Deck 10: Economic and Restorative Justice Reparations

Question 1

Restitution requires an offender to repay a victim for intangible losses directly related to the crime, such as pain and suffering, and attorney's fees.

Answer 1

False

Question 2

Collection rates of the various types of economic sanctions used throughout the United States remain fairly low at present.

Answer 2

True

Question 3

The goal of community justice is to assure victims are adequately compensated.

Answer 3

False

Question 4

Community service is an example of a restorative justice program.

Question 5

In the traditional criminal justice system, the states act on behalf of the victims to punish the offender.

Question 6

Community reparation boards intervene postconviction, after a case has been sentenced by a traditional court.

Question 7

Community service refers to a sanction handed down by the court that stipulates that the offender must complete hours of service to the public in order to compensate society for harm they have committed.

Question 8

Once a fine is imposed, unlike restitution, the defendant must pay it in full by the due date or probation will be revoked.

Question 9

Measures of restorative justice can include victim satisfaction with the outcome/process, payment of restitution, and offender satisfaction.

Question 10

A variety of different forms of restorative justice are used throughout the United States. These include victim-offender mediation, reparation boards, family group conferencing, and circle sentencing.

Question 11

Restorative justice is a sentencing philosophy that emphasizes the offender's responsibility.

Question 12

Family group conferencing is based most closely on tribal justice.

Question 13

Like monetary restitution, community service is both punitive and retributive.

Question 14

The federal system mandates that federal prisoners shall not be released on parole or mandatory release until any fines assessed to them are paid in full.

Question 15

The overall effectiveness of victim impact panels tends to be mixed; in other words, there is no conclusive data regarding its lasting impact.

Question 16

A fine is defined as a fixed monetary sanction imposed by the probation officer, with the amount based on the defendant's ability to pay.

Question 17

Fees began to be assessed to offenders starting in the 1980s and are also known as "court costs" in some parts of the United States.

Question 18

Collecting restitution is the responsibility of police officers, day reporting centers, and probation officers.

Question 19

According to Bearden v. Georgia, the Supreme Court held that an offender's probation cannot be revoked solely because he or she is unable to pay a fine or restitution.

Question 20

Three strategies that have been used to increase restitution collection rates include notifying the offender through letters and phone calls, restorative justice techniques, and presentence efforts.

Question 21

__________ are panels consisting of volunteer members from the community that decide and enforce the probation conditions of the adjudicated deemed eligible by the traditional court.

A) Advisory boards
B) Reparation boards
C) Boards of directors
D) Citizen advisory boards

Question 22

__________ requires that juvenile take responsibility for their actions and that the victim actually participates in the process of justice.

A) Family group conferencing
B) A citizen advisory board
C) A board of directors
D) Quality circle thinking

Question 23

Fines disproportionately affect _______.

A) the indigent
B) women
C) African-Americans
D) white collar criminals

Question 24

Reintegrative shaming assumes that

A) social bonds have been weakened and must be repaired.
B) offenders cannot be rehabilitated.
C) labeling offenders as "criminal" or "delinquent" will reduce recidivism.
D) stigmatization is useful in preventing future crime.

Question 25

For juveniles who participate in family group conferencing, it has been determined that most of the applied sanctions consisted of a symbolic apology, counseling, and

A) community service.
B) time in juvenile detention.
C) restitution.
D) forfeiture.

Question 26

_____ entails using the community to control and reduce crime and to rebuild community relationships through community policing, community courts, and restorative justice.

A) Retributive justice
B) Community justice
C) Community policing
D) Broken windows

Question 27

The payment of money to victims of crimes by the offender to repair harm done through the offense is

A) restitution.
B) community restitution.
C) restoration.
D) day fines.

Question 28

Which of the following is NOT typically used as a measure of the effectiveness of restorative justice?

A) Victim satisfaction
B) Payment of restitution
C) Recidivism rates
D) Offender satisfaction

Question 29

Reparation boards clarify how the offender will repair the harm done, and they

A) enforce the conditions of supervision.
B) identify strategies to reduce future offending.
C) seek restitution/repayment.
D) share grief with the offender.

Question 30

Some victims' groups are opposed to the restorative justice initiatives because they believe them to be

A) overly concerned with offender treatment.
B) too centered around the offender.
C) focused only on retribution.
D) antithetical to justice concepts.

Question 31

The theory behind restorative justice is the idea of reintegrative shaming, as presented by

A) John Braithwaite.
B) Ron Akers.
C) Robert Agnew.
D) Gresham Sykes.

Question 32

The Code of _________, developed between 1792 and 1750 B.C., mandated thirty-fold restitution if the victim was a "god" or "palace."

A) Leviticus
B) Romans
C) Hammurabi
D) Silence

Question 33

Which of the following is NOT one of the reasons victims chose to participate in victim-offender mediation?

A) To seek restitution/repayment
B) To oversee punishment
C) To request a more severe punishment for the offender
D) To share their grief with the offender

Question 34

Studies of family group conferencing have found that youths who participate in family group conferencing have _____ recidivism rates when compared to youths who did not participate in conferencing.

A) lower
B) higher
C) similar
D) negligible

Question 35

A _________ consists of the offender; the victim; family, friends, and coworkers of both the offender and the victim; social service personnel; juvenile justice personnel; and interested community members who all gather simultaneously.

A) reparation board
B) Victim-offender panel
C) sentencing circle group
D) prosecutor's panel

Question 36

In crimes against a person or persons, the state acts on behalf of the ________ to punish the offender.

A) victim
B) community
C) offender
D) none of these

Question 37

The determination of the amount of restitution owed to a victim may include

A) tangible losses that occurred during or following the crime.
B) public defender's fees.
C) court costs.
D) compensation for pain and suffering.

Question 38

_____ is a sentencing philosophy and practice that emphasizes the offender taking responsibility to repair the harm done to the victim and the surrounding community.

A) Restorative justice
B) Incapacitation
C) Surveillance
D) Rehabilitative ideology

Question 39

In the United States, Western restorative justice is a community-based model and combines mainstream American criminal justice with indigenous justice practiced by __________.

A) Italians
B) Germans
C) Australians
D) Native Americans

Question 40

Restorative justice is less likely to be endorsed by victims of ___________ crimes.

A) violent
B) property
C) white-collar
D) drug

Question 41

In the United States, most fines go to

A) a victim compensation fund.
B) court costs.
C) the state general fund.
D) community development initiatives.

Question 42

A(n) _____ consists of a tribal leader; the offender; the victim; family, friends, and coworkers of the offender and the victim; juvenile justice/criminal justice personnel; and interested community members.

Question 43

Unpaid service to the public to compensate society for harm done by the offender is

A) restitution.
B) community service.
C) court costs.
D) cost-of-supervision fees.

Question 44

Fines are used in about ______ of all state felony cases, most typically as an addition to probation.

A) 10%
B) 25%
C) 50%
D) 75%

Question 45

_____ is a form of restorative justice that gives the victim and offender the chance to work out a mutually desirable agreement to repair the harm.

Question 46

Like monetary restitution, community service is both

A) effective and rehabilitative.
B) punitive and a deterrent.
C) rehabilitative and punitive.
D) rehabilitative and ineffective.

Question 47

Unpaid service to the public to compensate for harm done by the offense of conviction is_____________.

Question 48

A(n) _____ is a court-imposed reimbursement that an offender pays directly to the courts to help defray administrative costs within the criminal justice system.

A) fee
B) fine
C) amercement
D) reprimand

Question 49

__________ are a monthly payment by an offender that helps curb the cost of community supervision.

A) Surety bonds
B) Fees
C) Restitution
D) Forfeiture

Question 50

Governmental seizure of property is known as _____________.

Question 51

A fixed monetary sanction defined by statute and imposed by a judge depending on the seriousness of the crime is a(n) ________.

Question 52

Three of the problems associated with restitution are __________ of the defendant, determining the amount of restitution, and collecting restitution.

Question 53

Studies have suggested that less than ___ of felony offenders had paid restitution in full by the time they completed their sentences.

A) 50%
B) 70%
C) 80%
D) 90%

Question 54

The standards in Bearden v. Georgia state that restitution

A) must be paid in full in all cases.
B) must be paid even if it is after the termination of probation.
C) must be paid if the offender has the ability to pay.
D) must be added to the conditions of probation.

Question 55

A sentencing philosophy and practice that emphasizes the offender taking responsibility to repair the harm done to the victim and to the surrounding community is referred to as ___________________.

Question 56

Using the community to control and reduce crime through community policing, community courts, and restorative justice is ____________________.

Question 57

Which U.S. state was the first to officially use an organized community service program as an official sanction?

A) Washington
B) California
C) Kansas
D) West Virginia

Question 58

__________ is a payment made by the offender to the victim of a crime and can either be a monetary payment or restoration of a victim's property.

Question 59

One of the major problems in evaluating community services programs is that most programs do not have

A) support from prosecutors.
B) clear goals and objectives.
C) budgetary support.
D) support from defense counsel.

Question 60

If an incarcerated offender has restitution to pay and has the ability to pay, _________can be contingent upon the prisoner first paying off the entire restitution amount while incarcerated.

Question 61

You are a judge in an urban area who sees many indigent offenders. You have to decide whether it is ethical to charge fees and fines to the indigent. Write an opinion piece for your city's paper discussing your decision process and the consequences of your decision, both good and bad.

Question 62

_________________ justice is a more victim-centered approach than traditional methods of punishment involving both the victim and the community throughout the entire justice process.

Question 63

You have just spent three years living on a Native American reservation in order to observe their court system and are speaking before a group of mainstream judges on the differences between Native American justice and their practices. Compare and contrast the two, then discuss whether you believe indigenous Native American justice models have a place in nonindigenous American society.

Question 64

A(n) ____ is a court-imposed reimbursement that the offender pays directly to the courts for the administration of the criminal justice system.

Question 65

You are a judge who believes in victim's rights and the possibility of restorative justice. Nevertheless, you wonder if there might be a danger that victims of a crime are not the best judges of what form restorative justice will take. Discuss your doubts, and your decision-making process, and the different ways in which victims' voices can be a part of the process of restorative justice.

Question 66

Define and describe restitution, using examples from your text.

Question 67

How can restorative justice methods be measured for effectiveness?

Question 68

You have just gotten back from a tour of the restorative justice systems of New Zeeland and Australia. Your college-age daughter, who is about to study law, is eager to know how each of them compare to those of the United States. What will you tell her? She wants to know if you believe there is a better system for Americans than the current one we have.

Question 69

A(n) _______ is a government seizure of property because it is illegal contraband, was illegally obtained, was acquired with resources that were illegally obtained, or was used in connection with an illegal activity.

Question 70

The bulk of the money collected from fines assessed to offenders usually go to victim/witness assistance programs or to a general _____.

Question 71

What is a fine? What is its purpose in the criminal justice system?

Question 72

Compare and contrast victim-offender mediation (VOM) with reparation boards.

Question 73

You are a judge with two cases before you, both of which are in plea-bargain: a white-collar criminal who stole $40 million from a bank he works for, and a bank robber who stole $5,000 from the same bank at gunpoint? Do the victims of the white-collar criminal deserve more restitution than that of the criminal with the weapon? Why or why not?

Question 74

Courts have held that it is unacceptable to require an indigent defendant to pay ____________.

Question 75

How did the concept of restorative justice develop over time?