied or infringed upon have access to a complaints process
crime is a as well as a cause of
consequence, harms
define victimology
considerations of victims needs/interests
- promoted by feminists
what is restorative justice?
social justice
- what is socially and morally just?
- how can things be made right?
- comes from perspective of the victim, community, and offender
- asks 3 questions
- what harm has been done
- what needs to be done to make it right
- who is responsible
