DISPUTE RESOLUTION & CRISES/INCIDENTS

MANAGEMENT

First Semester A.Y. 2024 – 2025

PRELIMINARY TERM

__________________
STUDENT`S

INSTRUCTOR:

JUDE MICHAEL N. YUDE, RCrim.

Email: judemichaelyude16@gmail.c0m
Facebook: Jude Michael Yude
Contact No. 09949927005

College of Criminal Justice

 CRIM 6

DISPUTE RESOLUTION & CRISES/INCIDENTS MANAGEMENT

Course Description:
This course deals with the etiology of delinquency, the theories of delinquency, deviant behaviors and
factors that cause it, and the measures for deterrence and control of teenage crime. Moreover, the course
recognizes the various laws and provisions that protect the rights and welfare of children including the role
of different agencies in handling child in conflict with the law and its relationship to Philippine Juvenile
Justice System and the diversion programs.

Consultation Schedule

Every Wednesday 8:00-9:00am and 2:30-4:30pm

Classroom Rules

Creating effective classroom rules for a college setting involves balancing respect, responsibility, and
engagement. Here are some guidelines that can help create a productive and respectful learning environment:

1. Respect Everyone

 Respect diverse perspectives: Encourage and value different viewpoints and ideas.

 Respect personal space: Avoid disruptions and maintain an environment conducive to learning.

 Respect faculty and peers: Be polite and considerate in all interactions.

2. Be Punctual

 Arrive on time: Be punctual and show respect for the instructor and your peers.

 Be prepared: Bring all required materials and be ready to engage in the lesson.

3. Participate Actively

 Engage in discussions: Contribute thoughtfully to class discussions and activities.

 Ask questions: Seek clarification when needed and contribute to a collaborative learning environment.

4. Maintain Academic Integrity

 Avoid plagiarism: Always credit sources and avoid using someone else’s work as your own.

 Complete your own work: Ensure that all assignments and exams are completed individually unless
collaboration is explicitly allowed.

5. Manage Technology Use

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 Minimize distractions: Use laptops, tablets, and phones only for class-related activities unless otherwise
directed.

 Respect device policies: Follow the instructor’s guidelines regarding technology use.

6. Follow Assignments and Deadlines

 Submit work on time: Meet all deadlines as specified by the instructor.

 Follow guidelines: Adhere to the format and requirements for assignments and projects.

7. Communicate Effectively

 Inform the instructor of absences: Notify the instructor in advance if you’ll be missing class and follow
up on missed work.

 Use proper channels: Communicate with the instructor and peers professionally and through appropriate
channels, such as email or office hours.

8. Maintain a Positive Attitude

 Be open to feedback: Accept constructive criticism and use it to improve.

 Support peers: Encourage and assist classmates when appropriate.

9. Adhere to College Policies

 Understand the code of conduct: Familiarize yourself with your college’s specific policies and rules.

 Follow all regulations: Abide by rules regarding behavior, safety, and academic practices.

 These rules are meant to create a respectful and effective learning environment. It’s also important for
students and instructors to communicate openly about expectations to ensure mutual understanding and a
positive classroom experience.

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 MODULE 1
PRINCIPLE AND PHILOSOPHIES
_________________________________________________________________________________________

LEARNING OBJECTIVES:

At the end of this module, the students are expected to:

 Understand Dispute Resolution Concepts:
 How to apply Interest-Based Approaches:
 Demonstrate Effective Communication Skills:
 Utilize Negotiation Strategies:
 Navigate the Mediation Process:
 Know the difference between the restorative and retributive justice

NUMBER OF HOURS: 1.5

CHRISTIAN PERSPECTIVE:

“What God intended for you goes far beyond anything you can imagine.”(Oprah Winfrey)

INTRODUCTION:

Dispute resolution refers to the process of resolving conflicts or disagreements between parties in a peaceful and
constructive manner. It involves finding common ground, addressing concerns, and reaching a mutually
acceptable solution. Effective dispute resolution is crucial for maintaining relationships, fostering cooperation,
and avoiding unnecessary escalation

"Navigating Conflicts: Practical Applications in Dispute Resolution

MOTIVATIONAL TASK:
and Crisis Management"

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Objective: To encourage students to develop practical skills in resolving disputes and managing crises
effectively, drawing from theoretical knowledge and real-life scenarios.

Instructions:
1. Group Assignment:
o Divide the class into small groups (4-5 students per group).
o Each group will be assigned a specific type of dispute or crisis to focus on. Some suggested
scenarios are domestic disputes, workplace conflicts, community unrest, and natural disaster
response.
2. Research Phase:
o Each group will research the best practices in dispute resolution and crisis management relevant
to their assigned scenario. They should focus on:
 Conflict resolution techniques.
 Mediation and negotiation strategies.
 Crisis intervention methods.
 Communication skills and de-escalation tactics.
 Case studies and examples of successful resolution and management.
3. Scenario Simulation:
o Each group will create a detailed simulation of their assigned scenario, including background
information, key players, and the specific conflict or crisis situation.
o They will then develop a step-by-step plan for resolving the dispute or managing the crisis. This
plan should include:
 Initial assessment and response strategy.
 Roles and responsibilities of involved parties.
 Mediation or negotiation process.
 Resolution or stabilization measures.
 Follow-up actions and long-term solutions.
4. Presentation and Role-Play:
o Each group will present their scenario and resolution/management plan to the class.
o During the presentation, they will role-play the key parts of their scenario, demonstrating their
proposed techniques and strategies.
o After the role-play, they will explain their approach and the rationale behind their decisions.
5. Class Discussion:
o Facilitate a class discussion where students can ask questions, provide feedback, and discuss
alternative approaches to resolving the disputes or managing the crises presented.
6. Reflection Paper:
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 o Each student will write a reflection paper (1-2 pages) on what they learned from this task. They
should reflect on:
 The most challenging aspect of the scenario they worked on.
 How the exercise improved their understanding of dispute resolution and crisis
management.
 Personal insights on how they can apply these skills in real-life situations.
Assessment Criteria:
 Depth and accuracy of research.
 Realism and detail in the scenario simulation.
 Effectiveness and creativity of the resolution/management plan.
 Quality of the presentation and role-play (engagement, clarity, demonstration of techniques).
 Insightfulness of the reflection paper.
Motivational Message: "In the field of criminology, the ability to resolve disputes and manage crises is crucial.
This task is designed to equip you with practical skills and strategies that you can apply in real-world situations.
By engaging in this exercise, you will not only enhance your theoretical understanding but also develop the
confidence and competence to handle conflicts and crises effectively. Remember, your actions can make a
significant difference in ensuring peace and safety in our communities. Let's work together to become skilled and
compassionate professionals in dispute resolution and crisis management!"

LEARNING INPUTS:

Key Concepts in Dispute Resolution

Conflict and Dispute: Understand the difference between conflict (a difference in opinions or interests) and
dispute (a conflict that has escalated and requires resolution).

Reconciliation: refers to the process of restoring friendly relations or resolving conflicts between individuals,
groups, organizations, or even countries that have been at odds with each other. It involves addressing past
grievances, misunderstandings, or disputes in order to move forward and rebuild trust and cooperation.

Key aspects of reconciliation include:

Acknowledgment(pagkilala): Recognizing and acknowledging the pain, suffering, and harm caused by past
actions or conflicts is an important step. This acknowledgment can come from both parties involved.

Apology and Forgiveness: An apology, when sincere, can demonstrate a willingness to take responsibility for
past actions. Forgiveness, on the other hand, involves letting go of resentment and moving towards a place of
understanding and healing.

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Communication and Dialogue: Open and honest communication is essential for reconciliation. Engaging in
meaningful dialogue allows parties to express their perspectives, share their feelings, and work towards
common ground.

1
Restitution and Compensation: In some cases, restitution or compensation may be appropriate to address past
wrongs. This can help restore a sense of justice and provide a foundation for rebuilding trust.

Behavioural Changes: Demonstrating a commitment to change by taking concrete actions to rectify past
mistakes and prevent similar conflicts in the future is a crucial part of the reconciliation process.

Long-Term Relationship Building: Reconciliation is not just about resolving an immediate conflict; it often
involves building a foundation for long-term cooperation and understanding.

Healing and Rebuilding: Reconciliation aims to heal wounds and rebuild relationships. This can involve
addressing emotional, psychological, and social aspects of the conflict.

Mediation and Facilitation: In more complex cases, neutral third parties such as mediators or facilitators may
be involved to help guide the reconciliation process and ensure fair and productive discussions.

Interest-Based Approach: Explore the concept of focusing on underlying interests rather than positions,
aiming to find solutions that meet the needs of all parties involved.

Communication Skills: Learn effective communication techniques, including active listening, empathy, and
assertive expression, to facilitate productive discussions.

Negotiation: Study the principles of negotiation, including identifying common ground, setting objectives,
bargaining, and reaching compromises.

Key principles of negotiation:

Preparation: Adequate preparation is crucial for successful negotiation. Understand your own goals, priorities,
and limits, as well as those of the other party. Research their needs, interests, and potential alternatives to
anticipate their perspective.

Communication: Effective communication is the foundation of negotiation. Listen actively to the other party's
concerns and viewpoints, and express your own clearly and persuasively. Use open-ended questions to gather
information and encourage dialogue.

Win-Win Approach: Aim for a mutually beneficial outcome where both parties feel satisfied with the
agreement. This approach fosters long-term relationships and enhances the likelihood of future cooperation.

BATNA (Best Alternative to a Negotiated Agreement): Understand your BATNA – the best option available
to you if the negotiation doesn't result in a satisfactory agreement. A strong BATNA gives you leverage and
confidence during negotiations.

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Negotiation Styles: Different situations may require different negotiation styles. Collaborative (win-win),
competitive (win-lose), compromising, accommodating, and avoiding are various styles that can be employed
based on the context.\

Focus on Interests, Not Positions: Look beyond the stated positions to understand the underlying interests of
both parties. Finding common ground based on shared interests can lead to creative solutions.

Emotional Intelligence: Manage emotions effectively during negotiation. Remain composed, empathetic, and
self-aware to build rapport and defuse tense situations.

Flexibility and Creativity: Be open to exploring alternative solutions and be willing to adjust your approach as
the negotiation progresses. Creative thinking can lead to innovative and unexpected outcomes.

Time Management: Set a timeline for negotiations to prevent unnecessary delays and pressure tactics. Time
constraints can influence decision-making and lead to more focused discussions.

Trust and Credibility: Establish and maintain trust by being honest, reliable, and fulfilling promises. Building
a positive reputation can enhance future negotiation outcomes.

2
Body Language and Nonverbal Communication: Pay attention to body language, tone of voice, and
nonverbal cues. These signals can convey information and emotions that words alone may not express.

Escalation and De-escalation: Be prepared to manage escalating tensions. Focus on de-escalation techniques
such as acknowledging emotions, reframing issues positively, and finding common ground.

Seeking Wise Counsel: In complex negotiations, consider involving neutral third parties or advisors who can
offer unbiased perspectives and facilitate communication.

Post-Negotiation Review: After an agreement is reached, conduct a post-negotiation review to assess the
process and the outcome. Identify lessons learned and areas for improvement.

Mediation: Explore the role of a neutral third party (mediator) who assists disputing parties in reaching a
mutually agreeable solution through guided communication.

Arbitration: Understand the process of arbitration, where an impartial arbitrator reviews the case and makes a
binding decision, similar to a court judgment.

Litigation: Compare alternative dispute resolution methods to traditional litigation, highlighting the benefits
and drawbacks of each approach.

Court-annexed mediation: refers to a process in which a court refers parties involved in a legal dispute to a

mediation session in an effort to facilitate a resolution to their issues before proceeding to a formal trial or
hearing. Mediation is a form of alternative dispute resolution (ADR) where a neutral third party, the mediator,
helps the parties communicate, negotiate, and reach a mutually acceptable agreement.

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In court-annexed mediation, the court may require parties to participate in mediation as part of the legal process.
The goal is to potentially save time, money, and resources by encouraging the parties to work together to find a
resolution rather than going through a lengthy and adversarial trial.

Here's how the process generally works:

Referral: -The court identifies a case suitable for mediation and refers the parties to a mediation program.

Selection of Mediator: -A qualified mediator, often with expertise in the specific area of law, is chosen to
facilitate the mediation process.

Mediation Session: -The parties and the mediator meet to discuss their issues, explore potential solutions, and
negotiate a settlement agreement.

Agreement: -If the parties reach a settlement through mediation, they draft a written agreement outlining the
terms they have agreed upon.

Court Approval:- Once an agreement is reached, it may need to be approved by the court to ensure it meets legal
requirements.

Next Steps:- If an agreement is not reached or if the mediation is unsuccessful, the case may proceed to trial or
other appropriate legal proceedings.

Judicial mediation: also known as "court-ordered mediation," is a process in which a judge mandates parties
involved in a legal dispute to participate in mediation as part of the court proceedings. Mediation is a form of
alternative dispute resolution (ADR) where a neutral third party, the mediator, facilitates communication and
negotiation between the parties to help them reach a mutually acceptable agreement.

In the context of judicial mediation:

Referral: The judge orders the parties to engage in mediation, often when it is believed that mediation could
help resolve the dispute more efficiently and amicably than a full trial.

Mediator Selection: A qualified mediator is appointed to guide the mediation process. The mediator is typically
experienced in the relevant area of law and skilled in helping parties communicate and negotiate.

Mediation Session: The parties, along with their attorneys if applicable, meet with the mediator to discuss their
issues, concerns, and potential solutions. The mediator helps them explore possible settlement options.

3
Agreement: If the parties come to an agreement during the mediation process, they draft a settlement agreement
that outlines the terms they have mutually decided upon.

Court Approval: The mediated settlement agreement may need to be approved by the court to ensure it meets
legal requirements and is enforceable.

Next Steps: If an agreement is reached, the case may be resolved without the need for a full trial. If no
agreement is reached, the case may proceed to trial or other appropriate legal proceedings.

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Judicial mediation is designed to encourage parties to take an active role in resolving their disputes, and it can
have several potential benefits, including:

Faster Resolution: Mediation can often lead to quicker resolutions than traditional litigation.

Cost Savings: Mediation is generally less expensive than a full trial.

Reduced Adversarial Atmosphere: Mediation promotes cooperation and collaboration rather than adversarial
conflict.

Adversarial conflict refers to a situation where two or more parties are in opposition to each other

Flexible Solutions: Parties have more control over the outcome and can craft creative solutions that may not be
available through a court decision.

Litigation is one of the primary modes of dispute resolution and refers to the process of resolving legal disputes
through the court system. It involves parties presenting their case to a judge or jury, who then make a legally
binding decision based on the evidence and arguments presented. Litigation is often considered an adversarial
process, where each party advocates for its position with the goal of convincing the court to rule in its favor.

Here's an overview of the litigation process as a mode of dispute resolution:

Filing a Complaint/Petition: The plaintiff (the party initiating the lawsuit) files a complaint or petition outlining
the claims against the defendant (the party being sued). This document explains the legal and factual basis for
the lawsuit.

Pleadings: The defendant responds to the complaint by filing an answer or other legal response. The parties may
also exchange other documents, known as pleadings, that provide additional details about their positions.

Discovery: Both sides engage in the discovery process, which involves gathering evidence and information
relevant to the case. This can include depositions, interrogatories (written questions), requests for documents,
and more.

Pretrial Motions: Parties may file pretrial motions to request specific actions from the court, such as dismissing
certain claims or evidence, or asking for a summary judgment (a decision based on the evidence before trial).

Trial: If the case proceeds to trial, both sides present their case in front of a judge or jury. This involves opening
statements, presenting evidence, cross-examining witnesses, and making closing arguments.

Verdict and Judgment: The judge or jury deliberates and then renders a verdict. If the verdict is in favor of one
party, the court issues a judgment, which is a legally binding decision.

Appeals: Parties may have the option to appeal the decision if they believe errors were made during the trial or
if they disagree with the outcome. Appeals involve reviewing the trial record and legal arguments rather than
holding a new trial.

Enforcement: If a judgment is awarded in favor of one party, that party may need to take steps to enforce the
judgment, such as seeking payment or specific actions from the losing party.

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Litigation is a formal and structured process that can be time-consuming and costly. It is often used when parties
are unable to reach a settlement through negotiation, mediation, or other forms of alternative dispute resolution.
While litigation can be effective in resolving complex legal disputes and establishing legal precedent, it may
also involve uncertainty and may not always result in a satisfactory outcome for all parties involved.

Methods of Dispute Resolution

Collaborative Problem-Solving: Encourage parties to work together to find creative and mutually beneficial
solutions.

Interest-Based Negotiation: Teach the principles of separating people from the problem, focusing on interests,
generating options, and determining objective criteria.

Mediation Process: Detail the stages of mediation, including introductory sessions, joint discussions, private
caucuses, and the final agreement.

Arbitration Procedures: Explain the arbitration process, from selecting an arbitrator to presenting evidence
and receiving a binding decision.

Online Dispute Resolution: Discuss the use of technology and online platforms for resolving disputes,
highlighting benefits such as convenience and efficiency.

Strategies for Effective Dispute Resolution

Maintain Calm and Respect: Emphasize the importance of managing emotions and treating each other with
respect during discussions.

Focus on Interests, Not Positions: Encourage parties to identify and communicate their underlying needs and
concerns.

Explore Options: Help parties brainstorm and evaluate various solutions to find common ground.

Build Trust: Discuss the significance of building trust and rapport to foster open and honest communication.

Embrace Flexibility: Highlight the need to adapt and modify approaches as the situation evolves.

Consider Third-Party Involvement: Explain when and how to involve a mediator, arbitrator, or other neutral
third party to facilitate resolution.

Legal and Ethical Considerations

Confidentiality: Discuss the importance of keeping sensitive information confidential during dispute resolution
processes.

Ethical Guidelines: Address ethical standards and considerations for mediators, arbitrators, and other
professionals involved in dispute resolution.

Legal Framework: Provide an overview of the legal aspects and enforceability of agreements reached through
various dispute resolution methods.
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 SUMMARY:

Policing Principles and Philosophies form the foundation of law enforcement practices and guide the behavior
and decision-making processes of police officers. These principles ensure that policing is conducted ethically,
effectively, and in a manner that respects the rights and dignity of all individuals.

REFERENCES:

https://chat.openai.com/?model=text-davinci-002-render-sha

Wiseman book trading, INC. ISBN:978-621-418-207-7

MODULE 2
RESTORATIVE JUSTICE VS RETRIBUTION JUSTICE
_________________________________________________________________________________________

LEARNING OBJECTIVES:

At the end of this module, the students are expected to:

 Know the difference between restorative and retribution justice


CHRISRTIAN PERSPECTIVE:

“Sir, my concern is not whether God is on our side; my greatest concern is to be on God’s side, for God is
always right.”—Abraham Lincoln

INTRODUCTION:

In the realm of criminal justice, two contrasting approaches emerge when addressing the aftermath of crime:
restorative justice and retribution justice. These philosophies diverge in their core principles, goals, and
methods, offering distinct perspectives on how to deal with wrongdoing within a society. Restorative justice

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centers on healing, reconciliation, and the restoration of relationships, while retribution justice focuses on
proportional punishment as a means to uphold societal order and satisfy a sense of justice. This exploration
delves into the fundamental concepts and characteristics of both approaches, highlighting their underlying
principles, goals, and the implications they hold for victims, offenders, and the broader community. By
understanding the nuances of restorative and retribution justice, we can better appreciate the multifaceted nature
of addressing crime and its consequences within a complex and diverse legal landscape.

LEARNING INPUTS:

Restorative justice and retributive justice are two different approaches to dealing with criminal behavior and
resolving conflicts within a society. They have distinct philosophies and goals. Here are the key differences
between restorative justice and retributive justice:

Restorative Justice: Restorative justice is a philosophy and approach that focuses on repairing the harm caused
by crime or conflict. It emphasizes healing and rehabilitation for all parties involved, including the victim, the
offender, and the community. The primary goal of restorative justice is to restore relationships, promote
accountability, and address the underlying causes of the wrongdoing.

Key principles of restorative justice include:

Victim-Centered Approach: The needs and wishes of the victim are central to the process. The victim's voice is
heard, and they are given the opportunity to express their feelings, needs, and expectations.

Offender Accountability: Offenders are encouraged to take responsibility for their actions, understand the
impact of their behavior, and make amends to the victim and the community.

Community Involvement: Restorative justice involves the wider community in the resolution process, fostering
a sense of collective responsibility and support.

Dialogue and Mediation: Dialogue between the victim and the offender, often facilitated by a mediator, is a
crucial component of restorative justice. This helps promote understanding and empathy.

Retribution Justice: Retribution justice, often referred to as the "just deserts" approach, focuses on punishing
offenders in proportion to the harm they have caused. This approach is rooted in the belief that individuals who
commit crimes deserve to suffer consequences as a form of retribution for their actions. The primary goal of
retribution justice is to uphold the moral order and satisfy society's sense of justice by imposing punishment.

Key characteristics of retribution justice include:

Punishment as Deterrence: The belief that the threat of punishment will deter potential offenders from
committing crimes.

Focus on Desert: Punishments are determined based on the severity of the crime and the offender's culpability,
aiming to ensure that the punishment is proportionate to the wrongdoing.

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Limited Focus on Rehabilitation: While rehabilitation might be considered to some extent, the primary focus is
on punishing the offender rather than rehabilitating them.

Comparing the Two:

Goals: Restorative justice seeks to repair harm, heal relationships, and address the root causes of crime.
Retribution justice aims to punish offenders based on the principle of "an eye for an eye" and uphold societal
norms of justice.

Approach: Restorative justice emphasizes dialogue, understanding, and rehabilitation, whereas retribution
justice emphasizes punishment and deterrence.

Focus: Restorative justice prioritizes the needs of the victim, the offender, and the community. Retribution
justice centers primarily on the offender's punishment.

Outcome: Restorative justice aims for reconciliation and reintegration of the offender into society. Retribution
justice aims to satisfy society's demand for justice through punishment.

Focus and Purpose:

Restorative Justice: The primary focus of restorative justice is on repairing the harm caused by the crime or
conflict. It seeks to address the needs of the victim, the offender, and the community by promoting
accountability, healing, and reconciliation.

4 types of restorative justice

1. Victim/Offender Mediation – a process that provides an interested victim an opportunity to meet face-to-
face his/her offender in a secured and structured setting or atmosphere, with the help of a trained mediator, and
engage in a discussion of the past offense and its impact to his/her life.

2. Family Group Conference (FGC) - is a mediated formal meeting between family members and other
officials such as social workers and police in regards to the care and protection or criminal offending of a child
or adolescent.

3. Circle sentencing - is a community-directed process, conducted in partnership with the criminal justice
system, to develop consensus on an appropriate sentencing plan that addresses the concerns of all interested
parties.

4. Victim Offender Dialogue (VOD) - is a process in which the victim of a crime, or the surviving family
members, and the offender who committed the offense meet face-to face in a safe and secure setting.

Retributive Justice: Retributive justice is centered around punishing offenders for violating the law. Its main
purpose is to impose penalties or sanctions on individuals who have committed crimes as a way of balancing
the scales of justice and upholding societal norms. the common punishment for murderers being capital
punishment (sentenced to death).

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Approach to Offenders:

Restorative Justice: Restorative justice views offenders as individuals who can take responsibility for their
actions and make amends. It aims to reintegrate them into the community and promote their rehabilitation.

Retributive Justice: Retributive justice treats offenders as rule-breakers who must face consequences in the form
of punishment. The focus is often on punitive measures such as incarceration.

Role of Victims:

Restorative Justice: Victims play a central role in the restorative justice process. They have the opportunity to
express their feelings, needs, and expectations, and may participate in discussions with offenders to address the
harm caused.

Retributive Justice: In retributive justice, victims are often seen as witnesses to the crime, and their role is
limited to providing evidence in court proceedings.

Resolution Process:

Restorative Justice: Restorative justice emphasizes open dialogue and communication between the victim,
offender, and affected parties. The goal is to reach a consensus on how to repair the harm and provide
restitution.

Retributive Justice: Retributive justice involves formal legal proceedings, where a judge or jury determines guilt
and imposes a sentence based on the severity of the offense.

Community Involvement:

Restorative Justice: Restorative justice places a strong emphasis on involving the community in the resolution
process, recognizing that crime affects not only individuals but also the larger community.

Retributive Justice: Retributive justice is primarily concerned with the state's authority to administer punishment
and may involve less community engagement in the decision-making process.

Outcome:

Restorative Justice: The desired outcome of restorative justice is healing, reconciliation, and restoring
relationships, as well as preventing future offenses.

Retributive Justice: The desired outcome of retributive justice is punishment, deterrence, and maintaining social
order by penalizing offenders.

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Restorative Justice:

Strengths:

Emphasis on Healing and Repair: Restorative justice focuses on addressing the harm caused by the crime and
promoting healing for both the victim and the offender. It can lead to greater emotional closure for victims and
help offenders take responsibility for their actions.

Victim Involvement and Satisfaction: Restorative justice gives victims a voice and the opportunity to participate
in the resolution process, leading to a sense of empowerment and satisfaction.

Community Engagement: Restorative justice involves the community in the resolution process, fostering a sense
of accountability and responsibility among community members.

Reduced Recidivism: By addressing the underlying causes of criminal behavior and promoting rehabilitation,
restorative justice can contribute to lower rates of repeat offending.

Cost Savings: Restorative justice processes are often less expensive than traditional court proceedings and
incarceration.

Weaknesses:

Limited Applicability: Not all crimes or offenders are suitable for restorative justice, particularly in cases of
severe violence or repeat offenders.

Lack of Legal Consistency: Restorative justice outcomes may vary based on facilitators' and participants'
decisions, leading to potential inconsistencies in sanctions and accountability.

Victim Vulnerability: In some cases, involving victims directly in the process may lead to re-traumatization or
intimidation, especially if the offender remains unrepentant.

Potential for Unequal Outcomes: Restorative justice outcomes might depend on factors like the willingness of
the offender to participate, the quality of mediation, and the resources available, which could result in unequal
outcomes.

Retributive Justice:

Strengths:

Clarity and Predictability: Retributive justice follows established legal procedures and precedents, providing a
clear framework for addressing criminal behavior.

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Deterrence: The threat of punishment can discourage potential offenders from engaging in criminal activities.

Objective Decision-Making: Retributive justice relies on the principle of proportionality, where punishments are
based on the severity of the offense, promoting consistency in sentencing.

Public Confidence: A strong retributive justice system can promote public confidence in the legal system's
ability to hold offenders accountable.

Weaknesses:

Lack of Focus on Healing: Retributive justice may not adequately address the needs of victims for emotional
healing and closure.

High Costs: Incarceration and court proceedings can be expensive for the criminal justice system and taxpayers.

Risk of Recidivism: A punitive approach may not effectively address the underlying causes of criminal
behaviour, potentially leading to higher rates of repeat offenses upon release.

Ineffectiveness as a Deterrent: Some studies suggest that the threat of punishment alone may not always be an
effective deterrent for certain types of crimes or for individuals with complex motivations.

Overcrowded Prisons: A focus on retribution can lead to high incarceration rates and prison overcrowding,
which can have social and economic consequences.

REFRENCES:

070PH1070&sxsrf=AB5stBjsZgAoDFyXsJIpCYj2De1F-

https://chat.openai.com/?model=text-davinci-002-render-sha

https://en.wikipedia.org/wiki/Family_Group_Conference

https://www.google.com/search?q=restorative+justice+examples&sca_esv=558499452&rlz=1C1RLNS_enPH1

Wiseman book trading, INC. ISBN:978-621-418-207-7

WORK SHEET 1:

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_____1. Refers to the process of restoring friendly
relations or resolving conflicts between individuals, _____6. Demonstrating a commitment to change
groups, organizations, or even countries that have by taking concrete actions to rectify past mistakes
been at odds with each other. and prevent similar conflicts in the future is a
crucial part of the reconciliation process.
a. Reconciliation
b. Conflict a. Behavioural Changes
c. Dispute b. Long-Term Relationship
d. Acknowledgement Building
_____2. Recognizing the pain, suffering, and harm c. Apology and Forgiveness
caused by past actions or conflicts is an important d. Acknowledgement
step.
_____7. In more complex cases, neutral third
a. Reconciliation parties such as mediators or facilitators may be
b. Conflict involved to help guide the reconciliation process
c. Dispute and ensure fair and productive discussions.
d. Acknowledgement
a. Behavioural Changes
_____3. When sincere, can demonstrate a b. Long-Term Relationship
willingness to take responsibility for past actions. Building
Forgiveness, on the other hand, involves letting go c. Apology and Forgiveness
of resentment and moving towards a place of d. Mediation and Facilitation
understanding and healing.

a. Reconciliation _____8. Explore the concept of focusing on

b. Conflict underlying interests rather than positions, aiming to
c. Apology and Forgiveness find solutions that meet the needs of all parties
d. Acknowledgement involved.
_____4. Open and honest communication is a. Behavioural Changes
essential for reconciliation. Engaging in meaningful b. Interest-Based Approach
dialogue allows parties to express their c. Apology and Forgiveness
perspectives, share their feelings, and work d. Mediation and Facilitation
towards common ground.
_____9. Learn effective communication techniques,
a. Reconciliation including active listening, empathy, and assertive
b. Communication and expression, to facilitate productive discussions.
Dialogue
c. Apology and Forgiveness a. Behavioural Changes
d. Acknowledgement b. Interest-Based Approach
c. Communication Skills
_____5. Reconciliation is not just about resolving d. Mediation and Facilitation
an immediate conflict; it often involves building a
foundation for long-term cooperation and _____10. Study the principles of negotiation,
understanding. including identifying common ground, setting
objectives, bargaining, and reaching compromises.
a. Reconciliation
b. Long-Term Relationship a. Negotiation
Building b. Interest-Based Approach
c. Apology and Forgiveness c. Negotiation Skills
d. Acknowledgement d. Mediation and Facilitation

College of Criminal Justice

College of Criminal Justice