40 Questions
What is the primary focus of the first semester oral exam in the Restorative Justice course?
Lectures, online handouts, and one reading of choice from the materials in BB
What is the main objective of Restorative Justice, according to Gerald Haddad's concept?
To live well with others, including the 'brotherhood' relationships
What is the significance of the Israel vs. Palestine example in the context of Restorative Justice?
It highlights the division and conflict created by competing claims to the same land
What is the role of men and women who create peace in conflict situations, according to the concept of Restorative Justice?
They are viewed as traitors by both parties in the conflict
What is the significance of the phrase 'shake the hand of the person who killed your son' in the context of Restorative Justice?
It symbolizes the act of forgiveness and reconciliation
What is the main difference between the Restorative Justice approach and traditional justice systems?
Restorative Justice emphasizes the importance of encounters with the 'other', while traditional justice focuses on individual responsibility
What is the role of 'bridges' in the context of Restorative Justice?
They represent the men and women who create peace, despite violence and hatred
What is the significance of the South Africa example in the context of Restorative Justice?
It highlights the challenges of conflict resolution in a multicultural society
What is the main significance of Alexander Langer's Decalogue for Inter-ethnic Coexistence?
It highlights the role of mediators in creating communication with the other
What is the primary focus of retributive justice?
To punish offenders in proportion to their crimes
What is the significance of the Code of Hammurabi in the context of retributive justice?
It established the principle of proportionate punishment
What is the principle that describes the adversarial process where one party accuses and the other defends?
Adversarial principle
According to Hanna Arendt, what is the limitation of punishment in the context of retributive justice?
Certain crimes cannot be forgiven, but neither can they be punished because they are out of scale
In the adversarial method, who has the power to decide on the parties to the dispute?
The judge or arbitrator
What is the significance of the International Criminal Court in the context of retributive justice?
It provides a framework for punishing international crimes
What is the principle that describes the exchange of concessions in transactional negotiation methods?
Commutative justice
What is the characteristic of the third party in responsive restorative methods?
They have no power except to facilitate the meeting
What is the primary weakness of retributive justice, according to the text?
It lacks a method of measurement to commensurate the evil inflicted
What is the primary goal of transactional negotiation methods?
To reach a mutually beneficial agreement
What is the significance of the Criminological Museum in Rome, according to the text?
It documents the progressive recognition of cruelty in doing justice
What is the characteristic of responsive restorative methods?
They are an equal model where parties and third parties collaborate
What is the significance of the US ban on certain practices related to the death penalty, according to the text?
It reflects a growing awareness of human rights
What is the consequence of not reaching an agreement in transactional negotiation methods?
The escalation of the conflict
What is the philosophy behind the adversarial method, as described by Immanuel Kant?
Determinative judgement
What is the primary focus of the coercive logic in court?
Protection of the offender
Which of the following is a key objective of the Directive?
To provide information, assistance, and protection regardless of criminal investigation
What is the primary challenge in implementing the 'information' aspect of the Directive?
It is not a challenge to implement
When must assistance services be guaranteed for victims?
From the first moment the victim is known and for some time afterwards
What is the primary goal of the 'protection' aspect of the Directive?
To limit the fundamental rights of others
What is a key characteristic of the 'participation in the criminal process' aspect of the Directive?
The victim has no right to punishment, conviction, or interlocution
What is the primary purpose of the statute established by the Kampala Conference regarding victims and witnesses?
To regulate the functioning of the Court concerning victims and witnesses
Who are the victims addressed by the Directive, in addition to those dependent on criminal proceedings?
Those who are victims of crime due to unknown persons and/or deaths
What is the current status of the 'participation in the criminal process' aspect of the Directive?
It is left to the discretion of states
According to Article 85, what is a key characteristic of natural persons who are considered victims?
They have suffered harm as a result of a crime within the jurisdiction of the court
Which type of organisation or institution can be considered a victim under the statute?
An organisation that has suffered an offence to its property intended for religious, social, or artistic activities
What is one of the ways in which victims can participate in the legal process?
By presenting testimonies
What is the primary purpose of the fund established by the Court for victims?
To serve as a means of reparation for victims in case of conviction of the accused
What is restorative justice, as described in the Council of Europe Declaration?
A victim-friendly instrument that focuses on meeting the needs of the victim
What is recommended by the Council of Europe Declaration in terms of restorative justice?
The use of informal systems in dispute resolution
What is one example of an informal system in dispute resolution mentioned in the Council of Europe Declaration?
Mediation
Study Notes
Introduction to Restorative Justice
- Restorative justice is an experience, a different way of doing justice, through the encounter with the other who creates conflict.
- It involves creating "bridges" between people who have been divided by conflict, violence, and hatred.
- Mediators, bridge-builders, and point and border jumpers are essential in creating communication with the other.
Models of Justice
- Retributive (or absolute) justice: the evil of a crime is repaid with the same 'blow', responding to evil with evil.
- Retributive justice is cross-cultural and aims to punish the offender, but it can lead to cruelty and revenge.
- The recognition of cruelty in doing justice is a progressive and slow recognition that depends on social sensitivity, culture, and juridical elaboration.
Types of Justice Systems
- Retributive justice: focuses on punishment and retribution, with an adversarial principle, where the judge has the power to decide.
- Transactional negotiation methods: involves agreements reached through exchange and negotiation, where the parties involved have the power to resolve the dispute.
- Responsive restorative methods: a participatory, dialogic, and constructive approach, where mediators facilitate the meeting and recognition of the parties involved.
Victims' Rights
- The Directive on victims' rights aims to ensure information, assistance, and protection, regardless of criminal investigation or prosecution.
- The Directive offers victims the opportunity to participate in criminal proceedings.
- Victims have the right to participate, intervene, have legal representation, and seek reparation in case of conviction of the accused.
Restorative Justice in International Standards
- Restorative justice is considered a victim-friendly instrument, recommended by international standards, such as the Council of Europe Declaration (1985).
Study notes on Restorative Justice, covering its general and in-depth aspects, including a case study on Colombia. Prepared for the first semester oral exam at the Catholic University of the Sacred Heart in Milan.
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