40 Questions
What is the primary objective of restorative justice in the context of traditional societies?
To resurrect and adapt traditional forms of justice
What is the name of the practice that emerged in the 1970s and '80s in the United States and Canada?
Victim Offender Reconciliation Program (VORP)
What is the role of restorative justice in the theory and practice of conflict transformation and peacebuilding?
It offers a concrete way to think about justice
What is the significance of schools in the context of restorative practices?
They are important places for restorative practices
What is the relationship between restorative justice and traditional forms of justice in indigenous communities?
Restorative justice adapts traditional forms of justice
What are two important forms of restorative justice that are adaptations of traditional ways?
Family group conferences and peacemaking circles
Why did Western legal models often condemn and repress traditional forms of justice?
Because they were imposed by colonial powers
What is the core principle of restorative justice in the context of criminal justice?
Show respect to all parties—victims, offenders, justice colleagues
What is a primary focus of circle sentencing?
Addressing the needs and interests of all parties, including the victim
What is a benefit of restorative programmes for juvenile offenders?
They provide alternatives to measures that would deprive a youth of their liberty
What is an example of a restorative programme in schools?
Peer mediation
In which countries has indigenous informal participation in sentencing procedures been occurring?
Australia and Canada
What is a goal of circle sentencing?
To promote awareness and respect for values and the lives of others
What can restorative programmes in schools provide?
An opportunity for the community to provide an educational response to minor offences
What is an advantage of restorative programmes over formal youth justice measures?
They provide educational value and promote diversionary measures
What is a characteristic of circle sentencing?
It recognizes existing healing resources and creates new ones
What is the primary focus of restorative justice programmes?
Healing the harm caused by the crime
What is the role of the facilitator in a restorative justice process?
To facilitate active participation of the parties
What is a key characteristic of a restorative justice process?
It gives equal importance to the process and the outcome
What is the term used to describe the individuals involved in a restorative justice process?
Parties
What is the goal of a restorative justice outcome?
To reintegrate the victim and the offender
What is an example of a restorative justice programme?
Reparation
What is the term used to describe the technique used in a restorative justice process?
Mediation
What is a characteristic of restorative justice programmes across different countries?
Variety of terminologies used
What is the primary goal of identifying factors that lead to crime?
To inform authorities responsible for crime reduction strategy
What is the spirit of the restorative process?
Explanation and understanding
At what stage of the criminal justice process can a restorative justice process be initiated?
At any stage of the criminal justice process
What is the main characteristic of restorative justice programmes?
They complement the existing criminal justice system
What is an alternative to incarceration that restorative interventions can be used for?
As part of or in addition to a non-custodial sentence
In what type of programmes can restorative processes be used to deal with minor behavioral problems?
School-based programmes
What is possible in some countries in parallel to the prosecution?
Restorative interventions
What is the main focus of victim offender mediation programmes?
Restorative justice
What is one of the functions of an ethical commission in the context of restorative justice?
Elaborating ethical principles for restorative justice practitioners
What is a crucial step in the effective implementation of restorative justice initiatives?
Securing a buy-in by the criminal justice system
What is the purpose of carefully designing a restorative justice programme?
To build on the existing strengths of the community and the justice system
What is necessary to guide new programmes and establish the necessary normative framework in some cases?
Policies and clear guidelines
What is a key factor in the successful implementation of restorative justice programmes?
Collaboration between governments, communities, and nongovernmental organizations
What is one of the benefits of adapting existing justice structures to incorporate elements of restorative justice?
Reducing the need for new legislation
What is the role of an ethical commission in providing a complaints procedure?
For victims, offenders, and others involved in the restorative process
What is a key aspect of the implementation process of restorative justice initiatives?
Careful planning and monitoring
Study Notes
Restorative Justice: Concept and Philosophy
- Emerged in the 1970s and 1980s in the United States and Canada
- Initially called the Victim Offender Reconciliation Program (VORP), later modified and renamed to restorative justice
Restorative Justice in Schools
- Important place for restorative practices
- Approaches used in educational settings must be shaped to fit the context
- Similarities to restorative justice programs for criminal cases, but with important differences
Traditional Ways of Justice
- Restorative justice serves as a catalyst to reevaluate, resurrect, and adapt traditional approaches
- In Africa and North American indigenous communities, restorative justice can provide a conceptual framework to affirm and legitimate traditional forms of justice
Forms of Restorative Justice
- Family group conferences
- Peacemaking circles
- Adaptations of traditional ways of justice
Restorative Justice Programs
- Based on the principle that criminal behavior injures victims and the community
- Involves the victim, offender, and affected individuals or community members
- Facilitated by a mediator
- Aims to achieve restorative outcomes, including reparation, restitution, and community services
Restorative Justice Process
- Open and encourages frank discussion of the background of the offence
- Identifies factors that lead to crime and informs authorities responsible for crime reduction strategy
Types of Restorative Justice Programs
- Victim offender mediation programs
- Community and family group conferencing
- Circle sentencing
- Reparative probation
- Indigenous and customary justice forums
Implementation of Restorative Justice Programs
- Complement rather than replace the existing criminal justice system
- Can be used at any stage of the criminal justice process
- Four main points for initiating a restorative justice process: police level, prosecution level, court level, and corrections level
- Requires strategic and innovative initiatives, collaboration, and careful planning and monitoring
Explore the emergence of restorative justice, its evolution, and its applications in schools and educational settings. Learn about the similarities and differences with restorative justice programs for criminal cases.
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