Restorative Justice Principles
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Questions and Answers

What is the primary goal of the justice process in restorative justice?

  • To facilitate exchange of information and mutual consent between victim and offender (correct)
  • To reduce recidivism rates
  • To punish the offender
  • To ensure victim satisfaction

    • Who has the principal role in defining and directing the terms and conditions of the exchange in restorative justice?

  • The judge
  • The offender
  • The victim (correct)
  • The community

    • What is the approach to offenders in the justice process according to restorative justice principles?

  • Healing and integration into the community (correct)
  • Rehabilitation and treatment
  • Punishment and isolation
  • Surveillance and monitoring

    • What is the primary focus of the justice process in restorative justice?

    <p>Personal change and healing</p> Signup and view all the answers

    How does the justice process contribute to the community according to restorative justice principles?

    <p>By building and strengthening community resources</p> Signup and view all the answers

    What is the approach to unintended consequences of justice responses in restorative justice?

    <p>They are resisted and minimized</p> Signup and view all the answers

    What is the primary consideration in restorative justice when it comes to outcomes?

    <p>Fairness and provision of necessary support</p> Signup and view all the answers

    When are outcomes that are predominantly deterrent or incapacitative implemented in restorative justice?

    <p>As a last resort</p> Signup and view all the answers

    What is the primary focus of restorative justice in terms of offender accountability?

    <p>Making amends to victims and the community</p> Signup and view all the answers

    Who are the primary parties involved in the restorative justice process?

    <p>Victims, offenders, and community members</p> Signup and view all the answers

    What is the main principle of engagement in restorative justice?

    <p>Giving stakeholders information about each other and involving them in decision-making</p> Signup and view all the answers

    What are the three pillars of restorative justice?

    <p>Harms and needs, obligations, and engagement</p> Signup and view all the answers

    What is the primary difference between restorative justice and the traditional legal system?

    <p>The legal system is adversarial, while restorative justice is collaborative</p> Signup and view all the answers

    What is the role of the judge in the traditional legal system?

    <p>To referee the adversarial process between lawyers</p> Signup and view all the answers

    What is the primary goal of restorative justice?

    <p>To address victims' harms and needs, and involve stakeholders in the justice process</p> Signup and view all the answers

    What is the key element of restorative justice that is missing from the traditional legal system?

    <p>Stakeholder engagement and participation</p> Signup and view all the answers

    What is a key principle regarding the participation of victims and offenders in restorative processes?

    <p>Their consent is required and must not be coerced.</p> Signup and view all the answers

    What happens if an offender fails to implement an agreement made in a restorative justice process?

    <p>The failure is not used against the offender in subsequent criminal proceedings.</p> Signup and view all the answers

    Can agreements made in restorative justice processes be used as evidence of guilt in subsequent legal proceedings?

    <p>No, they cannot be used as evidence of guilt.</p> Signup and view all the answers

    What is the purpose of judicial supervision in restorative justice programmes?

    <p>To give the outcome the same status as a judicial decision.</p> Signup and view all the answers

    What is a key principle regarding the confidentiality of restorative justice proceedings?

    <p>Discussions are confidential, except with the agreement of the parties or as required by national law.</p> Signup and view all the answers

    What happens if a party fails to reach an agreement in a restorative justice process?

    <p>The failure is not used against the offender in subsequent criminal proceedings.</p> Signup and view all the answers

    What is a principle regarding agreements made in restorative justice processes?

    <p>Agreements must be fair and reasonable.</p> Signup and view all the answers

    What is the purpose of requiring children's consent in restorative justice processes?

    <p>To ensure they understand the process and its implications.</p> Signup and view all the answers

    What is the primary reason behind the resurgence of interest in alternative responses to crime and social disorder?

    <p>Dissatisfaction and frustration with the formal justice system</p> Signup and view all the answers

    What is a key characteristic of restorative justice programmes?

    <p>Participation of individuals directly involved and affected by the conflict</p> Signup and view all the answers

    What is the purpose of an ethical commission in restorative justice?

    <p>All of the above</p> Signup and view all the answers

    What is a challenge faced by participatory justice?

    <p>Mobilizing the involvement of civil society and protecting the rights of victims and offenders</p> Signup and view all the answers

    What is a goal of restorative justice programmes?

    <p>To promote tolerance and inclusiveness in the community</p> Signup and view all the answers

    What is required for the successful implementation of restorative justice programmes?

    <p>Collaboration between governments, communities, and nongovernmental organizations</p> Signup and view all the answers

    What is a crucial step in the effective implementation and sustainability of restorative justice initiatives?

    <p>Securing a buy-in by the criminal justice system</p> Signup and view all the answers

    What is a context in which restorative justice programmes are applied?

    <p>In schools and workplaces</p> Signup and view all the answers

    What should be considered when designing a restorative justice programme?

    <p>Existing strengths of the community and the justice system</p> Signup and view all the answers

    What is a potential outcome of restorative justice programmes in developing countries?

    <p>Strengthening the capacity of the existing justice system</p> Signup and view all the answers

    What is a key principle of restorative justice programmes?

    <p>Return to local decision-making and community building</p> Signup and view all the answers

    What is an important aspect of the implementation process of restorative justice initiatives?

    <p>Careful planning and monitoring</p> Signup and view all the answers

    What is a characteristic of the participation of individuals in restorative justice programmes?

    <p>Voluntary participation in a process of dialogue and negotiation</p> Signup and view all the answers

    Why may adopting policies and clear guidelines be sufficient in some cases?

    <p>To guide new programmes and establish the necessary normative framework</p> Signup and view all the answers

    Who should be involved in the implementation of restorative justice programmes?

    <p>Governments, communities, nongovernmental organizations, victims, and offenders</p> Signup and view all the answers

    What may be adapted to incorporate elements of restorative justice?

    <p>Existing justice structures and processes</p> Signup and view all the answers

    Study Notes

    Restorative Justice

    • Emphasizes offender accountability and responsibility, but defines accountability as making amends rather than just punishment
    • Promotes engagement and participation of victims, offenders, and community members in the justice process

    Key Elements of Restorative Justice

    • Harms and related needs (of victims, communities, and offenders)
    • Obligations resulting from harm (of offenders and communities)
    • Engagement of stakeholders (victims, offenders, and community members)

    Importance of "Who" and "How"

    • Who is involved in the justice process and how they are involved is crucial
    • Restorative justice maximizes opportunities for exchange of information, participation, dialogue, and mutual consent between victims and offenders

    Principles of Restorative Justice

    • Face-to-face encounters are appropriate for some instances, while alternative forms of exchange are more appropriate in others
    • Victims have the principal role in defining and directing the terms and conditions of the exchange
    • Mutual agreement takes precedence over imposed outcomes
    • Opportunities are provided for remorse, forgiveness, and reconciliation

    Focus on Offenders

    • Offenders' needs and competencies are addressed
    • Healing and integration of offenders into the community are emphasized
    • Offenders are supported and treated respectfully in the justice process
    • Removal from the community and severe restriction of offenders is limited to the minimum necessary

    Community Involvement

    • Community members are actively involved in doing justice
    • The justice process draws from community resources and contributes to the building and strengthening of community
    • The justice process attempts to promote changes in the community to prevent similar harms and foster early intervention

    Monitoring and Evaluation

    • Justice monitors and encourages follow-through to maximize healing, recovery, accountability, and change
    • Fairness is assured through provision of necessary support and opportunities to all parties, avoiding discrimination
    • Unintended consequences such as co-optation of restorative processes for coercive or punitive ends are resisted

    Definition of Restorative Justice

    • Restorative justice provides an alternative response to crime and social disorder, involving parties directly affected by the conflict
    • It promotes participation, local decision-making, peaceful expression of conflict, tolerance, and inclusiveness
    • It builds respect for diversity and promotes responsible community practices

    Challenges and Limitations

    • Mobilizing civil society involvement while protecting the rights and interests of victims and offenders is a challenge
    • The right not to participate must be respected, and neither victims nor offenders should be coerced or induced to participate
    • Participation is not evidence of guilt, and agreements should be voluntary and reasonable

    Implementation of Restorative Justice Programmes

    • Successful implementation requires strategic and innovative initiatives, collaboration, and careful planning and monitoring
    • Crucial steps include legislation, leadership and organization, securing a buy-in by the criminal justice system, and identifying and mobilizing community assets

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    Related Documents

    Restorative Justice: Summary & UNODC Manual PDF

    Description

    Learn about the principles of restorative justice, including offender accountability, engagement of victims and community members, and the importance of information sharing.

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