Restorative Justice Notes

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Questions and Answers

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 (correct)

Optional exercises and research papers

Reading books and submitting a thesis

Restorative Dialogues with inmates in Opera prison

What is the main objective of Restorative Justice, according to Gerald Haddad's concept?

To create divisions and conflict between groups

To challenge the other and assert one's own rights

To punish the offender and protect society

To live well with others, including the 'brotherhood' relationships (correct)

What is the significance of the Israel vs. Palestine example in the context of Restorative Justice?

It demonstrates the success of Restorative Justice in resolving conflicts

It illustrates the role of apartheid in promoting peace and reconciliation

It highlights the division and conflict created by competing claims to the same land (correct)

It shows the importance of claiming land as one's own in conflict resolution

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is the primary focus of retributive justice?

To punish offenders in proportion to their crimes Signup and view all the answers

What is the significance of the Code of Hammurabi in the context of retributive justice?

It established the principle of proportionate punishment Signup and view all the answers

What is the principle that describes the adversarial process where one party accuses and the other defends?

Adversarial principle Signup and view all the answers

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 Signup and view all the answers

In the adversarial method, who has the power to decide on the parties to the dispute?

The judge or arbitrator Signup and view all the answers

What is the significance of the International Criminal Court in the context of retributive justice?

It provides a framework for punishing international crimes Signup and view all the answers

What is the principle that describes the exchange of concessions in transactional negotiation methods?

Commutative justice Signup and view all the answers

What is the characteristic of the third party in responsive restorative methods?

They have no power except to facilitate the meeting Signup and view all the answers

What is the primary weakness of retributive justice, according to the text?

It lacks a method of measurement to commensurate the evil inflicted Signup and view all the answers

What is the primary goal of transactional negotiation methods?

To reach a mutually beneficial agreement Signup and view all the answers

What is the significance of the Criminological Museum in Rome, according to the text?

It documents the progressive recognition of cruelty in doing justice Signup and view all the answers

What is the characteristic of responsive restorative methods?

They are an equal model where parties and third parties collaborate Signup and view all the answers

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 Signup and view all the answers

What is the consequence of not reaching an agreement in transactional negotiation methods?

The escalation of the conflict Signup and view all the answers

What is the philosophy behind the adversarial method, as described by Immanuel Kant?

Determinative judgement Signup and view all the answers

What is the primary focus of the coercive logic in court?

Protection of the offender Signup and view all the answers

Which of the following is a key objective of the Directive?

To provide information, assistance, and protection regardless of criminal investigation Signup and view all the answers

What is the primary challenge in implementing the 'information' aspect of the Directive?

It is not a challenge to implement Signup and view all the answers

When must assistance services be guaranteed for victims?

From the first moment the victim is known and for some time afterwards Signup and view all the answers

What is the primary goal of the 'protection' aspect of the Directive?

To limit the fundamental rights of others Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is the current status of the 'participation in the criminal process' aspect of the Directive?

It is left to the discretion of states Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is one of the ways in which victims can participate in the legal process?

By presenting testimonies Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is recommended by the Council of Europe Declaration in terms of restorative justice?

The use of informal systems in dispute resolution Signup and view all the answers

What is one example of an informal system in dispute resolution mentioned in the Council of Europe Declaration?

Mediation Signup and view all the answers

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).

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Description

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.