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Restorative Justice Principles

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What is the main characteristic of RJ's responses?

fair and just

What is RJ's approach to dealing with injustice, compared to retribution?

does not betray democracy

What is the view of democracy in RJ, according to the text?

democracy is not a luxury for good times only

Who is the author of the book 'Democracy inside, participatory Innovation in Unlikely places'?

Albert Dzur

What is the focus of chapter 4 of Albert Dzur's book?

Criminal justice

How has humankind historically approached controlling violence and achieving justice?

through violence and retaliation

What is the significance of RJ's approach to criminal justice, according to the text?

it sounds like an unlikely place

What is the underlying value of RJ's approach to responding to injustice?

democracy

What are the characteristics of the Australian regulatory approach?

Proportional, consistent, transparent, targeted, and timely

What is the idea behind responsiveness in regulation?

Multiple and diverse reactions for diverse and multiple situations

What is the goal of voluntary compliance in regulation?

Supporting a sense of public ownership and responsibility

What are the limitations of traditional institutionalized forms of justice?

They focus on punishment, coercion, and deterrence, and do not encourage active participation from offenders

What is the main difference between traditional justice and a new model of justice?

The latter abandons retribution, deterrence, violence, and coercion, and instead focuses on democracy and public ownership

What is the purpose of mixing compliance and enforcement in regulation?

To foster compliance while making pressure on enforcement

How does the Australian Environmental Protection Authority's approach to regulation reflect the principles of RR?

It combines compliance and enforcement, and prioritizes dialogue and persuasion

What is the potential outcome of a new model of justice that prioritizes democracy and public ownership?

It could lead to increased responsibility-taking and democratic capabilities

What is the primary goal of the regulatory system in fostering ex-post compliance of law breakers?

To provide exit strategies for law breakers to change their behavior and repair damages caused.

What is the term used to describe the idea of providing opportunities for law breakers to change their behavior and repair damages?

Exit strategies

What is the purpose of the pyramid of regulation in the context of responsive regulation?

To illustrate the dynamism and flexibility of the regulatory system in responding to compliant or non-compliant behaviors.

What is the primary approach used by the regulatory system to encourage compliance?

Persuasion and dialogue

What is the term used to describe the concept of using punishment as a last resort?

Minimum sufficient deterrence

What is the result of the regulatory system's approach to encouraging compliance through persuasion and dialogue?

Self-regulation and voluntary compliance

What is the consequence of non-compliance with the regulatory system's approach?

Escalation of the pyramid to more punitive measures

What is the term used to describe the idea that law breakers can 'self-punish' themselves by changing their behavior and repairing damages?

Self-punishment

What is the title of the documentary that presents the real story of Atia Kahn, the core editor?

A better man

What is the core theme of the documentary 'A better man' and 'The Meeting'?

Restorative Justice (RJ)

What was the outcome of Atia Kahn's meeting with her abusive ex-partner in the documentary?

She felt empowered and was able to let go of anger.

What did Atia Kahn realize after meeting her abusive ex-partner?

He had damaged his life as well as hers.

What is the significance of Atia Kahn's meeting with her abusive ex-partner?

It replaced bad memories with a new, positive experience.

What is the tone of the documentary 'A better man' and 'The Meeting'?

Unorthodox and cinematic

What is the impact of Atia Kahn's documentary on the offenders?

It helps them find their way out of abusive behavior.

What is the ultimate goal of Restorative Justice (RJ) as depicted in the documentaries?

Humanity restored in both sides

What is the primary goal of restorative outcomes, according to the UN Basic Principles?

Meeting the individual and collective needs and responsibilities of the parties and achieving the reintegration of the victim and the offender

What is the role of the facilitator in restorative justice processes?

To assist the parties in actively resolving matters arising from the crime, as an impartial third party

What is the key concept emphasized in the Council of Europe's 2018 Recommendation on restorative justice?

Participation, voluntariness, and active engagement of the parties

What is the primary difference between restorative justice and traditional retribution-focused approaches?

Restorative justice focuses on active participation and resolution, whereas retribution focuses on punishment

What types of responses and programs are included in restorative outcomes?

Reparation, restitution, and community service

What is the significance of the facilitator's impartiality in restorative justice processes?

It enables the facilitator to remain neutral and support the parties in reaching a resolution

What is the ultimate goal of restorative justice processes, according to the UN Basic Principles?

The reintegration of the victim and the offender

What is the significance of voluntariness in restorative justice processes, according to the Council of Europe's 2018 Recommendation?

It ensures that parties participate freely and actively in the resolution of matters arising from the crime

Study Notes

Restorative Justice

  • Restorative Justice (RJ) is a democratic way to respond to injustice, dealing with democracy, and not betraying it when facing evil.
  • RJ is built on participation, voluntary basis, and democracy, unlike imprisonment and lethal injections.

RJ vs. Traditional Justice

  • Traditional justice focuses on punishment, retribution, and violence, whereas RJ focuses on democracy, dialogue, and persuasion.
  • RJ is a method to follow in both good and bad times, not just a luxury for good times.

Albert Dzur's Work

  • Albert Dzur is a political scientist who supports RJ and has written a book called "Democracy Inside" about participatory innovation in unlikely places, including criminal justice.
  • Dzur devotes a chapter to criminal justice, discussing how RJ can be used in this context.

Regulation Pyramid

  • The regulation pyramid is a concept in RJ that prioritizes persuasion and dialogue over punishment and coercion.
  • The pyramid is flexible and dynamic, adjusting to different situations and behaviors.
  • The goal is to use the minimum sufficient deterrence and punishment as a last resort.

Responsive Regulation

  • Responsive regulation is a theory that uses a pyramid of interventions to respond to different situations and behaviors.
  • The approach is proportional, consistent, transparent, targeted, and timely, and mixes compliance and enforcement.
  • The system adjusts itself to each situation, using dialogue and persuasion first, and escalating to more punitive measures only when necessary.

New Model of Justice

  • A new model of justice is needed, one that abandons retribution, deterrence, violence, and coercion, and moves towards democracy, public ownership, and responsibility-taking.
  • RJ is a step towards this new model, focusing on active participation, dialogue, and persuasion.

RJ in Practice

  • RJ has been used in real-life cases, such as in the documentary "A Better Man" (2017), where a woman meets her abusive ex-partner and they work towards understanding, responsibility-taking, and healing.
  • RJ has also been used in a docufilm called "The Meeting", where a woman and her offender meet and work towards justice and healing.

Definitions of RJ

  • RJ is defined as a process in which the victim and offender, and other affected parties, participate actively in the resolution of matters arising from the crime, with the help of a facilitator.
  • RJ may include mediation, conciliation, conferencing, and sentencing circles.
  • Restorative outcomes include responses and programs such as reparation, restitution, and community service, aimed at meeting the individual and collective needs and responsibilities of the parties and achieving reintegration.

This quiz assesses understanding of Restorative Justice principles, including fairness, involvement, and voluntary participation. It explores the concept of RJ as a alternative to imprisonment and lethal punishment.

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