Deck 3: Restorative Justice

Question 1

The PRINCIPLES OF RESTORATIVE JUSTICE include

A) Respect.
B) Responsibility.
C) Healing.
D) Truth.
E) All of the above.

Answer 1

E

Question 2

RESTORATIVE JUSTICE suggests that we should

A) Ignore who caused the harm.
B) Engage people in a process designed to address their needs.
C) Use retribution to make things right for the perpetrator.
D) Ask the victim of the crime to accept responsibility for the crime.
E) All of the above.

Answer 2

B

Question 3

THERAPEUTIC JURISPRUDENCE suggests the purpose of the legal system is to

A) Impose punishment on wrongdoers.
B) Provide psychotherapy to the victims of crime.
C) Teach people about the nature of law so they can act in a more prudent manner.
D) Promote positive physical, psychological, and social outcomes for victims, offenders, and community members.
E) Encourage judges to go soft on criminals because they will only learn how to change their lives if they are not held accountable for their crimes.

Answer 3

D

Question 4

During victim-offender mediation, a mediator refers to the clients by their first names rather than referring to the clients as the victim and the offender. The mediator's use of actual names indicates the mediator is making use of the RESTORATIVE JUSTICE PRINCIPLE of

A) Safety.
B) Accountability.
C) Restoration.
D) Healing.
E) Respect.

Question 5

Forgiveness represents the

A) Letting go of anger, resentment, or other adverse feeling toward the person who caused the harm.
B) Forgetting that the other person ever caused harm or had ill feelings toward the person who was hurt.
C) Giving of an apology to a person who caused the harm.
D) Compromise of winning some and losing some.
E) All of the above.

Question 6

According to the principles of restorative justice, RELATIONSHIPS recognizes the value of

A) Safety.
B) Accountability.
C) Bringing people together to address harms and repair relationships.
D) Using the justice system to promote psychological and biological healing.
E) Only (a) and (b).

Question 7

RELATIONAL DIALECTIC THEORY suggests that

A) In order for people to get along, they need to be similar and agree upon everything.
B) When it comes to healthy relationships, only opposites attract.
C) Contradictions are inherent in all relationships.
D) Dialogue destroys healthy relationships.
E) All of the above.

Question 8

A committee is established to conduct hearings to determine what happened during a recent fight between prison inmates. FINDING OUT WHAT REALLY HAPPENED relates most closely to the restorative justice principle of

A) Relationships.
B) Truth
C) Reparations.
D) Retribution.
E) Indecision.

Question 9

REDUCING RECIDIVISM and crime rates relates most closely to the restorative justice principle of

A) Truth.
B) Reparation.
C) Relationships
D) Consensus
E) Safety.

Question 10

The role(s) of an INITIATOR of a restorative justice process includes the following:

A) Monitor the system.
B) Manage clients as they engage in restorative justice processes.
C) Facilitate communication.
D) Develop ideas and visions for restorative justice programs.
E) All of the above.

Question 11

The role(s) of an DESIGNER of a restorative justice process include the following:

A) Facilitate communication between clients.
B) Plan an RJ program or system.
C) Evaluate the effectiveness of the RJ program.
D) Observe the RJ program in action.
E) Help participants in the RJ process to implement their decisions.

Question 12

RESTORATIVE JUSTICE has been used within

A) Criminal justice systems.
B) Juvenile justice systems.
C) Schools
D) Child protection systems.
E) All of the above.

Question 13

The UNIVERSAL DIMENSION of restorative justice in schools suggests that the program should focus on helping

A) Wrongdoers and troublemakers.
B) Innocent victims.
C) Teachers.
D) Students
E) All members of the school community.

Question 14

The primary mandate of the CHILD PROTECTION SYSTEM is to

A) Restore relationships between parents and children.
B) Safeguard children from abuse and neglect.
C) Remove children from the home.
D) Hold parents accountable for the harm they cause to their children.
E) Reduce conflict in the home.

Question 15

CHILD PROTECTION MEDIATION frames conflict as

A) An exchange of resources.
B) Causing the least possible harm to the child.
C) Compromising between the parent's position and the child protection worker's position.
D) Conflicts to be resolved.
E) Following the child's wishes and desires.

Question 16

Traditionally, HEALING CIRCLES in Native American communities were facilitated by

A) A trained helping professional.
B) An elder from the community.
C) A wise person from another community.
D) A person acting in the role of judge.
E) All of the above.

Question 17

TRANSITIONAL JUSTICE processes are used to deal with

A) Individual child abuse cases.
B) School suspension cases.
C) Large-scale violence and oppression.
D) Divorce cases involving low levels of conflict.
E) Criminal law cases involving petty theft.

Question 18

What is the value of a "TRUTH AND RECONCILIATION PROCESS" if there are no punishments for people who committed serious crimes?

Question 19

How might a HEALING CIRCLE be used in a way to promote community safety?

Question 20

What is the difference between "holding people accountable for committing a crime" and "punishing people for committing a crime?"

Question 21

What are the differences and similarities between compensation, restitution, and reparations?

Question 22

Identify a restorative process that may be used as an alternative to the traditional criminal justice approach for a child who writes graffiti on public property. Explain how this process addresses the following principles of restorative justice: respect, restoration, and relationships.

Question 23

The best approach to negotiation is

A) Power-based.
B) Rights-based.
C) Interest-based.
D) Transformative.
E) Dependent upon the situation, the goals, and the values that guide the negotiators.

Question 24

Helping professionals use CONTRACTING with clients when they

A) Negotiate a plan for work.
B) Impose an intervention on clients without letting them know what they are doing.
C) Tell clients to sign a form.
D) Ask clients how they feel.
E) All of the above.

Question 25

When working with involuntary clients, helping professionals should

A) Forget about offering any type of self-determination to clients.
B) Try to negotiate an agreement for work that offers the client as much self-determination as is possible, subject to the limitations of the professional's mandate (e.g., protection of the child's welfare).
C) Tell the clients that they do not have the mental capacity to sign a contract.
D) Ask the clients not to report them to their professional associations for breach of the code of ethics regarding self-determination and informed consent.
E) Report themselves to their professional associations for breach of the ethical duty to promote self-determination.

Question 26

Contracts may be enforceable if they are

A) Written.
B) Oral.
C) Implied.
D) Entered voluntarily.
E) All of the above.

Question 27

If a helping professional who is not an attorney drafts a formal contract for clients, the helping professional may be subject to charges for

A) Breach of confidentiality.
B) Unauthorized contracting.
C) Unauthorized practice of law.
D) Failure to report.
E) Breach of conflict of interest laws.

Question 28

A MEMORANDUM OF UNDERSTANDING is a

A) Binding agreement.
B) Binding contract.
C) Document that describes a tentative agreement that is not binding, but may be drafted into a binding agreement.
D) Document that creates a legal obligation for both parties to fulfill their obligations, regardless of whether they sign and seal the document.
E) Court order that has the same effect as a signed contract.

Question 29

The POWER approach to CR views the parties as

A) Collaborators.
B) Avoiders.
C) Competitors.
D) Accommodators.
E) None of the above.

Question 30

Which of the following is NOT representative of a POWER-BASED approach to negotiation?

A) The parties engage in a contest to see who is the strongest.
B) The parties debate each other in order to see who is the smartest.
C) The parties go to court for the court to determine whose legal rights should prevail.
D) One party makes an offer to settle, but does not disclose facts that the other would be interested in knowing.
E) One party gathers a group of friends to verbally harass the other party.

Question 31

Which of the following is NOT representative of a RIGHTS-BASED approach to negotiation?

A) The parties engage in a legal debate to determine who has greater rights to a particular piece of property.
B) The parties sit down and have a nice conversation about how to work out a friendly solution that meets both of their needs.
C) The parties ask their lawyers to take their case to court for a judge to decide who gets the property in dispute.
D) The parties go to an arbitrator who will decide who gets the property, based on current laws and case precedents.
E) The parties hire advocates to investigate how a judge would decide which party would get the property if the case went to court.

Question 32

Which of the following is NOT representative of an INTEREST-BASED approach to negotiation?

A) The parties engage in a civil discussion about how to resolve their concerns in a collaborative manner.
B) The parties have their lawyers negotiate a solution on their behalf, focusing on developing a solution that would satisfy both parties' interests.
C) One party threatens to shoot the other party and the second party calls his bluff.
D) The parties brainstorm possible options and then consider objective criteria to determine which option is best.
E) The parties agree to separate the person from the problem by setting ground rules around respectful communication.

Question 33

According to Lederach, CONFLICT TRANSFORMATION refers to

A) Promoting a win-win solution based on the principles of collaboration, problem solving, building consensus, and enhancing the ability of the most powerful party to attain his or her preferred positions.
B) Getting to a settlement as quickly as possible.
C) Helping parties resolve deep-rooted psychological problems.
D) Envisioning and responding to the ebb and flow of social conflict as life-giving opportunities for creating constructive changes that reduce violence, increase justice in direct interaction and social structures, and respond to real-life problems in human relationships.
E) Focusing on the past in order to bury it, and then forget it.

Question 34

A TRANSFORMATIVE approach to conflict resolution suggests that

A) Power is irrelevant.
B) Both parties may be empowered through the CR process.
C) Only one party may be empowered through the CR process.
D) The parties become more disempowered as they become more recognized.
E) The parties become less recognized as they become more empowered.

Question 35

POWER refers to

A) A fixed amount of strength that a person has and always will have.
B) The capacity to influence others.
C) The ability of a person to empathize with others.
D) The innate need to satisfy other people's interests.
E) The opposite of competition.

Question 36

Playing TIT-FOR-TAT (responding to the other party in kind) is an example of a(n)

A) Power-based strategy.
B) Transformative strategy.
C) Interest-based strategy.
D) Rights-based strategy.
E) Identity-based strategy.

Question 37

OFFERING RECOGNITION is an example of a(n)

A) Power-based strategy.
B) Transformative strategy.
C) Interest-based strategy.
D) Rights-based strategy.
E) Identity-based strategy.

Question 38

ARGUING ABOUT THE RELEVANCE OF A PARTICULAR LAW to determine how a conflict should be resolved is an example of a(n)

A) Power-based strategy.
B) Transformative strategy.
C) Interest-based strategy.
D) Rights-based strategy.
E) Identity-based strategy.

Question 39

What is the first stage of the framework for negotiation?

A) Discussion
B) Exploration
C) Obtaining commitments
D) Preparation
E) Engagement

Question 40

Compare and contrast INTEREST-BASED CR with POWER-BASED CR.

Question 41

Describe the risks and potential benefits of using a POWER-BASED approach to CR.

Question 42

What types of RIGHTS-BASED arguments could a psychotherapist use if she felt that her employer discriminated against her because of her physical disability (blindness)?

Question 43

Why is it important for helping professionals to consider the cultural aspects of the people they are negotiating with?

Question 44

What strategies should a negotiator use in order to deal with a "difference of understandings"?

Question 45

How can analyzing the type of conflict help a professional prepare for future negotiations? Provide an example to illustrate the benefits of analyzing the type of conflict.

Question 46

Identify five pitfalls to avoid during negotiations.

Question 47

Describe three tasks that are an important part of the preparation stage of negotiation?

Question 48

How is a conflict based on differences in interests different from a conflict based on differences in values?

Question 49

What is the main purpose of the ASSESSMENT stage of negotiation?

Question 50

Describe the relationship between PRIMARY EMOTIONAL REACTIONS and SECONDARY EMOTIONAL REACTIONS. Provide an example using a situation in which Jane accidentally runs over Jill's cat.

Question 51

Describe three strategies that a negotiator could use to BUILD TRUST.

Question 52

Why is it important for a helping professional to listen to the other person during a negotiation process?

Question 53

Xavier would like his client to stop smoking. What types of strategies could Xavier use to PERSUADE the client? Provide specific examples.

Question 54

Identify two advantages and two disadvantages of using a written contract to obtain commitments toward the end of a negotiation process (you may use an oral contract for comparison).

Question 55

Describe three purposes of FOLLOW-UP after an initial contract has been agreed upon during negotiation.