Restorative Justice and Trauma

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Questions and Answers

What is the core experience shared by both victims and many offenders?

Punishment

Restoration

Healing

Trauma (correct)

What is the primary goal of restorative justice?

Addressing the causes of harm

Punishing offenders

Restoring and reintegrating both victims and offenders (correct)

Focusing on the victims' needs only

What is the main concern of the restorative justice framework?

Crime and punishment

Healing for victims only

Reforming the justice system

Balancing concern for all parties (correct)

What is the second dimension of 'putting right' in restorative justice?

Addressing the causes of harm Signup and view all the answers

What is the underlying idea behind restorative justice?

We are all connected through a web of relationships Signup and view all the answers

What is the primary outcome that restorative justice seeks to promote?

Responsibility, reparation, and healing Signup and view all the answers

What is the fourth principle of restorative justice?

To involve those with a legitimate stake in the situation Signup and view all the answers

What is essential to apply restorative justice principles in a way that is true to their spirit?

Being explicit about the underlying values Signup and view all the answers

What is the primary role of Youth Justice Coordinators in Family Group Conferences?

To facilitate the conference and ensure a plan is developed that addresses causes and reparation. Signup and view all the answers

What is the purpose of a family caucus during a Family Group Conference?

For the offender and their family to discuss the offense and develop a proposal. Signup and view all the answers

What is a key goal of Family Group Conferences in New Zealand?

To be culturally appropriate. Signup and view all the answers

What is the role of the police in Family Group Conferences in New Zealand?

To play the role of prosecutors. Signup and view all the answers

Who is responsible for ensuring that a plan is developed that addresses causes and reparation in Family Group Conferences?

The Youth Justice Coordinator. Signup and view all the answers

What is the term used to describe the Circle approach in Canada?

Peacemaking Circles. Signup and view all the answers

Who may be present at a Family Group Conference in addition to the offender and their family?

Victims, family members, and victim advocates. Signup and view all the answers

What is a key characteristic of Family Group Conferences in New Zealand?

They are more inclusive than Victim-Offender Conferences. Signup and view all the answers

What happens to victim assistance in a restorative system when an offender is not apprehended?

It is seen as partially restorative and starts immediately Signup and view all the answers

Why is it important to allow victims to tell their stories?

So they can share their experience and encourage offenders to understand what they have done Signup and view all the answers

What happens when an offender is willing to take responsibility, but the victim is unavailable or unwilling?

Special programs are developed to address the situation Signup and view all the answers

Do offender treatment or rehabilitation programs qualify as restorative justice practices?

Sometimes Signup and view all the answers

What is a key aspect of restorative justice practices in offender treatment programs?

Organizing treatment around offenders understanding and taking responsibility for harm Signup and view all the answers

What is the role of victim assistance in a restorative system?

To provide immediate support to victims regardless of the offender's actions Signup and view all the answers

Why is it important to give attention to victims' needs in offender treatment programs?

So the offender can understand the harm they have caused Signup and view all the answers

What category does offender treatment fall into in terms of restorative justice?

Potentially or mostly restorative Signup and view all the answers

In what types of contexts can police officers incorporate restorative justice principles into their decision-making?

In situations of minor disorder or conflict, and in specific contexts such as schools Signup and view all the answers

What is the role of justice professionals in circle sentencing?

They are limited to calling the session to order and providing personal views Signup and view all the answers

What is the primary source of personnel for community-based restorative justice programmes?

Trained volunteers from the community Signup and view all the answers

What is the main characteristic of restorative justice programmes operated by public sector organizations?

They utilize professionals Signup and view all the answers

What is a common feature of restorative justice programmes?

They vary considerably in formality and operation Signup and view all the answers

In which type of programmes do prosecutors make recommendations to the court?

Indictable offence programmes Signup and view all the answers

What usually happens to the outcome of the mediation process?

It is brought back to the attention of the prosecution or the judge for consideration. Signup and view all the answers

What is a benefit of using victim-offender mediation during the offender's incarceration?

It can be part of the offender's rehabilitation process. Signup and view all the answers

What is the role of the trained facilitator in victim-offender mediation?

To help the parties prepare for the face-to-face meeting and reach an agreement. Signup and view all the answers

Why does the facilitator meet with the parties separately before a face-to-face meeting?

To ensure the victim is not re-victimized by the encounter with the offender and that the offender acknowledges responsibility. Signup and view all the answers

What is an alternative to direct contact between the victim and the offender in victim-offender mediation?

Indirect mediation processes where the facilitator meets with the parties successively and separately. Signup and view all the answers

What is one of the basic requirements that must be met before victim-offender mediation can be used?

The offender must accept or not deny responsibility for the crime. Signup and view all the answers

What is the purpose of the victim and offender meeting with a friend or supporter in victim-offender mediation?

To provide moral support. Signup and view all the answers

What is the outcome of victim-offender mediation?

The parties reach an agreement that will help them bring closure to the incident. Signup and view all the answers

Which of the following global issues is most directly related to the ethical dilemma of torturing a person for information?

Terrorism Signup and view all the answers

What is the primary focus of Global Ethics as a field of inquiry?

Global inequalities and human rights Signup and view all the answers

Who bears the responsibility for ending poverty in the world's poorest countries?

It is a shared responsibility among all nations Signup and view all the answers

What is the primary concern when considering humanitarian relief in conflict zones?

The potential harm caused by the aid Signup and view all the answers

What is the main distinction between charity and an obligation of justice or morality in the context of humanitarian aid?

Charity is voluntary, while justice is obligatory Signup and view all the answers

Which of the following is a characteristic of Global Ethics?

It addresses pressing ethical questions in the global arena Signup and view all the answers

What is the main implication of globalization in the context of global ethics?

Heightened sense of interdependence among nations Signup and view all the answers

What is the primary connotation of the term 'global' in the context of global ethics?

A sense of commonality and togetherness Signup and view all the answers

What is the relationship between global ethics and complication of issues?

Global ethics is a distinct area of study that recognizes complex issues Signup and view all the answers

What is the primary focus of global ethics as an academic discipline?

The study of complex issues and their implications Signup and view all the answers

What is the relationship between ethics and global ethics?

Ethics is a broader field that encompasses global ethics Signup and view all the answers

What is the implication of recognizing global ethics as a distinct area of study?

A recognition of the complexity of global issues Signup and view all the answers

What is the primary goal of Kant's categorical imperative test?

To determine whether an action is morally right or wrong Signup and view all the answers

What is the main contradiction that arises when universalizing the egoistic maxim 'I will not help others'?

That one would not receive help when needed Signup and view all the answers

According to Kant, what is the duty of beneficence?

To promote the happiness of others in need without expecting anything in return Signup and view all the answers

What is the essence of Kantian beneficence in times of famine?

Teaching individuals to be self-sufficient Signup and view all the answers

What is the key difference between O'Neill's and Singer's views on benevolence?

O'Neill believes benevolence is based on consequences, while Singer believes it is based on moral principles Signup and view all the answers

What is the implication of Kant's categorical imperative test on the egoistic maxim 'I will not help others'?

That it is morally wrong to prioritize one's own interests over the needs of others Signup and view all the answers

What is the primary concern of Kant's moral framework?

The moral principles underlying an action Signup and view all the answers

What is the main difference between Kant's and Singer's views on morality?

Kant emphasizes moral principles, while Singer emphasizes consequences Signup and view all the answers

What is the primary concern of the dimension located at the top in the hierarchy?

Self-fulfillment potential Signup and view all the answers

Which of the following is a disadvantage of the theory that prioritizes maximizing happiness?

It fails to protect individuals in certain circumstances Signup and view all the answers

What is a characteristic of the theory that prioritizes maximizing happiness?

It seeks to maximize overall well-being Signup and view all the answers

What is an implication of the theory that prioritizes maximizing happiness?

The means are irrelevant in decision-making Signup and view all the answers

Which of the following is a principle related to the dimension located at the bottom in the hierarchy?

Satisfying basic human needs Signup and view all the answers

What is a relationship between the two dimensions in the hierarchy?

They are complementary and hierarchical Signup and view all the answers

What is the primary essence of nationalism?

The attitude of members of a nation towards their national identity Signup and view all the answers

What is the opposite of nationalism?

Cosmopolitism Signup and view all the answers

What is the primary principle of self-determination?

The right to freely determine one's political status and pursue economic development Signup and view all the answers

What is the key issue in the debate about national partiality?

Whether national partiality is more like racial or familial partiality Signup and view all the answers

What is the significance of the Kikuyu tribe's practice of FGM in the context of nationalism?

It illustrates the cultural and social implications of a particular national practice Signup and view all the answers

What is the relationship between nationalism and cosmopolitism?

They are opposing ideologies that reflect different values and priorities Signup and view all the answers

What is the primary concern in the debate about nationalism and self-determination?

To what extent should national interests be pursued? Signup and view all the answers

What is the implication of nationalism for global ethics?

It raises questions about the balance between national interests and global concerns Signup and view all the answers

Study Notes

Trauma and Restorative Justice

Trauma is a core experience for both victims and offenders, and violence may be a reenactment of unresolved trauma.
Society's response to trauma often perpetuates more trauma, such as imprisonment, rather than addressing the underlying causes.

Restorative Justice Principles

Focus on the harms and needs of victims, communities, and offenders.
Address the obligations resulting from those harms.
Use inclusive, collaborative processes.
Involve those with a legitimate stake in the situation, including victims, offenders, community members, and society.
Seek to put right the wrongs.

Underlying Values

Recognition of interconnectedness and the impact of disrupted relationships.
Emphasis on explicit values to apply restorative justice principles in a true and spirit.

Family Group Conferences (FGC)

A system of justice and a mode of encounter in New Zealand.
Facilitated by paid social services personnel, called Youth Justice Coordinators.
Goal is to be culturally appropriate and inclusive.
Family caucus is a common element, where the offender and their family retire to discuss and develop a proposal.

Restorative Justice Approaches

Circles à Circle approaches emerged from First Nation communities in Canada.
Peacemaking Circles, a term coined by Judge Barry Stuart.
Victim assistance is an important component of restorative justice, even in cases where offenders are not apprehended or unwilling to take responsibility.

Offender Treatment and Rehabilitation

Can be seen as part of prevention and has some kinship with restorative justice.
Can function restoratively by organizing treatment around offenders understanding and taking responsibility for harm.
Giving attention to victims' needs is also essential.

Police Officers and Restorative Justice

Can informally incorporate restorative justice principles into their decision-making.
Can be involved in restorative processes, such as circle sentencing, with a limited role.

Variation in Restorative Justice Programs

Considerable variation in formality, operation, and level of involvement from various parties.
Programs operated by public sector organizations, court-based programs, police-based programs, and community-based programs.
Trained volunteers from the community often participate in community-based programs.

Victim-Offender Mediation

Takes place before sentencing, and the outcome is usually brought back to the attention of the prosecution or judge.
Can be used successfully during the offender's incarceration as part of rehabilitation.
Victims and offenders meet face-to-face, express their feelings, and develop a new understanding.
Facilitators meet with both parties in advance to ensure a safe and productive encounter.
Indirect mediation processes are also used when direct contact is not possible.

The Egoistic Maxim and the Categorical Imperative Test

The egoistic maxim is "I will not help others."
Universalizing the maxim creates a universal law: "No one ever helps anyone else."
Imagine trying to will this maxim in a world where it is universally followed: "What would the world be like if no one ever helped anyone else?"
The contradiction step involves asking if there is a contradiction when imagining trying to will the maxim in a world where it is universally followed.

The Categorical Imperative Test

Kant's conclusion on the duty of beneficence: "To be beneficent, that is to promote according to one's means the happiness of others in need, without hoping for something in return, is every man's duty."
It is a duty that everyone should follow.
According to Kant, being egoistic is "impossible" from an ideological perspective.

Kantian Beneficence

Maxim of beneficence: "Don't use others as mere means, but develop or promote others' ends and, in particular, foster others' capacities to pursue ends, to be autonomous beings."
This means that instead of just helping others temporarily, we should help them develop their own capacities to achieve their goals.
The Chinese proverb "if you feed a man a fish, you feed him for a day, but if you teach a man to fish, you are feeding him for a lifetime" illustrates this concept.

O'Neill vs Singer

For Singer, benevolence as a duty derives its rightness from the consequences involved with it.
O'Neill's concept of benevolence focuses on promoting others' capacities to pursue their own ends.

Global Ethics and Restorative Justice

Global Ethics is a distinct area of study and academic discipline that recognizes the complicated issues that arise from global interconnection and commonality.
Global Ethics involves issues such as international relations, foreign aid, humanitarian intervention, human rights, war, terrorism, and torture, climate change, extreme poverty, and other global inequalities.

Characteristics of Global Ethics

It aims to satisfy basic human needs.
It recognizes the importance of self-fulfillment and happiness.
It is impartial and considers all human beings as morally important.

Nationalism

Definition: Nationalism is generally used to describe two phenomena: (i) the attitude that members of a nation have when they care about their national identity, and (ii) the action that members of a nation take when seeking to achieve or sustain self-determination.
It is the direct opposite of cosmopolitism.
Nationalism is often associated with self-determination, and the idea that people have the right to freely determine their political status and pursue their economic, social, and cultural development.

Nationalism and Self-Determination

Nationalistic claim: "All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development."
Self-determination is prone to being abused.
The extent to which national interests should be pursued is a subject of debate.
National partiality is often compared to "familial" partiality or racial partiality.

Nationalism and FGM: The Case of Kenya

Jomo Kenyatta's argument: The defense of female genital mutilation (FGM) lies not in the defense of the general surgical operation or its details, but in the understanding of a very important fact in the tribal psychology of the Kikuyu, namely that this operation is still regarded as the essence of an institution that has enormous educational, social, moral, and religious implications.

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Description

This quiz explores the connection between trauma and violence, and how restorative justice aims to address the harms and causes of trauma. It delves into the concept of trauma as a core experience of both victims and offenders.