Deck 13: Restorative Justice: an Alternative Approach to Crime, Victims, and Offenders

Question 1

Restorative justice is a set of principles rather than a specific practice.

Answer 1

True

Question 2

Principles of restorative justice cannot be extended beyond the criminal justice system.

Answer 2

False

Question 3

To participate in restorative justice practices, offenders must acknowledge and assume responsibility.

Answer 3

True

Question 4

Each restorative justice approach ends with an agreement concerning how the offender will address harms caused by their actions.

Question 5

Restorative justice practices follow fixed rules and are inflexible.

Question 6

In restorative justice, the stigma associated with crime is not permanent.

Question 7

Restorative justice can only be employed at the post-charge, pre-sentence, and post-sentence stages of the criminal justice process.

Question 8

Circle sentencing was developed in the Yukon through collaboration between territorial justice personnel and the community.

Question 9

The process for circle sentencing was established in the case of R v. Gladue.

Question 10

A fundamental tenet of circle sentencing is that the process is more important than the sentence itself.

Question 11

The presiding judge must be present in a sentencing circle.

Question 12

Circle sentencing is typically only available to those offenders who plead guilty.

Question 13

Judges are bound by the recommendations decided upon in sentencing circles.

Question 14

Circle sentencing is not appropriate for all crimes and all criminals.

Question 15

The circle sentencing process is fixed and does not vary from community to community.

Question 16

Non-Aboriginal offenders may participate in circle sentencing.

Question 17

An Alberta survey found that nearly 50 percent of those polled were aware of other individuals who had been involved in restorative justice.

Question 18

In 2000, the Nova Scotia government imposed a moratorium on the use of circle sentencing for victims of sexual assault and/or intimate partner violence.

Question 19

Circles of Support and Accountability were first developed by the RCMP in the early 1990s.

Question 20

Which of the following is NOT a common restorative justice initiative identified by Griffiths?

A) offender-community mediation
B) circle sentencing
C) community holistic healing programs
D) family group conferences

Question 21

Warrick is an offender who is participating in a criminal justice process. This process depends on the involvement of local participants. Which of the following forms of justice is Warrick participating in?

A) retributive justice
B) restorative justice
C) transformative justice
D) therapeutic justice

Question 22

Leslie is an offender who is participating in a criminal justice process. This process focuses on establishing guilt and the blameworthiness of an offender. What form of justice is Leslie participating in?

A) restorative justice
B) transformative justice
C) retributive justice
D) therapeutic justice

Question 23

Aaron is an offender who is participating in a criminal justice process. This process is focused on the importance of consensus. What form of justice is Aaron participating in?

A) retributive justice
B) therapeutic justice
C) transformative justice
D) restorative justice

Question 24

Larissa is an offender who is participating in a criminal justice process. This process focuses on broken relationships rather than broken laws. What form of justice is Larissa participating in?

A) restorative justice
B) retributive justice
C) transformative justice
D) therapeutic justice

Question 25

Which of the following is NOT one of the criminal justice system entry points where restorative justice approaches can be used?

A) post-sentence
B) pre-offence
C) pre-charge
D) post-charge

Question 26

Jack is an offender who is taking part in a restorative justice approach. This approach involves him meeting with his victim and an outside party so that he can communicate with the victim, take responsibility for his actions, and address the impact of the offence. What practice is Jack taking part in?

A) a family group conference
B) a community holistic healing program
C) victim-offender mediation
D) circle sentencing

Question 27

What is an alternate term for victim-offender mediation?

A) offender-community mediation
B) offender-community reconciliation
C) victim-offender conferencing
D) victim-offender reconciliation

Question 28

Becca is an offender who is participating in a restorative justice process that involves collaboration and decision making by all members of her group. This group includes Becca, her family, the victims of her offence, the victims' families, several personnel working in the justice system, and other community members. What practice is Becca taking part in?

A) circle sentencing
B) a community holistic healing program
C) victim-offender mediation
D) a family group conference

Question 29

Which of the following is NOT an example of a program inspired by circle sentencing?

A) community sentence advisory committees
B) family group conferencing
C) healing circle sentencing panels
D) community mediation panels

Question 30

Riya is being sentenced in a tribunal where the focus is on present and future conduct rather than on past behaviour. She will receive a sentence that considers the offender, the victim, and the community. Where is Riya being sentenced?

A) a criminal court
B) a community court
C) a First Nations court
D) a sentencing circle

Question 31

Which of the following is NOT true of circle sentencing?

A) It is generally only available to offenders pleading guilty.
B) Non-Aboriginal offenders may participate.
C) Its practice varies between communities.
D) It relies heavily on the justice system in order to operate.

Question 32

Which of the following is true of the Community Holistic Circle Healing Program in Manitoba?

A) It is possibly the longest-running Aboriginal community-controlled restorative program.
B) It deals primarily with non-violent crimes.
C) It includes a 10-phase circle healing process.
D) Victims must create a healing contract for the offender to sign.

Question 33

Brody is a sex offender who has recently been released from an sentence of confinement. He is taking part in a program that provides mentoring for high-risk sex offenders in the community. What program is Brody participating in?

A) community notification
B) Circles of Support and Accountability
C) intensive supervision probation
D) Community of Care

Question 34

Which of the following forms of justice is focused on which laws have been broken, who broke them, and what these individuals deserve as a penalty?

A) therapeutic justice
B) transformative justice
C) criminal justice
D) restorative justice

Question 35

Which of the following forms of justice is focused on who has been hurt by a crime, what these individual's needs are, and whose obligation it is to address these needs?

A) criminal justice
B) therapeutic justice
C) transformative justice
D) restorative justice

Question 36

Which of the following is NOT one of the key notions of restorative justice?

A) retribution
B) healing
C) reintegration
D) reparation

Question 37

Colin is an offender who is participating in a criminal justice process. This process offers the possibility of repentance and forgiveness. What form of justice is Colin participating in?

A) retributive justice
B) restorative justice
C) transformative justice
D) therapeutic justice

Question 38

Melanie is an offender who is participating in a criminal justice process. This process allows the state to represent the community and the victim. What form of justice is Melanie participating in?

A) transformative justice
B) therapeutic justice
C) retributive justice
D) restorative justice

Question 39

Which of the following is NOT true of the Collaborative Justice Project?

A) It takes cases involving serious offences.
B) It may be used in conjunction with a period of incarceration.
C) The accused person must take responsibility for their offence.
D) It is a pre-reintegration approach.

Question 40

Which of the following offences would be most appropriate for inclusion in the Collaborative Justice Project?

A) robbery
B) theft under $5000
C) theft over $5000
D) mischief

Question 41

Which of the following offences would NOT be appropriate for inclusion in the Collaborative Justice Project?

A) break-and-enter
B) vandalism
C) assault causing bodily harm
D) vehicular manslaughter

Question 42

Which of the following is NOT one of the criteria for participation in the Collaborative Justice Project?

A) The Crown is seeking a custodial sentence.
B) The accused appears to be remorseful.
C) The accused does not have an existing criminal record.
D) The victim is willing to participate.

Question 43

Which of the following is NOT true of restorative justice initiatives in Aboriginal communities?

A) They are part of a movement to assert authority and community control.
B) They encourage alternatives to confinement to reduce Aboriginal institutional overrepresentation.
C) They may be premised on traditional practices.
D) They must involve Aboriginal elders.

Question 44

Which of the following is NOT true of peacemaking circles?

A) The offender is not required to plead guilty to the offence.
B) They operate under the auspices of provincial courts.
C) They are focused on restorative justice principles.
D) The victim must agree to participate.

Question 45

Compare and contrast the principles of criminal justice versus those of restorative justice.

Question 46

Name and describe four of the most common restorative justice initiatives presented by Griffiths.

Question 47

What are the requirements that must be met in order for a victim-offender mediation program to be used?

Question 48

What are the four steps of the victim-offender mediation process?

Question 49

What are the three criteria that must be met before a case is accepted by the Collaborative Justice Project?

Question 50

Why have restorative justice initiatives been developed in Aboriginal communities?

Question 51

Identify and discuss four key challenges surrounding the use of restorative justice approaches.

Question 52

Consider the benefits and drawbacks of using restorative justice in cases involving intimate partner violence.

Question 53

Can restorative justice positively impact the administration of justice? Why or why not?

Question 54

Discuss the four major restorative justice initiative identified by Griffiths. What critical differences exist among the various models of restorative or community justice? How else might these models differ?

Question 55

How are victim and offender dynamics changed through the use of restorative justice? Do you think that this is a good thing? Why or why not?

Question 56

In recent years, victim-offender mediation has been extended to cases involving crimes of violence and have also included cases with incarcerated offenders. Do you support this practice? Why or why not?

Question 57

What are the major differences between the principles of traditional criminal courts and the principles of circle sentencing?

Question 58

Consider the case presented in Box 13.3 of the textbook (p. 313). How do you feel about the process and final outcome of this case? Do you think this case was a good fit for circle sentencing? Why or why not?

Question 59

Consider the case of Christopher Pauchay in Box 13.4 (p. 314) of the textbook. What does this case indicate about the limits of restorative justice? Why do you think the circle's suggestions were not accepted in this case? Do you agree with the final judgement? Why or why not?

Question 60

Consider the 13 phases of the Hollow Water Community Holistic Circle Healing Process presented in Figure 13.5 (p. 317) of your textbook. Why do you think there are 13 phases? Do you think that all 13 phases are necessary? Why or why not? If you had the opportunity, would you add any phases? Take any phases away? Alter the order of any of the phases? Explain.

Question 61

Consider the case presented in Box 13.6 of the textbook (p. 317). How did the peacemaking circle help this offender? How might the results have been different if the offender had been tried in a criminal courtroom?

Question 62

One of the challenges associated with implementing restorative justice practices is that there is a perception that restorative approaches are soft on crime. Why do you think this perception exists? Do you agree? Why or why not? How can this perception be dealt with?

Question 63

Why is the effectiveness of restorative justice approaches difficult to quantify? Can we use the traditional measures of criminal justice effectiveness with restorative practices? Why or why not? How might we find effective ways to measure the performance of restorative justice initiatives?