Restorative Justice Flashcards
Restorative Justice
A concept that refers to an alternative process for resolving disputes and a new model of criminal justice organized around principles of restoration to victims, offenders, and communities.
Reintegrative Shaming
Shaming offenders in a positive way by assembling key people for a conference, emphasizing collective responsibility, and aiming for definite outcomes such as apology and reparation.
Republican Theory
Republican theory is a response to conservative and New Right politics of the 1980s and 1990s. A transformative vision of society that contrasts retributivist thinking promotes liberty, freedom from interference, restoration, and compensation.
Basic Concepts of Restorative Justice
Crime is seen as a denial of personal dominion, a communal evil, and the cause of crime is attributed to a lack of self-sanctioning conscience. The response to crime is to remedy the damage caused by the crime and restore equilibrium.
Restorative Justice Signposts
Principles of restorative justice include centring harm other than the law, giving equal concern to victims and offenders, working towards the restoration of victims, supporting offenders with meaningful obligations, facilitating dialogue between victims and offenders, involving the community when appropriate, promoting collaboration over separation, and respecting everyone involved in the process.
Critique of Restorative Justice
Criticisms of restorative justice include its failure to address the underlying causes of crime, operating on the consensus of criminal activities, neglecting power imbalances, assuming that offenders made a “wrong” decision, potential stigma resulting from reintegrative shaming, and the possibility of further criminalization through formal processes.
What are the differences between retributive justice and restorative justice?
Retributive justice focuses on punishment for wrongdoing, while restorative justice emphasises repairing harm, restitution, compensation, and individual and community accountability.
What is the purpose of restorative justice?
Restorative justice aims to address harm, provide opportunities for victims’ voices to be heard, hold offenders accountable, and restore relationships within the community.
When did the restorative justice movement emerge and why?
The Restorative Justice movement emerged in the late 1970s as an alternative response to crime due to dissatisfaction with the formal justice system.
What role did the family group conference (FGC) play in the Restorative Justice movement?
The introduction of the family group conference (FGC) through the Children’s, Young Persons, and Their Families Act in 1989 was significant in shaping the Restorative Justice movement, particularly in New Zealand.
How does Restorative Justice differ from the formal justice system in terms of its approach to wrongdoing, victim involvement, and offender accountability?
Restorative Justice focuses on healing social relationships and involving the community, victims, and families in addressing the causes and consequences of offending, whereas the formal justice system is adversarial, victimizes the victim, and prioritizes punishment.
What are some common elements and principles of Restorative Justice practice?
Common elements of Restorative Justice practice include involving all parties affected by social harm, seeking reconciliation between victim and offender, and making reparations for the harm done.
What are some examples of Restorative Justice programs that have been developed?
Examples of Restorative Justice programs include victim-offender mediation, sentencing circles, and New Zealand’s family group conference.
What are the key features of a typical restorative conference in New Zealand?
A typical restorative conference in New Zealand involves the prior admission of responsibility by the offender, voluntary attendance of all participants, the assistance of a neutral facilitator, and the presence of a police officer.
What are the core values shared by Restorative Justice practitioners?
Core values shared by Restorative Justice practitioners include victim empowerment and healing, offender accountability, reconciliation, and community-centered decision-making.
