Textbook Notes (363,452)
Canada (158,372)
Sociology (239)
SOC 201 (11)
Chapter 13

Chapter 13: Restorative Justice Practices

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University of Waterloo
SOC 201
Barry Mc Clinchey

CHAPTER 13: Restorative Justice Practices TYPES OF CRIMINAL JUSTICE SYSTEMS - Common-law system: creates law through court decisions rather than legislative or executive action o Precedent: legal decision which establishes legal principles or rules o Adversarial justice system: puts the victim and victimizer against one another - Civil-law system: law are written for the people and are codification of a system of values, beliefs, and etc o Case law system: law is decided by judges using case examples to address legal disputes o Inquisitorial system: laws are comprised of abstractly written codes and the court serves not as an impartial body, but as one that actively engages in deciding the best application of the codes COMPARING RESTORATIVE AND RETRIBUTIVE SYSTEMS - Retributive justice system: systematically punishing citizens who have been found to violate the law and created an imbalance in social order; “an eye for an eye” against the criminal - Restorative justice system: response to the wrongdoing that promotes mediation and healing the wounds of those affected by the conflict and crime; victims, offenders, communities o Typically an alternative in non-violent crimes/crimes involving juvenile offenders - Transformative justice: when RJ is applied beyond the domain of the CJS o i.e. bankruptcy law, corporate law, environment law, and family law o Law is applied to explore available options within the various justice systems and alter parties’ perceptions of each other to achieve greater understanding of the dispute o Casting the offender as a victim – i.e. drug addicting buying heroine ACCEPTANCE OF RESTORATIVE JUSTICE IN CANADA - Largest challenge: how will offenders and victims be integrated into the existing system - Sentencing principles that provide reparations for harm done to victims and promoting sense of responsibility in offender - Recognizing special circumstances where opportunities can be given to better benefit in the victimizer’s rehabilitation - Time served in the community was both rehabilitative and restorative for reintegration into the community - Endorsing the use of RJ in youth crime and offer a statutory framework for its development MODELS OF PRACTICE - Groups reaching a recommendation decision regarding the appropriate rehabilitation efforts - Family Group Conference (FGC) o Unique process that involves a shift form a decision-making process that is “expert based” to one that is family based o Process that empowers families to take control of their future o Collaborative model that emphasized the strengths within a family o Promote understanding of all perspectives held within the family unit - Victim-Offender Mediation (VOM) o Two parties attempt to resolve a dispute with assistance of a trained mediator o Voluntary and informal process that
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