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Introduction to Restorative Justice

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What is restorative justice according to the provided content?

A way to resolve conflicts in a non-violent participatory and deliberative way.

Retribution is the most ancient and dominant model of justice according to the text.

True

According to retributive justice theory, the response to evil is ______ in return.

evil

What is the aim of general prevention as mentioned in the text?

To prevent wrongdoing among the general population

Special prevention is more important than general prevention for ensuring safety in a state.

False

What are the core characteristics of Restorative Justice?

Voluntariness, Participation, Active involvement, Togetherness, Dialogue, Encounter, Deliberative processes

Restorative Justice aims at peace, love reconciliation, and forgiveness.

False

What is the primary focus of Restorative Justice compared to other forms of justice?

Dialogue and encounter

According to Nils Christie, conflicts are seen as important elements in society, and victims have the right to participate in conflicts alongside ____________.

offenders

Match the following concepts with their description:

Responsive Regulation = Flexible dynamic regulatory system adjusting to behavior Restorative Justice = Voluntary encounter and dialogue for re-integration Coercive measures = Enforcement methods at the top of the regulatory pyramid Delinquency = Individuals making cost-benefit analysis regarding offending

What is the primary principle behind the idea of the pyramid mentioned in the text?

To start at the base and escalate punitive approaches only when necessary.

Which of the following is a focus of Restorative Justice (RJ) mentioned in the text?

Building voluntary commitment to meet obligations

Punitive justice systems are offender-centered according to the text.

True

Restorative justice systems aim to promote voluntary __________ and compliance.

compliance

Match the following features of responsive and restorative justice with their characteristics:

Rule of conduct = Demand voluntary compliance Persuasion = Aim at convincing and motivating compliance Compliance = Voluntary adherence to rules Desistance = Decision not to offend

What are the three ways of conflict resolution models or methods mentioned?

Restorative Justice

In judicial adversarial litigation, the decision-making process involves seeking collaboration from conflicting parties.

False

What is the domain of negotiations?

Compromise, reciprocal concession, and reaching agreements to settle disputes.

In negotiated settlements, who owns the resolution process?

The parties involved

Negotiations can only be carried out with the help of a third party.

False

What is the key difference between mediation and restorative justice?

The key difference between mediation and restorative justice is that restorative justice includes the word justice and focuses on restoration, healing, and considering the future of those involved.

What is the main goal of restorative justice?

To restore and heal

The key concepts of restorative justice include freedom of consent, participation, and ______.

encounter

The text mentions that the participation of prisoners in restorative justice programmes should be involuntary.

False

What does RJ stand for in the context of restorative justice?

Restorative Justice

Which key concepts are emphasized in the definition of restorative outcome?

All of the above

The UN Basic Principles on the Use of RJ Programmes in Criminal Matters was established in 2010.

False

According to the Council of Europe 2018 Recommendation, RJ often takes the form of a __________ between the victim and the offender.

dialogue

Why is Restorative Justice (RJ) considered more preferable than negotiated settlements in a responsive regulatory system?

RJ involves commitments and engagement for win-win actions

What is the primary method that complements responsive regulations according to the text?

Restorative Justice (RJ)

Match the conflict resolution method with its position in the responsive regulation pyramid:

Restorative Justice (RJ) = At the basis of the pyramid Negotiations = In the second position Adjudication, judicial adversarial methods = Covering the last smaller part of the pyramid

Peace can only be achieved through litigation and adversarial methods.

False

What are some factors to consider when determining which conflict resolution method promotes collaboration between conflicting parties?

Complexity, outcomes, addressing needs, authenticity, transparency, fostering skills

What is the significance of the dialogue in Restorative Justice, as highlighted by the Council of Europe?

The process, the encounter, and the dialogue are what matters, not the outcome.

What is the key element in the definition of Restorative Justice according to the EU 2012 Victims Directive?

The victim and the offender are enabled to participate actively in the resolution of matters arising from the criminal offence through the help of an impartial third party.

What is the importance of the prisoners' consent in the context of Restorative Justice, as mentioned in the Council of Europe Recommendation Rec (2006) 2?

The prisoners' consent is stressed, and their participation is voluntary and does not amount to an indirect form of further punishment.

What is the significance of the 1999 Recommendation No. (99) 19 concerning mediation in penal matters?

It is the first international soft law instrument on Restorative Justice.

What is the primary focus of the commentary to the European Prison Rules, in relation to Restorative Justice?

The increasing recognition of the use of Restorative Justice techniques with sentenced prisoners who wish to make preparations for their offences.

What is the essential element in the process of Restorative Justice, as emphasized by the Council of Europe?

The encounter, the dialogue, and the process.

What is the significance of the EU 2012 Victims Directive in the context of Restorative Justice?

It is a legal binding source that mentions Restorative Justice, although it does not put an obligation on Member States.

What is the key principle underlying the participation of prisoners in Restorative Justice programmes, as mentioned in the Council of Europe Recommendation?

The participation is voluntary and does not amount to an indirect form of further punishment.

What was the initial role of victims in ancient primitive societies, and how did public criminal justice systems impact this role?

Victims played a paramount role in ancient primitive societies where criminal justice was a private justice, revenge in the direct hands of victims. Public criminal justice systems focused on the offender, limiting the victim's power over the accused.

What was the law of retaliation, and what was its significance in the history of criminal justice?

The law of retaliation, dating back to the 17th century before Christ, stated a strict limit to the victim's revenge: only one eye for an eye, no more.

How did the academic community and public opinion view victims in the past, particularly in cases of rape and sexual abuse?

Victims were often blamed and viewed as catalysts of crime, or even accomplices.

What is victimization, and how has it been viewed in recent times?

Victimization can still be a social stigma, but a more sensitive culture of victimhood has emerged, with victims being viewed as vulnerable subjects.

Why do some victims advocate for the use of the term 'survivor' instead of 'victim'?

To stress how, despite victimization, they have not been defeated and do not want to be addressed as vulnerable, weak, helpless individuals.

How has the concept of vulnerability been received by some victims and scholars in the field of violence studies?

It has been rejected by some, who view it as perpetuating a passive and helpless image of victims, and instead advocate for the use of the term 'survivor'.

What has been the impact of public criminal justice systems on the power and agency of victims?

Public criminal justice systems have gradually isolated victims and limited their power over the accused.

How has the rise of victim-offender mediation programs and restorative justice affected the role and perception of victims?

It has led to a more sensitive culture of victimhood, with victims being viewed as vulnerable subjects, but also as active participants in the justice process.

What is the significance of ensuring confidentiality in Restorative Justice processes?

Ensuring confidentiality in Restorative Justice processes promotes freedom of participation, avoids self-defensive mechanisms, and maintains the freedom of discussion among parties involved.

How does the principle of confidentiality in Restorative Justice impact the facilitator's reporting to judicial authorities?

The facilitator should report only the steps taken and outcomes of RJ processes, without revealing the contents of discussions between parties, except in cases of imminent or serious crimes.

What is the primary critique of the 'culture of complaint' in the context of human rights, according to the authors?

It is a dark side of a strongly individualistic view of human rights, resulting in continuous quarreling, complaining, fighting, claiming, and suing others in courts.

What is the concept of 'ideal victim' according to Neil Christie, and how is it defined?

The ideal victim is a person or category of individuals who, when hit by crime, are most readily given the complete and legitimate status of being a victim, and is typically characterized by weakness, respectability, and lack of blame.

How do social and political variables influence the construction of victimhood, according to some scholars?

Social and political variables can shape the definition and recognition of victimhood, reflecting the values and power dynamics of a given society.

What is the relationship between individualistic rights and solidarity in the context of human rights, according to the authors?

Individualistic rights are counterbalanced with solidarity and other duties, resulting in a tension between individual freedoms and collective responsibilities.

What is the significance of Neil Christie's work in the field of criminology, particularly in relation to the concept of victimhood?

Christie's work, such as 'The Ideal Victim', has been influential in shaping our understanding of victimhood and its social construction, highlighting the importance of considering the role of power and social variables in shaping our understanding of victims and victimhood.

What is the underlying critique of the individualistic view of human rights, as presented in the content?

The individualistic view of human rights can lead to a culture of complaint, where individuals focus on their rights and freedoms without considering their duties and responsibilities to others, resulting in conflicts and social unrest.

What motivates Alvin Straight to embark on a journey to visit his brother, and what does this journey symbolize in the context of restorative justice?

The motivation is the news that his brother may die, and the journey symbolizes the personal exodus and the restoration of justice.

How do international organizations such as the UN, the Council of Europe, and the European Union view restorative justice, and what is its significance?

They view it as an instrument to be used especially in criminal matters, and its significance lies in its rapid development worldwide.

What is the focus of Alvin's journey, and how does it relate to the concept of restorative justice?

The focus is on the restoration of relationships and justice, rather than punishment or retribution, which is the core principle of restorative justice.

What does Alvin's use of a tractor to travel to his brother's location symbolize in the context of restorative justice?

It symbolizes the use of unconventional and innovative methods to achieve justice and reconciliation.

How does the story of Alvin Straight relate to the concept of restorative justice, and what values does it promote?

The story promotes values such as reconciliation, forgiveness, and personal responsibility, which are core principles of restorative justice.

What is the significance of the legal instruments dedicated to restorative justice by international organizations, and what do they reveal about its development?

They reveal the rapid development and recognition of restorative justice worldwide, and demonstrate its growing importance in the criminal justice system.

How does Alvin's decision to visit his brother reflect the principles of restorative justice, and what does it reveal about his character?

It reflects the principles of personal responsibility, accountability, and reconciliation, and reveals Alvin's determination and commitment to making amends.

What does the story of Alvin Straight suggest about the role of individuals in promoting justice and reconciliation, and what implications does this have for restorative justice?

It suggests that individuals have a critical role to play in promoting justice and reconciliation, and that restorative justice should focus on empowering individuals to take responsibility and make amends.

What is the primary goal of the judgement in the Judicial or Adversarial Litigation Model?

To affirm who is right and who is wrong, and to determine what is legal or illegal, correct or incorrect.

Why are the parties in judicial proceedings and other similar conflict resolution methods considered adversaries?

Because the judgement is the decision-making process that determines who is right and who is wrong.

What is the role of authority in the Judicial or Adversarial Litigation Model?

To enforce the judgement with authority and if necessary, with coercive interventions.

How does the Judicial or Adversarial Litigation Model conceive of the law?

The law is seen as a means to put an end to the conflict through a judgement.

What is the nature of the outcome resulting from the Judicial or Adversarial Litigation Model?

The outcome is a judgement that determines who is right and who is wrong, and what is legal or illegal.

What is the significance of the decision-making process in the Judicial or Adversarial Litigation Model?

It is a judgement according to the law, which shapes the outcome of the conflict.

How does the Judicial or Adversarial Litigation Model resolve conflicts?

Through a judgement that determines who is right and who is wrong, and what is legal or illegal.

What is the relevance of the law in the Judicial or Adversarial Litigation Model?

The law is relevant as it shapes the decision-making process and determines the outcome of the conflict.

How does the concept of justice relate to responses to injustices, wrongdoing, and evil actions?

The concept of justice is linked to responses to injustices, wrongdoing, and other evil actions, and it always comes after evil, in response to it.

What is the primary distinction between restorative justice and responsive regulation?

Restorative justice is a response to injustices, whereas responsive regulation aims to prevent injustices from occurring in the first place.

What is the significance of the UN definition of restorative justice?

The UN definition emphasizes the importance of participatory, consensual, and voluntary processes in restorative justice.

How does restorative justice differ from traditional models of justice?

Restorative justice is centered on consent, participation, and active engagement of victims, offenders, and community members, whereas traditional models rely on force and coercion.

What is the role of the facilitator in the restorative justice process?

The facilitator helps victims, offenders, and community members to actively participate in the resolution of matters arising from the crime.

How does restorative justice promote voluntary participation and compliance?

Restorative justice promotes voluntary participation and compliance through its focus on consent, participation, and active engagement of stakeholders.

What is the significance of the concept of restorative outcome?

The concept of restorative outcome highlights the importance of achieving a positive outcome for all parties involved in the restorative justice process.

How does restorative justice address the needs of victims in the context of criminal justice?

Restorative justice prioritizes the participation and engagement of victims, allowing them to take an active role in the resolution of the crime.

What is the primary challenge in living together, according to the content?

Coexistence needs to be built, and it is not spontaneous.

What is the significance of mediators and frontiers explorers in Alexander Langer's decalogue?

They are capable of being bridge builders, fostering conditions for peaceful and non-violent coexistence.

What is the rare capability of mediators, according to Alexander Langer?

The capability of self-criticism with regards to their own community.

Why are mediators often accused of being traitors, according to Alexander Langer?

Because they break the compactness of each group in order to become a bridge towards the others.

What is the primary goal of people, groups, and institutions that sit at the border of communities, according to Alexander Langer?

To create conditions for peaceful and non-violent coexistence.

What is the significance of Alexander Langer's decalogue in the context of coexistence?

It provides a framework for building interactive togetherness and peaceful coexistence.

What is the relationship between coexistence and conflict, according to the content?

Coexistence needs to be built, and conflicts are inherent in this process.

What is the role of mediators in resolving conflicts, according to Alexander Langer's decalogue?

They risk consciously between conflicting communities, creating peaceful periods in mankind.

What is the primary requirement for negotiations to be used in conflict resolution, according to the given content?

The issues or rights over which the parties are conflicting must be disposable ones, meaning the parties can dispose of those rights and interests.

What is the main role of rules in negotiations, as stated in the content?

Rules deal with the procedure rather than the content of the solutions.

What is the most significant risk posed by power imbalances between parties in negotiations?

Power imbalances can prevent the reaching of a fair agreement and cause negotiated settlements to fail.

What is the outcome of negotiations when parties have been mutually fair to one another and have managed to optimize their differences?

A win-win solution.

What is the primary focus of the negotiation process, as described in the content?

The will of the parties and their capabilities.

What is the main difference between a win-win and a lose-lose outcome in negotiations?

A win-win outcome occurs when parties are mutually fair, while a lose-lose outcome occurs when power imbalances, lack of will, or incapacity prevent an agreement.

What is the role of unfairness in negotiations, as stated in the content?

Unfairness can occur through procedural wrongs, such as a lack of transparency.

What is the primary goal of the negotiation process, as described in the content?

To reach a mutually acceptable agreement.

What is the significance of voluntary participation in restorative justice processes?

It sends a clear message of involvement and engagement, and is a key strength of the process.

How do rules function in restorative models of justice?

Rules are not commands or orders, but rather requests for behavior respectful of others.

What is the primary focus of restorative justice outcomes?

Meeting people's needs and responsibilities, including the need for injustice to be acknowledged and for reintegration into the community.

In what way do offenders participate in restorative processes?

As individuals responsible for causing harm, who must recognize and make amends for their actions.

What is the role of the law in restorative processes?

The law plays a relevant role, serving as one of the interlocutors of the parties.

How do restorative justice processes differ from negotiated settlements?

Restorative justice processes involve voluntary, active dialogue and encounter between parties, whereas negotiated settlements do not.

What is the significance of the 'enemy' in restorative justice processes?

The 'enemy' refers to the other party, with whom one must engage in voluntary dialogue and confrontation.

What is the core strength of restorative justice processes?

The direct engagement and voluntary participation of all parties involved.

What is the EU's requirement for victims of any crime, regardless of the seriousness of the crime?

Recognition, respectful, sensitive and fair treatment, individualized and tailored assessment of needs, and competent and non-discriminatory services.

What attitudes are required by any person having an institutional role when dealing with victims?

Humility, humanity, compassion, attention, and care, active listening and wisdom.

What is the key element in the definition of Restorative Justice according to the EU 2012 Victims Directive?

The focus on the victim and the offender taking an active role in the process.

What is the significance of the dialogue in Restorative Justice, as highlighted by the Council of Europe?

It is a key element in the process of Restorative Justice, allowing for active participation and taking responsibility.

What is the primary focus of Restorative Justice compared to other forms of justice?

On the victim and the offender, rather than on punishing the offender.

What are the core characteristics of an authority's attitude and style of conduct when dealing with victims?

Talents, non-technical skills, humanity, vulnerability, and compassion.

What is the key principle underlying the participation of prisoners in Restorative Justice programmes, as mentioned in the Council of Europe Recommendation?

The voluntary participation and consent of prisoners.

What is the significance of the EU 2012 Victims Directive in the context of Restorative Justice?

It emphasizes the importance of recognizing victims' rights and providing them with support and protection.

What is the main goal of the EU's 2012 Victims Directive, as it relates to the treatment of victims of crime?

to provide individualized assistance, support, and protection to real victims with real needs

According to the 2012 Victims Directive, what are the three levels of the system for victims of crime?

Information, assistance and support; Protection; and Participation in proceedings

What is the significance of the 'no ideal victim' concept in the context of the EU's 2012 Victims Directive?

It means that there is no one-size-fits-all approach to assisting victims, and each victim has unique needs that must be addressed

How do some aspects of the system for victims of crime promoted by the 2012 Victims Directive pose a challenge to other people's fundamental liberties and rights?

Some aspects of the system may conflict with other people's rights, while others, such as information, assistance and support, do not

What is the significance of the 'right to participation' in the context of the EU's 2012 Victims Directive?

It means that victims have the right to participate in criminal proceedings and have a decision concerning reparation and compensation

How does the EU's 2012 Victims Directive approach the concept of victimization?

It focuses on providing individualized assistance, support, and protection to real victims with real needs

What is the relationship between the 2012 Victims Directive and the concept of restorative justice?

The Directive promotes the principles of restorative justice, such as the right to participation and the right to reparation and compensation

How does the EU's 2012 Victims Directive address the issue of victimization in the context of criminal justice?

It prioritizes the needs and rights of victims, providing them with individualized assistance, support, and protection

What is the primary focus of restorative diplomacy and peacebuilding, and how is it related to the definition of peace?

The primary focus of restorative diplomacy and peacebuilding is to address complexity and draft responsive outcomes, which is closely tied to the definition of peace, which is a key issue in this field.

What is the significance of the enforcement pyramid and the quality of peace in restorative diplomacy and peacebuilding?

The enforcement pyramid represents the different levels of conflict resolution, and the quality of peace refers to the ability of these mechanisms to address complexity and foster peace, with non-coercive and dynamic approaches being more effective.

How does the lecturer's personal experience influence the selection of cases in the restorative justice model?

The lecturer's personal experience, including direct involvement with protagonists and being a mediator, has shaped the selection of cases in the restorative justice model, making it a personal yet non-arbitrary choice.

What is the relationship between the definition of peace and the quality of peace in restorative diplomacy and peacebuilding?

The definition of peace is a key issue in restorative diplomacy and peacebuilding, and it directly affects the quality of peace, which is a measure of how effectively conflict resolution mechanisms address complexity and foster peace.

How do participatory and dynamic modes of conflict resolution differ from authoritative coercive and punitive ones?

Participatory and dynamic modes of conflict resolution are more effective in addressing complexity and fostering quality peace, whereas authoritative coercive and punitive ones are less effective and often lead to more conflict.

What is the main goal of the Women Without Borders organization, and how does it relate to restorative peace building?

The main goal of Women Without Borders is to empower women and mothers to prevent extremism and violence in their communities, which is a form of restorative peace building.

How do MotherSchools and FatherSchools projects contribute to countering violent extremism, and what is their significance in restorative peace building?

MotherSchools and FatherSchools projects aim to sensitize parents to their roles in building community resilience and preventing radicalization, which is a key aspect of restorative peace building.

What is the significance of chapter 6 of Restorative J and Responsive Regulation in the context of restorative justice?

Chapter 6 is a key study material for understanding restorative justice, as it provides a comprehensive overview of the concept and its application in real-life scenarios.

What is the role of the lecturer in the restorative response to terrorism in Italy and the North of Spain?

The lecturer was involved as a mediator in the restorative response to terrorism in Italy and the North of Spain, which has contributed to their personal experience and understanding of restorative justice.

What is the limitation of punitive interventions in addressing violent extremism, and how do restorative approaches offer a more effective solution?

Punitive interventions have been largely ineffective or insufficient in addressing violent extremism, whereas restorative approaches focus on building community resilience and preventing radicalization, offering a more effective solution.

What is the significance of mothers as the first line of defense against extremism in their homes and communities, and how does this relate to restorative peace building?

Mothers play a crucial role in building community resilience and preventing radicalization, making them a key component of restorative peace building.

How does the lecturer's approach to restorative justice reflect the idea that it is a way of life?

The lecturer's approach to restorative justice, which emphasizes personal experience and direct involvement, reflects the idea that it is a way of life, going beyond a purely theoretical concept.

How does the transformation of passive victimhood into agency relate to restorative peace building, and what is its significance in promoting community resilience?

The transformation of passive victimhood into agency is a key aspect of restorative peace building, as it empowers individuals and communities to take an active role in preventing violence and building resilience.

What is the significance of bringing the voices of impactful local leaders to the attention of the world, and how does this relate to restorative peace building?

Bringinging the voices of impactful local leaders to the attention of the world is significant in promoting restorative peace building, as it recognizes the importance of community-led initiatives and empowerment.

How does the Women Without Borders organization's approach to empowering women and mothers relate to the concept of restorative justice?

The Women Without Borders organization's approach to empowering women and mothers is a form of restorative justice, as it focuses on building community resilience, preventing violence, and promoting empowerment and agency.

What is the significance of introducing and normalizing the idea of mothers as the first line of defense against extremism in their homes and communities, and how does this relate to restorative peace building?

Introducing and normalizing the idea of mothers as the first line of defense against extremism is significant in promoting restorative peace building, as it recognizes the importance of community-led prevention and empowerment.

How can memory be used for oppressive and violent political purposes, and what is the consequence of it?

Memory can be used to freeze and block transformation and development, and prevent reconciliation. It can lead to an ever-ending cycle of violence, hatred, and evil, affecting even those who are not born when atrocities took place.

What is the difference between literal memory and exemplary memory, according to Todorov?

Literal memory revisits events from the past in a way that facts can never be overcome, and the present is subjugated to the past. Exemplary memory, on the other hand, draws lessons from past injustices to avoid present and future ones, and helps to build a better future.

What is the significance of narration in memory, and how does it relate to moral witness?

Narration is essential in memory, and it requires respect for each moral witness, whether on the side of victims or perpetrators, to support their accounts and avoid perpetuating violence and hatred.

How can memory be used to promote justice and reconciliation, and what is the role of the past in this process?

Memory can be used to promote justice and reconciliation by drawing lessons from past injustices to avoid present and future ones, and by respecting moral witnesses to support their accounts. The past should serve the present and promote justice, rather than blocking the future.

What is the risk of not forgetting the past, according to Todorov?

According to Todorov, those who do not forget the past also run the risk of repeating it by reversing their role, and becoming an aggressor instead of a victim.

How can the past be used to build a better future, and what is the role of memory in this process?

The past can be used to build a better future by drawing lessons from past injustices to avoid present and future ones, and by respecting moral witnesses to support their accounts. Memory plays a crucial role in this process by serving the present and promoting justice.

What is the significance of respecting moral witnesses in the process of memory, and how does it relate to justice?

Respecting moral witnesses is essential in the process of memory, as it allows for the support of their accounts and the promotion of justice. This respect is crucial in avoiding the perpetuation of violence and hatred, and in building a better future.

What is the relationship between memory and justice, and how can memory be used to promote justice?

Memory can be used to promote justice by drawing lessons from past injustices to avoid present and future ones, and by respecting moral witnesses to support their accounts. The past should serve the present and promote justice, rather than blocking the future.

Study Notes

Restorative Justice: An Introduction

  • Restorative justice is a non-violent, participatory, and deliberative way to resolve conflicts and respond to injustices.
  • It is an innovative form of justice that addresses the root causes of violence and discrimination.

The Origins of Violence

  • The story of Cain and Abel in the Bible and the founding of Rome with Romulus and Remus are examples of stories that put violence and competition at the beginning.
  • Many legends and stories, such as Greek tragedies, feature violence against brothers.
  • The relationship between brothers is not an easy one, as symbolized by the concept of "frérocité" (brotherhood mixed with ferocity).
  • The brother is the first stranger, and can become the first enemy.

Building Bridges

  • Restorative justice deals with ways to build bridges between people, despite their differences and conflicts.
  • It requires mediators and bridge builders who can foster peaceful coexistence.
  • These mediators must be capable of self-criticism and detachment from their own community.
  • They are often accused of being traitors, but they play a crucial role in building bridges between conflicting communities.

Models of Justice

  • Traditional models of justice include retribution, prevention, and punishment.
  • Retribution is the most ancient and dominant model of justice, which responds to evil with evil.
  • Prevention is another model that aims to prevent wrongdoing, but it is often used in conjunction with punishment.
  • Restorative justice introduces a new taxonomy that modifies the traditional classification of justice models.

Retribution

  • Retribution is based on the idea that the response to evil is evil in return.
  • It requires the offender to suffer in return for the harm caused.
  • Retribution is still widely used today, but it is problematic as it increases violence and does not reduce it.

Prevention

  • Prevention is a multifaceted approach that includes general and special prevention.
  • General prevention aims to prevent wrongdoing in the first place by addressing the general population.
  • Special prevention aims to prevent re-offending by addressing those who have already offended.
  • Deterrence and incapacitation are two popular forms of prevention, but they have limitations and are not always effective.

Restorative Justice

  • Restorative justice is a participatory and rule-centred model of justice that requires consent and compliance.

  • It focuses on building bridges between people and fostering peaceful coexistence.

  • It is a more effective and democratic approach to justice than traditional models.### Restorative Justice and Responsive Regulation

  • Restorative Justice (RJ) is a response to injustice that prioritizes consent, participation, and voluntary compliance, differing from traditional punitive justice systems centered on force and coercion.

  • RJ is a democratic way to respond to injustice, following democracy to its extreme extent, even when it is difficult to do so.

  • RJ addresses the real needs of people, providing fair and just responses that are conceived and proposed by those directly involved.

Definition of Restorative Justice

  • RJ is defined as "any process in which the victim and the offender, and where appropriate, any other individuals or community members affected by a crime, participate together actively in the resolution of matters arising from the crime."
  • RJ may include mediation, conciliation, conferencing, and sentencing circles.
  • The process is voluntary, and the outcome is an agreement reached through this process.

Core Features of Restorative Justice

  • Voluntariness
  • Participation
  • Active involvement
  • Togetherness
  • Dialogue
  • Encounter
  • Deliberative processes

Responsive Regulation

  • Responsive Regulation is a flexible, dynamic regulatory system that adjusts to the conduct of those it regulates.
  • The system responds to how effectively citizens or corporations regulate themselves before deciding whether to escalate intervention.
  • Core features of Responsive Regulation:
    • Flexibility
    • Dynamism
    • When to punish, when to persuade
    • Regulation pyramid
    • Compliance and enforcement
    • Escalation
    • Minimum sufficient deterrence
    • Punishment as a last resort

Pyramid of Regulation

  • The pyramid represents a range of interventions, from persuasive measures to punitive approaches.
  • The system starts with dialogue and persuasion, escalating to more punitive measures only when necessary.
  • Punishment is a last resort, used reluctantly and only when other measures have failed.

Comparison with Traditional Justice Systems

  • Traditional systems focus on punishment, deterrence, and enforcement, whereas RJ and Responsive Regulation prioritize dialogue, persuasion, and voluntary compliance.
  • RJ and Responsive Regulation aim to build a more crime-free society, where the legal system is more efficient and fair, and where people are more likely to comply with the law voluntarily.### Punitive Justice vs. Restorative Justice
  • Punitive justice:
    • Focuses on punishment and control
    • Offender-centered, with the system needing the offender to function
    • Victims are often ignored or left unaddressed
    • Unable to look towards the future, stuck in the past
    • Simplifies the concept of justice, downgrading it to punishment
    • Enforces rules through obedience and punishment, rather than respect and voluntary compliance
  • Restorative justice:
    • Focuses on protection and rehabilitation
    • Rules are meant to protect fundamental human needs and rights, rather than control
    • Involves voluntary compliance, participation, and persuasion
    • Looks towards the future, promoting positive change and healing
    • Encourages respect, fairness, and responsibility-taking

Features of Restorative Justice

  • Rule of conduct
  • Deliberative regulation
  • Persuasion
  • Participation
  • Compliance
  • Desistance
  • Positive "active" sanctions
  • Reparation, restitution, and corrective actions
  • Forward-looking engagements

Comparison of Punitive and Restorative Justice

  • Punitive justice asks: what law was broken, who broke it, and what punishment is deserved?
  • Restorative justice asks: what is the harm, what are the needs and obligations of those affected, and how can they create a plan to heal and prevent repetition?

Conflict Resolution Methods

  • Judicial/Adversarial Litigation:
    • Decision-making process based on judgment according to the law
    • Involves a third party (judge or arbitrator) who makes a decision
    • Parties are adversaries, with a focus on proving allegations and winning
    • Relies on the power to judge, decide, and punish
    • Enforcement is key to its effectiveness
  • Negotiated Settlements:
    • Involves compromise and reciprocal concession
    • Parties have autonomy and ownership of the process
    • Can be facilitated by a mediator or carried out independently
    • Focuses on finding a mutually acceptable agreement
  • Restorative Justice:
    • Focuses on healing, rehabilitation, and prevention of repetition
    • Involves victims, offenders, and communities in the process
    • Aims to create a plan to heal and prevent future harm

Alvin Straight's Journey

  • Alvin Straight, the protagonist, receives news about his brother's illness and feels compelled to visit him, despite their years-long separation.
  • Alvin's circumstances are that he is poor and impeded, unable to afford a vehicle or public transportation.
  • He decides to use a tractor, with a maximum speed of 5 miles per hour, to travel to his brother's location in Wisconsin.
  • The UN, Council of Europe, and European Union have dedicated legal instruments to Restorative Justice (RJ) in recent years.
  • RJ is viewed as an instrument to be used especially in criminal matters, focusing on the process and dialogue between parties.

EU 2012 Victims Directive

  • Article 2(1) defines RJ as a process where victims and offenders participate in the resolution of criminal offenses through an impartial third party.
  • The directive is a legal binding source, but does not obligate Member States to implement RJ.

Council of Europe Recommendation

  • Rule 103.7 mentions RJ, but does not define it, and allows prisoners to participate in RJ programs with their consent.
  • The commentary emphasizes the importance of voluntary participation and confidentiality.

1999 Recommendation on Mediation in Penal Matters

  • The recommendation emphasizes the principles of voluntary participation, informed consent, active participation, and confidentiality in RJ.

Principle of Confidentiality

  • RJ should be performed in a confidential manner, with discussions remaining confidential unless all parties agree.
  • The facilitator should report only the outcome of RJ processes to judicial authorities, without revealing the contents of discussions.

Rediscovery of Victims

  • In ancient societies, victims played a paramount role in criminal justice, but were later isolated and limited in their power over the accused.
  • The concept of victimhood emerged in the 1970s, with a focus on victim support and RJ.
  • Some victims prefer to be referred to as "survivors" rather than "victims," to emphasize their strength and resilience.

Victims in Political Science Discourse

  • The status of victims is socially constructed according to social and political variables, which mirror each given society.
  • The concept of "ideal victim" refers to a person or category of individuals who are readily given the complete and legitimate status of being a victim, often due to their perceived weakness or respectability.

Coexistence and Mediation

  • Coexistence is not spontaneous, it requires commitment and building relationships.
  • Alexander Langer, an Italian politician, proposed a decalogue for interactive togetherness, emphasizing the importance of mediators and frontier explorers.
  • Mediators are people who can foster peaceful coexistence by sitting at the border of conflicting communities, capable of self-critique and criticizing their own violence and injustices.

Restorative Justice

  • Restorative justice is an approach centered on consent and participation instead of force and coercion.
  • The concept of justice is linked to responses to injustices, wrongdoing, and evil actions.
  • Regulation aims to avoid injustices, whereas justice responds to them.

UN Definition of Restorative Justice

  • Restorative justice is a process where the victim, offender, and community members affected by a crime participate together in the resolution of matters arising from the crime, with the help of a facilitator.
  • The process is participatory, voluntary, and based on consent.
  • It includes mediation, conciliation, conferencing, and sentencing circles.

Conflict Resolution Models

  • There are three conflict resolution models: judicial/adversarial litigation, negotiated settlements, and restorative justice.
  • Variables in these models include decision-making processes, the presence of a third party, authority, coercion, enforcement, and the role of law.

Judicial/Adversarial Litigation Model

  • The decision-making process is based on a judgment according to the law.
  • The judgment is enforced with authority and coercive interventions.
  • The parties are adversaries, and the judgment affirms who is right or wrong.

Negotiated Settlements

  • Negotiations are used to resolve conflicts, with the parties themselves disposing of rights and interests.
  • The settlement can result in a win-win, win-lose, or lose-lose outcome.
  • Power imbalances between parties may affect the negotiations.

Restorative Justice Process

  • The process relies on the direct engagement of parties, with the law playing a relevant role.
  • The law is an interlocutor, providing indicators of injustices.
  • Rules are requests for behavior respectful of others, and in case of wrongdoing, they provide content for future commitments.
  • Offenders are responsible for causing harms, and the outcome is a voluntary, active dialogue and encounter with the enemy.

The EU "Victims Directive"

  • Advocates for an individualized analysis of a specific victim's vulnerability to protect their real needs.
  • No ideal victim, only real victims with real needs expecting real tailored assistance, support, and protection.
  • Ensures every victim's right to:
    • Information
    • Assistance, support, and protection
    • Participation in criminal proceedings
    • Decision concerning reparation and compensation

Multi-level System for Victims

  • Three levels:
    • Information, assistance, and support
    • Protection
    • Participation in proceedings

Authority's Attitude and Tasks

  • Requires recognition, respectful, sensitive, and fair treatment, and individualized assessment of needs.
  • Competent and non-discriminatory services are necessary.
  • Authorities should intervene with humility, humanity, compassion, attention, care, active listening, and wisdom.

Restorative Justice (RJ) and Victims' Rights

  • RJ and alternative conflict resolution mechanisms are mentioned in international and EU legal frameworks.
  • RJ is not only a theory but a way of life, dealing with people's and communities' lives.
  • The EU "Victims Directive" provides a framework for victims' rights and protection.
  • RJ and alternative conflict resolution mechanisms are part of this framework.

Restorative Diplomacy and Peacemaking

  • Addresses the definition of peace and its quality.
  • Participatory and dynamic modes of conflict resolution ensure a better quality of peace.
  • Non-coercive and dynamic conflict resolution mechanisms foster and maintain a quality of peace.

Women Without Borders

  • Works to empower women, advocate for a future without fear, suppression, and violence against women.
  • Introduces the idea of mothers as the first line of defense against extremism.
  • Supports the transformation of passive victimhood into agency.

MotherSchools Parenting for Peace

  • Aims to respond to the threat of radicalization by sensitizing women to their roles and responsibility in building community resilience.
  • Parents are the first line against extremism in their homes and communities.

Memory and Reconciliation

  • Memory can be manipulated for political or oppressive purposes.
  • Just memory and a good policy of memory are necessary.
  • Ricoeur's concept of just memory emphasizes the importance of serving the present and the cause of justice.
  • Literal memory vs. exemplary memory: the past should serve the present and future, not block them.

Learn about restorative justice, a non-violent approach to resolving conflicts and addressing injustices, and its roots in history and mythology.

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