Restorative Justice test one

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57 Terms

1
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  1. Who is at a VOM 

  1. The VOM process relies on the victim and offender to resolve the dispute together.  Without the use of third party take over 

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3
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  1. What is Encountered conception

  1. 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

  2. Would not consider something restorative if it did not involve the victim, offender, and other parties meeting together

4
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What is Reparative conception

  1. Crime causes harm justice must repair that harm

  2. Insist that court proceedings focus on identifying and taking steps to repair the harm caused by the crime

  3. It would not be restorative if it did not provide some sort of redress to direct victims and perhaps communities and offenders as well

5
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What is Transformation conception

  1. Goes beyond structural issues of injustice, such as racism, sexism, and classism

  2. 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

  3. It would not be called restorative if it did not address structural impediments to wholesome healthy relationships


6
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  1. What is Inclusion

  1. All effective parties are invited to directly shape and engage in restorative processes and response to the crime

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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

8
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  1. What is Amends 

  1. Those responsible for the harm, resulting from the offense, also take responsibility for repairing it to the extent possible

9
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  1. What is Reintegration

  1. 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

10
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  1. What is the goal of VOM 

  1. The goal is to empower participants, promote dialogue, and encourage mutual problem-solving.


11
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  1. What do we mean by telling their stories 

  1. they describe what happened to them, how it has affected them, and how they view the crime and its consequences

12
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  1. How do we view crime in law in the US, what is the lens

  1. lens views crime as lawbreaking and justice as allocating blame and punishment

13
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  1. What lens does restorative justice view crime 

  1. “Crime is a violation of people and relationships . . . creates obligations to make things right” – Howard Zehr


14
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who is Haward Zehr 

  1. The grandfather over restorative justice

15
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  1. What is the definition of restorative justice 

  1. Restorative justice is a way to prevent or respond to harm in a community with an emphasis on healing, social support, and active accountability. 

    1. Rooted in indigenous traditions 

    2. Helps build relationships and strengthen community 

    3. An inclusive and collaborative process

16
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  1. Is Restorative Justice a New Concept?

  1. It’s centuries old 

  2. Practiced by Native American and indigenous cultures worldwide 

  3. Bringing people and community together to make amends.

17
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  1. What are the four key points in the Restorative Justice Model 

  1. Focuses on who was harmed 

  2. What are the harmed person's needs 

  3. Responsible party to understand the harm they caused 

  4. Take responsibility for their actions – how can they repair it

18
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  1. What are the four types of of Restorative Justice Practices

  1. Victim-Offender Mediation 

  2. Restorative Conference 

  3. Restorative Circles 

  4. Boards/Panels

19
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  1. Where did victim offender mediation began 

  1. Elmira, Ontario

20
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  1. What did the first VOM focus on and what were the results 

  1. Two intoxicated youths vandalized houses and cars of 22 people. 

  2. Judge ordered the young men to do VOM and results were positive

21
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  1. Where did family group Conference start 

  1. New Zealand

22
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  1. What group of people started family group conference and why 

  1. Maori culture is communitarian rather than individualistic. 

  2. Children are considered to be the future of the Maori people

23
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  1. What is family group conference based on 

  1. Based on social welfare, not the criminal justice system.

24
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  1. Where did circles start 

Canda 

25
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  1. Who started circles 

  1. First Nations people.

  2. Indigenous roots, drew on aboriginal understandings of justice.

26
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  1. 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

27
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  1. How is restorative justice being incorporated in the United States?

  1. The restorative of justice is being considered by courts and legislators

  2. Governments are funding the development of restorative programs

  3. Many are modifying their laws to allow restorative interventions

  4. Restorative of justice is global

28
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  1. What is paradigm 

  1. A way of thinking about the world

  2. It is like a pair of glasses

29
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  1. What did Albert Einstein say about the punitive justice policy

  1. It is like insanity, which means doing the same thing over and over again and expecting different results

30
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  1.  What are the flaws of patterns of thinking?

  1. A fundamental weakness of patterns of thinking is they limit what we perceive

  2. We only see what makes sense in the pattern

  3. We think that the only way to do something is the right way and the only way

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  1. Using patterns of thinking, what do we do when we encounter data that indicates something doesn’t work (two) 

  1. Disregard the evidence

  2. Seek a new pattern

32
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  1. What does the ancient pattern say about crime?

  1. Offenses considered crime against victims and victims family not crime against the state

  2. Offenders and families are required to settle accounts with victims and families

  3. Restitution was primarily means of compensation

33
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  1. What does it mean by the “ King’s peace” 

  1. The Crown was the protector

  2. Offenses against people became offenses against the king

  3. Offenders are liable to pay the king

34
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  1. How do patterns of thinking obstruct justice?

  1. Crime is not an offense against the state and justice is more than punishment and incarnation 

  2. Dominant narrative in the criminal justice system 

35
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  1. What are the three basic conceptions 

  1. Encounter

  2. Reparative

  3. Transformation

36
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  1. How does the criminal justice system view crime? (three)

  1. Crime is a violation of the law and state

  2. Violations, create guilt

  3. Justice requires a state to determine guilt and impose punishment

37
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  1. How does restorative justice view crime? (three)

  1. Crime is a violation of people and relationship relationships

  2. Violations create obligation

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

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  1. What are the three questions in the criminal justice system?

  1. What laws have been broken?

  2. Who did it?

  3. What do they deserve?

39
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  1. What are the three questions in the restorative justice system

  1. Who has been hurt

  2. What are their needs?

  3. Whose obligations are those?

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  1. What are the three principles of restorative justice?

  1. Principal one is justice requires that we work to heal victims, offenders, and communities injured by crime

  2. 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

  3. 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

41
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  1. What is the government just public order?

  1. As imposed order increases personal freedoms decreases

42
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What is community just peace

Peace requires a communiti’s commitment

43
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  1. What are the four components of normative value?

  1. Active responsibility

  2. Peaceful social life

  3. Respect

  4. Solidarity

44
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  1. What are the four corner post values?

  1. Inclusion

  2. Encounter

  3. Amends 

  4. Reintegration 

45
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  1. What type of justice system is criminal justice based off of

  1. Procedural justice

46
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  1. Why is the story of David and Goliath included in restorative justice?

  1. David use unconventional methods to beat Goliath

  2. It shows that justice can be solved using unconventional methods

47
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  1. What are the three components of adopting an alternative approach?

  1. Open invitation

  2. Desire

  3. Alternative approach

48
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  1. How does restorative justice promote inclusion?

  1. The opportunity for direct and active involvement of each party in the procedures that follow a crime

  2. Outcomes are mutually agreed-upon

49
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  1. How does the justice system not promote inclusion

  1. The legal system is adversarial 

  2. Outcomes are imposed

50
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  1. What are the four elements of inclusion?

  1. Invitation

  2. Recognition

  3. Acceptance of the interest of the person invited

  4. Willingness to accept alternative approaches that better fit individual

51
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  1. What are four ways to promote inclusion for victims?

  1. Information

  2. Presence in court

  3. Victim impact statement

  4. Legal standing

52
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  1. What are the three basic objectives of encounter?

  1. To identify the injustice

  2. To make things right

  3. To consider future intentions

53
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  1. What restorative justice practice focuses on juvenile cases

  1. Conferencing

54
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  1. What is a facilitator called in circles?

  1. The Circle keeper

55
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  1. What are the different elements of a circle?

  1. Seating in a circle

  2. Open ceremony

  3. Centerpiece

  4. Discussing values and guide guidelines

  5. Talking pieces

  6. Guiding questions

  7. Closing ceremony

56
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  1. What are the five different elements of encounter?

  1. Meeting

  2. Narrative

  3. Emotion

  4. Understand

  5. Agreement

57
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  1. How do you minimize coercion 

  1. Encounter programs are committed to voluntary participation