Restorative Justice test 1

What is a paradigm?

A way of thinking about or viewing the world, it comes from the people you hang out with, family, and political views

Pattern of thinking

When we encounter data that indicates something doesn't work, we must make a choice: disregard that evidence or seek a new pattern

What are the negative aspects of patterns of thinking?

Limit what we perceive, and we will only see what fits our pattern and block out anything less

How can patterns of thinking obstruct justice?

May prevent policy makers or detectives from seeing only one thing

What is the underlying consumption in CRJ?

Crime is law-breaking.

All focus is on the offender, and it focuses on guilt and punishment

What is the King's peace?

First-time offenses against people became an offense against the king. All liabilities were paid to the king

How long has Restorative Justice been a thing.

For centuries. Ties back to ancient and indigenous practices

What was the ancient practice's viewpoint on justice

crime was against the state, but also the victim; one must repair harm to the victims, which then repairs damage to the state

What is restorative justice

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

Where is Restorative Justice rooted?

It was practiced by Native Americans and indigenous cultures worldwide to help build relationships and strengthen community.

What is the restorative justice model?

Focus on who was harmed

What are the harmed person's needs

The responsible party needs to understand the harm they caused

Take responsibility for their actions

What is the number one thing victims want?

Answers!!!!!!

What are the different types of restorative practices?

Victim-Offender Mediation

Restorative Conferences

Restorative Circles

Boards/Panels

When and where did VOM start?

1974 Elmira, Ontario

Where did conferences start?

1989, New Zealand

Why did conferences start?

Māori culture puts a focus on the social welfare of children in society

When and where did circles begin?

1992, Canada, First Nations people. Based on indigenous roots

What are the aspects of impact panels?

Groups of victims + Groups of offenders, linked by a common kind of crime, they are not "each other's" victims or offenders

What is the one thing that is different about impact panels?

The use of surrogates, they are not each other's victims or offenders

How is RJ being incorporated into the current CRJ system?

Being considered by courts and the legislature. Governments are funding the development of restorative programs

Many are modifying laws to allow restorative interventions

RJ is Global

What are principles?

Guiding rules or truths that shape how the process is carried out

What are values?

Foundational principles that guide how people interact, resolve conflict, and build relationships in a way that promotes healing, accountability, and community. These values prioritize repairing harm over punishing wrongdoing.

What are the 3 basic conceptions of RJ?

Encounter

Reparative

Transformation

What are the views of CRJ vs. RJ?

Criminal

Crime is a violation of the law and the state.

Violations create guilt.

Justice requires the state to determine guilt and impose punishment.

Restorative

Crime is a violation of people and relationships.

Violations create obligations.

Justice involves victims, offenders, and community members to put things right

What questions get asked in CRJ vs RJ?

Criminal -

What laws have been broken?

Who did it?

What do they deserve?

Restorative -

Who has been hurt?

What are their needs?

Whose obligations are these?

What are the 3 principles of RJ?

1. Justice requires that we work to heal victims, offenders, and communities injured by crime.

2. Victims, offenders, and communities should have the opportunity for active involvement in the justice process as early and as fully as they wish.

3. We must rethink the relative roles and responsibilities of government and community in promoting justice. The government is responsible for order and community for establishing a just peace

What are the normative values of RJ?

Active responsibility, peaceful social life, respect, and solidarity

What is active responsibility?

Taking initiative to help preserve/promote restorative values and make amends.

What is Peaceful social life?

Responding to crime in ways that build harmony and community well-being.

What is respect?

Treating all parties to a crime as persons with dignity and worth

What is solidarity?

The experience of support and connectedness

What are the corner post values of RJ?

Inclusion - Include everyone we can

Encounter - the actual meeting

Amends - making it right with the people we harmed

Reintegration - how do we welcome and support them back into the community

How is RJ a justice that promotes healing?

Crime should be viewed as more than lawbreaking. The criminal justice process is based on procedural justice and should focus on the harm done to people

How does one adopt an alternative approach?

Open Invitation

Desire

Alternative approach

How does Inclusion tie to RJ?

There should be an opportunity for direct and active involvement of each party in the procedures that follow a crime

What are the elements of inclusion?

Invitation

Recognition

Acceptance of the interest of the person invited

Willingness to accept alternative approaches that better fit that individual

Direct and full involvement

What does inclusion look like for the victims?

Provide info on services, rights, and status of the case

Allow them to attend all court proceedings

Allow them to read victim impact statements and tell their stories

Allow them to apply for restitution at sentencing, not through another process

What are the 3 basic objectives of encounter?

To identify the injustice

Make things right - explore how the offender might begin to repair the harm.

To consider future interventions - setting a restitution schedule, addressing the underlying issues

What is VOM?

Allows the victim and offender an opportunity to meet one another, relies on the victim and offender to resolve their conflict, empowers participants, promotes dialogue, and encourages problem-solving

What is conferencing?

A facilitated process that includes families and support groups. Often used in juvenile cases, it has a high satisfaction rate

What are circles

Community-based decision-making approach, facilitated by community meetings, where any community member can be included. Goal to build relationships before discussing core issues. Don't talk about issues until those relationships are formed, often done with an introductory round

What are the elements of a circle? (7)

Seating in a circle

Opening ceremony

Centerpiece

Discussing values and guidelines

Talking piece

Guiding questions

Closing ceremony

What is a circle facilitator called?

Keeper

What are impact panels?

Include victims and offenders linked by a common kind of crime, not victims of each other. Mothers Against Drunk Driving

What are the elements of encounter?

Meeting - face-to-face dialogue, this is what makes the difference.

Narrative - what is said in the conversation often has lots of emotion.

Emotion.

Understanding - try to understand what's happening and the feelings of the other person.

Agreement

How does encounter minimize coercion?

They are committed to voluntary participation.

What is genuine accountability in CRJ vs RJ?

Criminal - accepting consequences imposed by the system.

Restorative - acknowledging the harm, repairing it, and committing to change

Who is Howard Zehr?

grandfather of restorative justice