restorative justice exam two
what are considered critical elements of inclusion in restorative justice?
invitation, recognition, and acceptance of the interests of the persons invited, and willingness to adopt alternative approaches that fit the individuals and their situations.
one of the most difficult challenges an ex- prisoner encounters is i dung employment. other common problems are:
lack of societal acceptance, lack of positive role models, peer pressure, unrealistic expectations, an excessive or eric isn't sense of sin and guilt, fear of failure, distrust of others, hopelessness, and the lure of addictive behaviors.
in the usual practice of criminal justice, once a crime is reported, the victim and members of the community play central roles in the case. correct statement?
no
research has shown that restorative justice reduces repeat offending more consistently with violent crimes than with less serious crimes. is this a correct statement?
no
restorative justice is distinct and complete alternative to he retributive and rehabilitative approaches to criminal justice. is this a correct statement?
no
support for implementing restorative justice is most likely to be built upon a particular advocacy group or political party. correct statement?
no
when a case has not been closed by arrest, prosecution, and sentencing, can the victim still receive the benefit of a full restorative encounter if they want it?
no
while david never received a miranda warning, ed received one when it became clear he was going to trial. correct statement?
no
justice structures- even restorative justice structures- may have flaws that result in less justice for some. according to the text, this is inevitable and must be accepted. correct statement?
no- it must not be accepted
according to the text, victims, offenders, and communities should have the opportunity for active involvement in the justice process only when their lawyers say it's okay. is this a correct statement?
no- it's as early and as fully as they wish
the cornerpost values of restorative justice are inclusion, amends, reintegration, and transformation. is this a correct statement?
no- its inclusion, encounter, amends, and reintegration.
what legal claim was noted by your instructor as to ed's possibly being treated unfairly for something he did in he closed workshop?
patent law
a hallmark of restorative justice is transformation, not just reformation, of:
perspective, structures, and persons
restorative justice differs from contemporary criminal justice practice in that it views criminal acts more comprehensively. this includes:
rather than limiting crime to lawbreaking, it recognizes that offenders harm victims, communities, and even themselves.
restitution requires the offender to recompense the victim and it can typically be made how?
returning or replacing property, financial payment, performing direct services for the victim.
according to the text, the most immediate need for victims of crime is
safety
griffiths contended that packers dual models (crime control and due process) really constitutes one model, which he called
the battle model
antony duff wrote that "restoration is not only compatible with retribution: it requires retribution." he said this because
the kind of restoration that crime makes necessary can (given certain deep features of our social lives) be brought about only through retributive punishment.
recompense means the obligation to pay for wrongful injury to a crime victim. the responsibility for recompense rests with
the offender/ wrongdoer
mildred's options in david's case clearly did not include
the right to choose the participants
evaluation studies of conferencing confirm what?
the victim satisfaction with conferencing is very high
there are several reasons for providing restorative justice processes in prison. these include:
to help prisoners develop awareness of and empathy for victims, to provide opportunity for prisoners to meet with victims, their estranged families, or hostile communities, and to create a culture within prison where conflict is peacefully resolved.
a mediation meeting allowed victims and offenders to do what?
to meet together with the assistance of a trained mediator to talk about the crime and agree on steps toward justice
in rj city case study what additional aspects significantly bothered your instructor?
what was the standard of proof
crime can create a spiritual or moral crisis for victims. can include:
why it happened to them and why they deserved it, faith shock, rage and violence, and some have a benign view of humanity.
according to VNS, admission of guilt is the main thing that ensures an apology is genuine. correct statement?
yes
according to griffiths, packers adversarial models assumed disharmony and fundamentally irreconcilable interests amounting to a state of war, griffiths proposed assuming "reconcilable- even mutually supportive- interests, a state of love" which he called the "family" model. correct statement?
yes
victim concerns and issues should be at the center of work for restorative justice. correct statement?
yes
vns suggests the most feasible way to incorporate restorative justice is to create a unitary system that addresses all crimes, victims, and offenders in a restorative manner without relying on contemporary criminal justice systems for anything. correct statement?
yes
we learned from the quaker's development of the penitentiary that a good vision is only as affective as it's outcomes. correct statement?
yes
mildred's options in ed's case clearly didn't include
a free government lawyer
according to the text, in order to justly incorporate the interests of victims in reparation, victims could be granted legal standing to argue for restitution at sentencing and at any other stage in which that interest may be affect. correct statement?
yes
according to the text, reintegration means re-entry into community life as a whole, contributing, productive person. correct statement?
yes
according to the text, restitution is most appropriate for those who have suffered the most direct and specific injuries. the more indirect or general the injuries, the less likely it should be for a judge to order restitution. correct statement?
yes
according to the text, when we view the justice system process through a different lens, old problems, issues, and solutions look different as new implications, questions, and possibilities come into view. correct statement?
yes
after a circle process has produced a plan by consensus of the whole circle, are follow up circles typically implemented to monitor progress?
yes
because victims are in a different moral position than offenders (having been wronged as opposed to causing the harm), encounter process facilitators make sure the parties examine the moral implications of the offenders actions as well as he damage caused. correct statement?
yes
which outcomes are expected for offenders who voluntarily enter into an alternative, restorative process outside the courtroom?
accepting accountability, making amends, and even reducing the public expense of a protracted legal proceeding.
in restorative justice, inclusion means
active and direct participation
amends includes
apology, changed behavior, restitution, generosity.
at what point does david arguably have a defense council?
at his rj city trial
vns suggests several essentials that would be present in any system that integrates restorative principles. these include:
consent, safety, and fundamental rights
according to the text, in order to transform perspectives, we need to apply
creativity
in rj city case study of a crime and its aftermath, what aspect bothered your instructor the most?
didn't know what point ed and david got a lawyer
at what point does ed arguably have a defense council?
his adversarial trial
according to vns, the strength of restorative justice begin with its more holistic view of crime. this includes recognizing the resulting harm and not just the lawbreaking, as well as:
it measures success by the amount of damage that's been repaired, offers considerably more flexibility in how particular cases are handled, and need for community response to crime not just government.
effective victim- offender encounters include
meeting, narrative, emotion, understanding, and agreement
according to the text, communities rightly understand that justice problems should be solved by professionals in the justice system. correct statement?
no
in rj city justice system, once an accused has decided to choose option two, an adversarial trial, he will not have an opportunity during the trial to choose option one. correct statement?
no
as laid out in the text, reintegration for victims focuses first on crisis intervention and help with the trauma resulting from the crime and then
on ongoing support as life is resumed in the new normal patterns while coping with the resurgence of crisis symptoms from time to time.
according to the text, although victims should only engage in encounter programs voluntarily, it's okay to use coercive incentives to get offenders to participate. correct statement?
yes
according to the text, giving victims a formal role in the criminal justice system would mean both an explicit recognition that crime is an offense against the victim and a distinction between the legal interests of the victim and the government. correct statement?
yes
according to the text, if restitution is not feasible because of an offenders circumstances, restitution should still be a sentencing priority, along with a commitment to find ways to make it more feasible. correct statement?
yes
consistent with the common understanding of punishment, restorative justice insists on accountability even when that is painful for the offender. is this a correct statement?
yes
in assessing the "restorativeness" of programs and policies, an important factor is whether the guide the parties toward restoration and away from further harm. correct statement?
yes
many crime victim advocates are cautious about restorative justice, fearing that victims interests will be subordinated by an overriding (even if not explicit) concern for offender rehabilitation. correct statement?
yes
might typical family group conferencing have a dozen or more people in attendance, including the arresting police officer and other criminal justice representatives?
yes
one of the reasons crime victims give for becoming involved in restorative processes is to help "turn the offender around" in order to keep others from becoming victims. correct statement?
yes
one prerequisite of a restorative system is that consent, not coercion, is required for participation in its programs and practices. in other words, it offers but doesn't compel participation and the social controls it exerts interfere as little as possible with the restoration of the parties. correct statement?
yes
reintegration is when victims and offenders are given the means and opportunity to rejoin their communities as whole, contributing members rather than continuing to bear the stigma of the harm and offense. is this a correct statement?
yes
restorative justice can produce ongoing transformation but the transformation must being with ourselves, for we too have recompense to pay, reconciliation to seek, forgiveness to ask. and healing to receive. correct statement?
yes
restorative justice theory seeks to address and balance the rights, needs, and responsibilities of victims, offenders, communities, and the government. is this a correct statement?
yes
restorative practices are being applied in a variety of settings, not only those that fall within the domain of criminal or juvenile justice. is this a correct statement?
yes
the major problem your instructor has with packers two models of criminal justice is that packer fails to acknowledge that a proper crime control model, includes due process. correct statement?
yes
the needs of victims and offenders are different but they often share at least one common problem: each is stigmatized and treated as an outcast. correct statement?
yes
the stigma of victimization may have long- term and unexpected negative results in a victims life. correct statement?
yes
three generally accepted ways for victims to be included in the criminal justice system are: getting information about their case, permission to be present at proceedings, and filing a victim impact statement. correct statement?
yes
