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Who is at a VOM
The VOM process relies on the victim and offender to resolve the dispute together. Without the use of third party take over
What is Encountered conception
Focuses on the importance of stakeholder meetings, and on the many benefits that come as stakeholders discussed the crime what contributed to it and its aftermath
Would not consider something restorative if it did not involve the victim, offender, and other parties meeting together
What is Reparative conception
Crime causes harm justice must repair that harm
Insist that court proceedings focus on identifying and taking steps to repair the harm caused by the crime
It would not be restorative if it did not provide some sort of redress to direct victims and perhaps communities and offenders as well
What is Transformation conception
Goes beyond structural issues of injustice, such as racism, sexism, and classism
Restored justice is a way of life because it addresses all of our relationship relationships, and it offers away in which broken relationships can be repair
It would not be called restorative if it did not address structural impediments to wholesome healthy relationships
What is Inclusion
All effective parties are invited to directly shape and engage in restorative processes and response to the crime
What is Encounter
Effective parties are given the opportunity to meet the other parties in a safe environment to discuss the offense harms and the appropriate responses
What is Amends
Those responsible for the harm, resulting from the offense, also take responsibility for repairing it to the extent possible
What is Reintegration
The parties are given the means and opportunity to rejoin their communities as a whole contributing members rather than continuing to bear the stigma of the harm and Offense
What is the goal of VOM
The goal is to empower participants, promote dialogue, and encourage mutual problem-solving.
What do we mean by telling their stories
they describe what happened to them, how it has affected them, and how they view the crime and its consequences
How do we view crime in law in the US, what is the lens
lens views crime as lawbreaking and justice as allocating blame and punishment
What lens does restorative justice view crime
“Crime is a violation of people and relationships . . . creates obligations to make things right” – Howard Zehr
who is Haward Zehr
The grandfather over restorative justice
What is the definition of restorative justice
Restorative justice is a way to prevent or respond to harm in a community with an emphasis on healing, social support, and active accountability.
Rooted in indigenous traditions
Helps build relationships and strengthen community
An inclusive and collaborative process
Is Restorative Justice a New Concept?
It’s centuries old
Practiced by Native American and indigenous cultures worldwide
Bringing people and community together to make amends.
What are the four key points in the Restorative Justice Model
Focuses on who was harmed
What are the harmed person's needs
Responsible party to understand the harm they caused
Take responsibility for their actions – how can they repair it
What are the four types of of Restorative Justice Practices
Victim-Offender Mediation
Restorative Conference
Restorative Circles
Boards/Panels
Where did victim offender mediation began
Elmira, Ontario
What did the first VOM focus on and what were the results
Two intoxicated youths vandalized houses and cars of 22 people.
Judge ordered the young men to do VOM and results were positive
Where did family group Conference start
New Zealand
What group of people started family group conference and why
Maori culture is communitarian rather than individualistic.
Children are considered to be the future of the Maori people
What is family group conference based on
Based on social welfare, not the criminal justice system.
Where did circles start
Canda
Who started circles
First Nations people.
Indigenous roots, drew on aboriginal understandings of justice.
What makes impact panels different from all the other restorative programs
ictims and offenders are linked by a common crime, but they are not each other’s victims or offender
How is restorative justice being incorporated in the United States?
The restorative of justice is being considered by courts and legislators
Governments are funding the development of restorative programs
Many are modifying their laws to allow restorative interventions
Restorative of justice is global
What is paradigm
A way of thinking about the world
It is like a pair of glasses
What did Albert Einstein say about the punitive justice policy
It is like insanity, which means doing the same thing over and over again and expecting different results
What are the flaws of patterns of thinking?
A fundamental weakness of patterns of thinking is they limit what we perceive
We only see what makes sense in the pattern
We think that the only way to do something is the right way and the only way
Using patterns of thinking, what do we do when we encounter data that indicates something doesn’t work (two)
Disregard the evidence
Seek a new pattern
What does the ancient pattern say about crime?
Offenses considered crime against victims and victims family not crime against the state
Offenders and families are required to settle accounts with victims and families
Restitution was primarily means of compensation
What does it mean by the “ King’s peace”
The Crown was the protector
Offenses against people became offenses against the king
Offenders are liable to pay the king
How do patterns of thinking obstruct justice?
Crime is not an offense against the state and justice is more than punishment and incarnation
Dominant narrative in the criminal justice system
What are the three basic conceptions
Encounter
Reparative
Transformation
How does the criminal justice system view crime? (three)
Crime is a violation of the law and state
Violations, create guilt
Justice requires a state to determine guilt and impose punishment
How does restorative justice view crime? (three)
Crime is a violation of people and relationship relationships
Violations create obligation
Justice involves victims, offenders, and community members to put things right
What are the three questions in the criminal justice system?
What laws have been broken?
Who did it?
What do they deserve?
What are the three questions in the restorative justice system
Who has been hurt
What are their needs?
Whose obligations are those?
What are the three principles of restorative justice?
Principal one is justice requires that we work to heal victims, offenders, and communities injured by crime
Principal two refers to victims offenders and communities should have the opportunity for active involvement in the justice process as early and as fully as they wish
Principal three is we must think that relative roles and responsibilities of government and community: in prompting justice, government is responsible for preserving a just order and the community for establishing a piece
What is the government just public order?
As imposed order increases personal freedoms decreases
What is community just peace
Peace requires a communiti’s commitment
What are the four components of normative value?
Active responsibility
Peaceful social life
Respect
Solidarity
What are the four corner post values?
Inclusion
Encounter
Amends
Reintegration
What type of justice system is criminal justice based off of
Procedural justice
Why is the story of David and Goliath included in restorative justice?
David use unconventional methods to beat Goliath
It shows that justice can be solved using unconventional methods
What are the three components of adopting an alternative approach?
Open invitation
Desire
Alternative approach
How does restorative justice promote inclusion?
The opportunity for direct and active involvement of each party in the procedures that follow a crime
Outcomes are mutually agreed-upon
How does the justice system not promote inclusion
The legal system is adversarial
Outcomes are imposed
What are the four elements of inclusion?
Invitation
Recognition
Acceptance of the interest of the person invited
Willingness to accept alternative approaches that better fit individual
What are four ways to promote inclusion for victims?
Information
Presence in court
Victim impact statement
Legal standing
What are the three basic objectives of encounter?
To identify the injustice
To make things right
To consider future intentions
What restorative justice practice focuses on juvenile cases
Conferencing
What is a facilitator called in circles?
The Circle keeper
What are the different elements of a circle?
Seating in a circle
Open ceremony
Centerpiece
Discussing values and guide guidelines
Talking pieces
Guiding questions
Closing ceremony
What are the five different elements of encounter?
Meeting
Narrative
Emotion
Understand
Agreement
How do you minimize coercion
Encounter programs are committed to voluntary participation