Criminology and General Prevention

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Questions and Answers

What is required for a criminal justice system to achieve inner coherence?

Increased punishment and retribution

Stricter laws and regulations

More funding for law enforcement

Respect for offenders by justice institutions (correct)

What is the underlying approach of zero-tolerance policies?

Prevention and protection

Retribution and punishment (correct)

Mediation and bridge-building

Democracy and empowerment

What is the consequence of not changing the sanctions system in criminal justice?

Improved rehabilitation outcomes

Justice will not find inner coherence (correct)

Increased funding for law enforcement

Increased inner coherence in the justice system

What is a major concern with the use of incapacitation in democracies?

It is incompatible with democratic values Signup and view all the answers

What is the role of community involvement in restorative justice programmes?

To facilitate open discussion and explanation of the offence Signup and view all the answers

What is the purpose of restorative justice programmes in crime prevention?

To reduce recidivism and promote rehabilitation Signup and view all the answers

What is a key aspect of restorative justice in terms of community involvement?

Restorative justice involves the community in repairing damaged relationships and promoting community peace. Signup and view all the answers

What is the primary role of victims in restorative justice processes?

Victims are encouraged to participate and have their needs addressed in the process. Signup and view all the answers

What is a key objective of restorative justice in terms of repairing relationships?

Restorative justice focuses on repairing damaged relationships between victims and offenders. Signup and view all the answers

What is a crucial aspect of addressing harm in restorative justice?

Addressing harm focuses on repairing the harm done to victims and the community. Signup and view all the answers

What is a key principle of restorative justice in terms of crime prevention?

Restorative justice focuses on identifying and addressing the reasons for crime. Signup and view all the answers

What is a key outcome of restorative justice in terms of community reintegration?

Restorative justice promotes offender reintegration into the community. Signup and view all the answers

When implementing major organizational changes to the criminal justice system, what is the recommended approach?

To be inspired by the experience of others and proceed openly and strategically Signup and view all the answers

What is the primary benefit of a broad consultation process in the development of successful programmes?

It provides an opportunity for stakeholders to have an input and develop a sense of ownership Signup and view all the answers

What is the likely outcome of not having collaborative arrangements in the development of new programmes?

Difficulty in securing referrals from the police and gaining support from the prosecutor's office Signup and view all the answers

What is the primary goal of involving criminal justice leaders and key stakeholders in the development of new strategies?

To provide them with opportunities to have an input and build upon existing processes Signup and view all the answers

What is the importance of developing a personal sense of ownership among stakeholders in the development of new programmes?

It helps build a strong support base for proposed changes Signup and view all the answers

What is the primary benefit of programmes that are developed on a collaborative basis?

They involve criminal justice agencies, social service agencies, and non-governmental organizations Signup and view all the answers

What is the importance of extensive consultations at the programme design stage?

They help build a strong support base for proposed changes Signup and view all the answers

What is the primary goal of involving community associations in the development of new programmes?

To provide opportunities for community associations to have an input and build upon existing processes Signup and view all the answers

What is the primary goal of victim-offender mediation programmes?

To address the needs of crime victims and ensure offenders take responsibility Signup and view all the answers

At which stages of the criminal justice process can victim-offender mediation programmes operate?

At the pre-charge, post-charge/pre-trial, and post-charge stages Signup and view all the answers

What is a key aspect of victim-offender mediation programmes?

Free participation of victims and offenders Signup and view all the answers

What is a possible outcome of victim-offender mediation programmes?

Restoration of relationships between victims and offenders Signup and view all the answers

Who can refer cases to victim-offender mediation programmes?

The police, prosecutors, courts, and probation offices Signup and view all the answers

What is a key benefit of victim-offender mediation programmes?

They provide victims with an opportunity to express themselves and receive answers Signup and view all the answers

What is a common characteristic of victim-offender mediation programmes?

They are restricted to cases involving less serious offences Signup and view all the answers

What is an objective of victim-offender mediation programmes in terms of offenders?

To make them acknowledge responsibility and understand the effects of the offence Signup and view all the answers

What is a possible outcome of victim-offender mediation programmes for offenders?

Apologies to victims and restoration of relationships Signup and view all the answers

What is a key principle of victim-offender mediation programmes?

Restorative justice principles Signup and view all the answers

Study Notes

General Prevention

General prevention aims to prevent crimes from happening in the first place, hence no victims, no offenses, and no punishment.
It works by deterring people from committing crimes through the threat of punishment, based on psychology and conditioning mechanisms.
Deterrence is based on intimidation, fear, and coercion, with the goal of making people obedient and respectful.

Conditions for Deterrence to Work

The threatened consequence must be a likely one, with a high probability of punishment.
The threat must not be excessive, as severe punishments can lead to counter-deterrence.
Rules should be democratically established, consistent with human rights, and aimed at protecting citizens' rights.

Limitations of Deterrence

Deterrence doesn't work with irrational or impulsive actors, such as in gender violence cases.
It also doesn't work with offenders who act out of strong beliefs or convictions.
Deterrence uses intimidation, which is not compatible with democratic values.

Special Prevention

Special prevention focuses on rehabilitation and the re-entry of offenders into society.
Rehabilitation programs rely on the participation of offenders to foster compliance.
The goal is to create a positive example for the community, showing that people can change.

Incapacitation

Incapacitation involves neutralizing offenders, making them physically unable to reoffend.
This approach doesn't motivate offenders to change their behavior, but rather forces them into a state of imposed non-action.
Neutralization can lead to problems with re-entries, as offenders may not be helped in choosing not to offend again.

Voluntary Compliance

Democracies aim to promote voluntary compliance, where citizens choose to follow rules out of their own free will.
This approach is based on the concept of respect for human rights and the protection of citizens' rights.

Restorative Justice

Identifying factors that lead to crime and informing authorities responsible for crime reduction strategy.
Restorative process encourages frank discussion of the background of the offence in a spirit of explanation rather than making excuses.

Main Types of Restorative Justice Programmes

Victim-offender mediation programmes
Community and family group conferencing
Circle sentencing
Reparative probation
Indigenous and customary justice forums

Restorative Justice Intervention

Can be used at any stage of the criminal justice process
Four main points at which a restorative justice process can be successfully initiated:
- At the police level (pre-charge)
- At the prosecution level (post-charge but usually before a trial)
- At the court level (either at the pre-trial or sentencing stages)
- At the corrections level (as an alternative to incarceration, as part of or in addition to, a non-custodial sentence, during incarceration, or upon release from prison)

Process Goals

Victims who agree to be involved in the process can do so safely and come out of it satisfied
Offenders understand how their action has affected the victim and other people, assume responsibility for the consequences of their action, and commit to making reparation
Flexible measures are agreed upon by the parties which emphasize repairing the harm done and, wherever possible, also address the reasons for the offence
Offenders live up to their commitment to repair the harm done and attempt to address the factors that led to their behavior
The victim and the offender both understand the dynamic that led to the specific incident, gain a sense of closure, and are reintegrated into the community

Principles of Restorative Justice

Restore community order and peace and repair damaged relationships
Denounce criminal behavior as unacceptable and reaffirm community values
Support victims, give them a voice, enable their participation, and address their needs
Encourage all concerned parties to take responsibility, particularly by the offenders
Identify restorative, forward-looking outcomes
Prevent recidivism by encouraging change in individual offenders and facilitating their reintegration into the community

Implementing Restorative Justice Programmes

A strategic approach to implementation is recommended
A broad consultation process is usually the best basis for the development of successful programmes
Programme design and implementation planning should involve:
- Criminal justice agencies
- Social service agencies
- Non-governmental organizations
- Community associations
- The private sector
Collaborative arrangements are crucial to secure referrals from the police, gain the support of the prosecutor’s office, and other required supports.

Concerns about Encounters in Domestic Violence

Profound dangers in encounters where a pattern of violence continues or cases are not carefully monitored
Some argue that encounters are never appropriate, while others believe they can be powerful with appropriate safeguards
Guiding questions of restorative justice can help sort out what needs to be done without getting stuck in the question of what the offender deserves

Signposts of Restorative Justice

Focus on the harms of crime rather than the rules that have been broken
Show equal concern and commitment to victims and offenders, involving both in the process of justice
Work toward the restoration of victims, empowering them and responding to their needs as they see them
Support offenders, encouraging them to understand, accept, and carry out their obligations
Provide opportunities for dialogue between victim and offender as appropriate
Find meaningful ways to involve the community and respond to the community bases of crime
Encourage collaboration and reintegration of both victims and offenders, rather than coercion and isolation
Give attention to the unintended consequences of actions and programs

Circle Process

Participants arrange themselves in a circle and pass a "talking piece" around the circle to assure each person speaks one at a time
A set of values or philosophy is often articulated as part of the process
One or two "circle keepers" serve as facilitators of the circle
Victims, offenders, family members, justice officials, and community members are included in the circle
Community members are essential participants and may address situations in the community that are giving rise to the offense

Restorative Justice Models

Not all restorative approaches involve a direct encounter, and not all needs can be met through an encounter
Victims have needs that involve the offender, and also needs that do not
Offenders have needs and obligations that have nothing to do with the victim
Models differ in their goals, including identifying factors that lead to crime and informing authorities responsible for crime reduction strategy

Use of Restorative Approaches

Restorative justice programmes complement rather than replace the existing criminal justice system
A restorative intervention can be used at any stage of the criminal justice process
There are four main points at which a restorative justice process can be successfully initiated: police level, prosecution level, court level, and corrections
In some countries, restorative interventions are possible in parallel to the prosecution
Restorative processes can also be initiated instead of bringing a particular crime or conflict to the attention of the criminal justice system

Programmes

Victim-offender mediation programmes are designed to address the needs of crime victims while guaranteeing offenders feel responsible for their offending
Programmes can be operated by governmental agencies and not-for-profit organizations and are generally restricted to cases involving less serious offences
Referrals may come from the police, prosecutors, courts, and probation offices
Programmes can operate at the pre-charge, post-charge/pre-trial, and post-charge stages and involve the free participation of the victim and the offender

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Description

Explore the concept of general prevention in criminology and its role in preventing wrongdoing. Learn how it differs from punishment and how it can be improved.