Restorative Justice in Corrections (PEN3701) Practice Flashcards

This set of vocabulary flashcards covers key terminology, legislation, case law, and procedural concepts from the PEN3701 study guide on Restorative Justice in Corrections within the South African context.

Restorative Justice (Tony Marshall definition)

A process whereby all parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of an offence and its implications for the future.

Restorative Justice (Howard Zehr definition)

A process to involve, to the extent possible, those who have a stake in a specific offence and to collectively identify and address harms, needs and obligations, in order to heal and put things as right as possible.

Ubuntu

An African philosophy meaning humanness, usually associated with the phrase "umuntu ngumuntu ngabantu," which translates as "I am what I am because of who we are" or "I am a person through other persons."

Restorative Justice Flower

A graphic illustration used by Zehr with five petals representing principles rooted in respect: (1) focus on harms and needs, (2) address obligations, (3) use inclusive collaborative processes, (4) involve those with a legitimate stake, and (5) seek to put right the wrongs.

Participation (Restorative Value)

The principle that those most affected by an act of crime (victims, offenders, and communities) ought to be the principal speakers and decision makers in the process.

Accountability (Restorative Value)

The obligation of the perpetrator to accept full responsibility for the crime, demonstrate remorse, make reparation for losses, and seek forgiveness.

Section $299A$ (Criminal Procedure Act $51$ of $1977$)

A legislative provision in South Africa that grants complainants or their relatives the right to make representations when an offender's placement on parole, day parole, or under correctional supervision is considered.

Correctional Services Act $111$ of $1998$

Legislation that provides for the South African correctional system, human dignity of offenders, and includes Section $38(1)(j)$ regarding assessment of an offender's restorative justice requirements.

Child Justice Act $75$ of $2008$

An act that establishes a criminal justice system for children based on the principles of restorative justice, aiming to involve the child, victim, families, and community to address harms and promote reconciliation.

White Paper on Corrections in South Africa ($2005$)

A policy document providing a vision for viewing corrections as a societal responsibility and stating that reconciliation of the offender with the community is a key objective.

National Crime Prevention Strategy (NCPS)

A strategy launched in $1996$ designed to shift the focus of the criminal justice system away from offenders and toward a victim-centred restorative justice system.

Victim Empowerment Programme (VEP)

A multidisciplinary programme launched in $1998$ under the NCPS that aims to make the criminal justice process more victim-friendly and minimize the negative effects of crime on victims.

Service Charter for Victims of Crime in South Africa (Victims' Charter)

An initiative approved in $2004$ that sets standards for how victims should be dealt with, emphasizing fairness, dignity, privacy, and the right to compensation and restitution.

Restitution

The payment by an offender of a sum of money to compensate the victim for the financial losses caused by the crime, justified as a method of holding offenders accountable.

Reparation

Any form of compensation, restitution, accountability, or recognition aimed at meeting the individual and collective needs of the parties.

Restorative Outcome

An agreement reached as a result of a restorative process, including responses like reparation, restitution, and community services.

Restorative Process

Any process in which the victim, offender, and other affected individuals participate together actively in the resolution of matters arising from the crime, usually with a facilitator.

Sentencing Circles

Consensus-based processes involving victims, offenders, community members, and judicial officers intended to promote healing and give victims and communities a voice in finding constructive resolutions.

Victim-Offender Panels (VOP)

A process where a group of victims and offenders unrelated to a specific case meet to share testimonies on the impact of crime to elicit victim empathy and help victims find resolution.

Victim-Offender Mediation (VOM)

A voluntary face-to-face meeting between a victim and offender in a safe setting with a trained mediator to discuss the crime and "repair" emotional and material harm.

Victim-Offender Dialogue (VOD)

A victim-centred and voluntary conversation between an offender and a victim aimed at exploring the crime, often used for those interested in dialogue without the initial intention of mediation.

$S$ v Maluleke ($2008$)

A court case where Bertelsmann J emphasized restorative justice as an important tool for reconciling victims and offenders and reducing the prison burden through alternative sentencing.

$S$ v Shilubane ($2008$)

A case involving the theft of seven fowls where the court replaced imprisonment with a suspended sentence, referencing the new philosophy of restorative justice and victim compensation.

Restorative Justice Orientation Programme

A compulsory Department of Correctional Services programme meant to orientate offenders on restorative concepts and prepare them for further interventions like VOD and VOM.

Correctional Supervision and Parole Board (CSPB)

An independent statutory body that makes decisions regarding the placement of offenders under community corrections, taking into account participation in restorative justice programmes.

Complainant

Any person who is a victim of the crimes specified in Section $299A$ of the Criminal Procedure Act $51$ of $1977$, also referring to a relative of a deceased victim.

Facilitator

A person whose role is to help, in a fair and impartial manner, the participation of the direct stakeholders in a restorative process.

Restorative Continuum

A scale from Crawford ($2010$) and Zehr ($2002$) used to assess the "restorativeness" of practices based on the degree of active involvement of victims, offenders, and the community.

Integrated Victim Empowerment Policy (IVEP)

A policy that serves as a point of reference for stakeholders to facilitate partnerships for integrated, effective, and efficient service delivery to victims.

Minimum Standards on Services for Victims of Crime

An information document developed to explain the rights in the Victims' Charter and ensure they become a reality for victims reporting crimes.