(4) punishment exam 4 (restorative justice)

what's the role of the victim in the current criminal justice system set up?

not very involved

what is reintegrative shaming?

presents the offender with disapproval of his peers but the understanding that he's allowed back into the group after recognizing the consequences & impact of his actions

what is stigmatizing shaming?

shames offenders & excludes them which may lead to offenders committing more crime in the future

what would the victim's role in the criminal justice system be with restorative justice?

the victim becomes central to the sentencing process

(2) the prison problem

-major obstacle to restorative justice becoming the guiding theory of corrections -restorative justice wants to process nearly all offenders in the community but that's unrealistic -can process youthful, first-time, non-violent, & a few serious or violent offenders but not high-risk offenders

reasons why Cullen & Jonson believe restorative justice is an appealing theory of corrections

-everyone seems to benefit -both conservatives & liberals find something to support in restorative justice -restorative justice is based on accountability/social exchange model not on a social welfare model

how is the current criminal justice system set up?

-have an adversarial system -retribution/just desert seeks to balance the scales of justice by inflicting harm on an offender proportionate to the harm caused

(3) the criminological problem

-restorative justice isn't known to actually reduce crime -needs to have utility (reduce crime) to be taken seriously

(1) the justice problem

-restorative justice kicks into practice once offenders have consented to admit their guilt & to participate in a restorative process -this means that restorative justice is largely silent on what occurs prior to the sanctioning process & whether this part will be just -beware of "nirvana story of restorative justice"

3 broad conclusions regarding restorative justice based on current research

-restorative justice reduces recidivism -effects of restorative justice on recidivism are modest overall -restorative justice doesn't reduce recidivism as well as appropriate rehabilitation programs

what is the main idea of John Braithwaite's (1989) theory?

-set forth the thesis that stigmatizing shaming would increase reoffending, whereas reintegrative shaming would decrease reoffending -shaming a bad act was needed but shaming that stigmatizes & excludes offenders would push them away from prosocial relationships & into criminal subcultures

what 3 problems do Cullen & Johnson identify about restorative justice?

-the justice problem -the prison problem -the criminological problem

how does restorative justice hope to accomplish restoration to the victim, the community, & the offender to their original state?

-the victim becomes central to the sentencing process -the goal is to reintegrate the offender into the community

what is the main idea behind Tom Tyler's procedural justice?

-when dealing with criminal justice authorities, people want to be sure that the process used to make decisions about them (to arrest/convict) is fair -people want to be treated nicely, with politeness & respect for rights -creates within individuals a belief that the process has been legitimate &, in turn, creates an obligation to self-regulate their conduct & to obey the law

what are the 3 principles that summarize the main points of restorative justice?

1. crime causes harm 2. the goal should be to reverse that harm 3. this goal is accomplished by practices that seek to restore victims, the community, & the offender to their original state

what are the 4 limits of restorative justice?

1. restorative justice is based on a limited theory of crime 2. restorative justice doesn't target for change the known predictors of recidivism 3. restorative justice's dose of intervention is too weak to change serious offendes 4. restorative justice ignores the principles of effective correctional intervention

what 2 key components does Tony McCold think the restorative justice process should involve?

1. victims & their offenders in face-to-face meetings 2. victims determine the outcome

what is a victim-offender conference?

a meeting with the victim, offender, relatives of the victim & offender, community members, & mediator

why do restorative justice advocates think the way the criminal justice system is currently set up nuts?

because it only makes matters worse by having two harmed parties (victim & offender) & nobody is made whole or bettered by the experience

what is the purpose of victim-offender conferences?

for the offender to show contrition, to develop a strategy for the offender to restore the victim (ex: restitution), & to develop a strategy for the offender to restore the community (ex: community service)