Restorative Justice Flashcards
(33 cards)
What 3 steps are apart of a proper apology?
-Acknowledgement
-Affect
-Vulnerability
What are the 5 considerations for an in-person apology?
-Who should be present?
-What should the setting be?
-What is the proper timing?
-Is there an opportunity for catharsis?
-Dialogue
What are 3 goals of a proper apology?
-Desire for dignity and power to be restored
-To feel cared for
-Desire to forgive the offender in the sense of letting go of the hostile feelings
What are 5 apology strategies?
-Statements of remorse–Accounts/explanations
-Compensation
-Reparation / Restitution
-Thanking
-Asking victim not to be angry
-Showing lack of intent in doing harm
-Promise not to repeat the offence
-Negative assessment of responsibility (someone else did it)
-Blaming the victim
-Brushing the incident off as important
-Laughing the incident off
What are some reasons people are resistant to apologizing?
-Shame over admitting fault.
-Negative reactions of the other party.
-Fear of reparation including legal vulnerability.
-Some people do not know how to apologize.
-“Apologizing gives someone the god-like power to forgive you.”
-“She/He might never want to see me again.”
-“It makes me feel weak to apologize.”
-“I might show hidden inner emotions like sadness or anger and start to cry. I might then be perceived as weak.”
-“When you apologize, you let your guard down and you are like a soldier going into battle without armor or a gun.”
What is reintegrative shaming?
-Communicates disapproval within a continuum of respect for the offender; the offender is treated as a good person who has done a bad deed.
What is stigmatizaing shaming?
-Disrespectful; the offender is seen and treated as a bad person
Who is behind the idea of reintegrative shaming?
John Braithwaite
What are the key elements of cohesion?
-Relationship
-Restorative dialogue
-Respect
-Cultivating compassionate
curiosity
-Resilience
-Trauma informed
community building and
engagement
What is the main focus of cohesion/reintegration?
Often focused on the who have caused harm
-Lack of community support
-Employment
-Program continuity
What is often overlooked with cohesion/reintegration?
Needs of those who have been harmed (victims) often forgotten or overlooked.
-Isolation
-Re-traumatization
-Disorientation
-Re–victimization
What does reintegration include?
-Mutual respect for one another
-Mutual commitment to one another
-Intolerance for but understanding of deviant behavior
What is P.A.A.I.R?
Pause
Assess
Acknowledge
Inquire
Restore/Repair
What are 5 things people can do to create a good trauma informed community?
-Keep structural injustice in mind
-Do not add harm
-Accept people and situations as they are…and expect this to take time
-Respect community self determination
-Use reflective processes
What are 3 conditions for a restorative system?
-Consent
-Safety
-Fundamental rights
Is restorative justice meant to replace the traditional CJS?
It is not intended to replace the traditional CJS
What are the 5 system models?
-Argumentative model
~Alternatives to current
system; ad hoc; transitional
-Safety-net model
~Restorative approaches are
the first approach
-Dual-track model
~Both approaches are used;
involved parties or
government determines the
approach
-Hybrid model
~Contemporary process for
the investigation and trial,
restorative process for the
sentence
-Unitary model
~Restorative approaches
only
What are diversion practices?
Alternative responses to criminal behavior that aim to address the underlying causes and repair harm, rather than solely relying on traditional court processes
-Policing practices in community and school based settings
What are mediation practices?
Providing an option for those who have caused harm and those who have been harmed (offenders / victims) to participate in a facilitated mediation process.
What is determination of responsibility?
Determination of responsibility focuses on the offender acknowledging their actions and the harm caused
-Use of RJ processes during trials
-Giving victims the opportunity to to provide evidence remotely
-Providing emotional support or legal representation
How is RJ used in sentencing?
Providing an opportunity for those who have been harmed, those who have caused harm, and community members who have been impacted to participate in the sentencing process
How is RJ used in incarcaration?
-Conflict resolution within the prison setting
-Building empathy and understanding for those who have caused harm
How is RJ used in community corrections?
-Volunteer probation officers to assist with reintegration (e.g., amends to those who have been harmed)
-Elder assisted parole hearings for federal offenders in Canada
-Parole and/or probation conditions; inclusion of restorative processes
How is RJ used in re-entry and reintegration?
-Healing circles and conferences
-Circles of Support and Accountability
