Deck 14: Fuzzy Justice: Alternatives to Court

Question 1

Which is a fundamental principle of restorative justice according to Claassen?

A) Restorative justice recognizes that all offenders will choose to be cooperative.
B) Restorative justice recognizes that crime is wrong and should not occur.
C) The primary victim(s) of a crime is not/are not the one(s) most affected by the offense.
D) Restorative justice is not a process to "make things as right as possible."

Answer 1

B

Question 2

These programs involve bringing the offender and victim together along with a trained mediator who helps guide the interaction.

A) mediation programs
B) restorative justice circles
C) tribal courts
D) restorative justice conferences

Answer 2

A

Question 3

What is the primary distinction between conferencing and mediation?

A) Mediation involves many more parties.
B) Conferencing involves fewer parties.
C) Conferencing involves many more parties.
D) Mediation involves fewer parties.

Answer 3

A

Question 4

These typically include a wide range of participants including not only the offender and the victim but also friends and families, community members, and justice system representatives.

A) restorative justice conferences
B) impact panels
C) tribal courts
D) restorative justice circles

Question 5

Where was conferencing first developed?

A) New Zealand and Australia
B) the United States
C) England and Ireland
D) Afghanistan and Pakistan

Question 6

In _____, offenders and victims exchange viewpoints, but not with those involved in their particular offense.

A) restorative justice circles
B) mediation programs
C) impact panels
D) restorative justice conferences

Question 7

For a victim/offender encounter to be successful, the offender must make amends to the victim that include three distinct characteristics. Which is not one of these characteristics?

A) change of behavior
B) apology
C) retribution
D) restitution

Question 8

The elements of restorative justice allow for the _____ of offenders into the community and of victims into the normal routines of their life before the offense.

A) disintegration
B) integration
C) reintegration
D) insertion

Question 9

There are a number of objections to restorative justice programs noted in the text. Which is not one of these?

A) Restorative justice will cause unacceptable disparity of sanctions.
B) Restorative justice enhances due-process protections.
C) Restorative justice will not work with dangerous offenders.
D) Large-scale use of restorative justice will lead to its depersonalization.

Question 10

A (n) _____ serves as a neutral party within an organization and provides conflict resolution and problem-solving services.

A) mediator
B) attorney
C) ombud
D) conflict manager

Question 11

Ombud programs have been around for many years and are used as alternative methods of settling disputes _____.

A) during the court process
B) Such disputes are not matters for the courts.
C) after they reach the courts
D) before they reach the courts

Question 12

These standards of practice of ombud programs revolve around the four following principles: independence, neutrality and impartiality, confidentiality, and _____.

A) formality
B) informality
C) retribution
D) due-process

Question 13

According to the text, in an organization, the ombud should report directly to this person.

A) the ombud's supervisor
B) the person who raised the dispute
C) the head of the organization
D) no one

Question 14

In an ombud case, who makes the judgments?

A) the disputing parties
B) the head of the organization
C) the ombud
D) an attorney

Question 15

Although it may be tempting for some attorneys to use the ombud's proceedings as a form of _____, the principles of the International Ombud Association specifically guard against this.

A) evidence
B) discovery
C) testimony
D) due process

Question 16

What is shuttle diplomacy?

A) the negotiation of a settlement without the parties ever meeting
B) the negotiation of a settlement during a meeting of the parties
C) a negotiation carried out on a bus
D) a negotiation carried out over a number of months or years

Question 17

Which is not an issue noted in the text concerning the efficacy of the ombud's office?

A) confidentiality
B) power differentials
C) rehabilitation
D) due-process protections

Question 18

According to the text, how many cases have restorative justice programs and ombud offices diverted from the criminal court?

A) 50
B) 1,000
C) 243
D) The number is unknown.

Question 19

These are courts that try violations of the laws of war and other offenses.

A) military commissions
B) military courts
C) military tribunals
D) boot camps

Question 20

The Constitution, particularly the_____, state constitutions, federal and state statutes, and court precedent all make the functions of the criminal court not only transparent and ascertainable but also fair in its application of justice.

A) Amendments
B) Bill of Rights
C) Articles
D) preamble

Question 21

The criminal court system is designed to assign guilt and to sentence those who have broken the criminal law, and they are to do this within the _____.

A) rule of democracies
B) rule of law
C) rule of war
D) rule of legislatures

Question 22

This phrase is often used to describe how the rule of law drives criminal court processes.

A) a nation of men, not of laws
B) a nation of laws, not of men
C) a law of nations, not of men
D) men of law, not of nations

Question 23

According to the text, this is currently the statutory basis for military commissions.

A) Geneva Convention
B) Art of War
C) Military Commissions Act of 2006
D) all of the above

Question 24

The military commission's _____ is "alien unprivileged enemy belligerents for violations of the law of war and other offenses triable by military commission."

A) responsibility
B) specialty
C) jurisdiction
D) area

Question 25

What is the standard of proof required by a military commission?

A) mere suspicion
B) probable cause
C) beyond a reasonable doubt
D) preponderance of the evidence

Question 26

According to this case, the military commissions set up in the wake of September 11, 2001, do not have the power to try Guantánamo Bay detainees because they violate the Geneva Convention and the Uniform Code of Military Justice.

A) Cheney v. Rumsfeld
B) Boumediene v. Bush
C) Hamdi v. Rumsfeld
D) Hamdan v. Rumsfeld

Question 27

In which war did the United States use military commissions?

A) World War II
B) Mexican-American war
C) Civil War
D) all of the above

Question 28

This is the process of sending a criminal suspect to another country to be interrogated or detained.

A) remand
B) rehabilitation
C) remediation
D) rendition

Question 29

Which is a tactic used in the war on terror to circumvent the principles of due process?

A) torture
B) indefinite detention
C) access to attorneys
D) all of the above

Question 30

Several lines of reasoning are used to justify the quasi-legal maneuverings used in the war on terror. Which is not one of those noted in the text?

A) International terrorists are not typical offenders and should not expect the privileges and protections of the U.S. Constitution when they attack U.S. citizens.
B) Military commissions are the appropriate place to try international terrorists because their actions are more like military campaigns than traditional street crime.
C) Military commissions are appropriate because sensitive information vital to national security can be protected from the transparent nature of the criminal court.
D) The U.S. Constitution expressly permits quasi-legal treatment of terrorist actors.

Question 31

According to the text, the criminal court is not always the best place to address every dispute.

Question 32

In ancient times, the victim or the victim's family was entitled to seek revenge or retribution from the offender and/or the offender's family.

Question 33

Instead of considering the offense as a violation of the law, restorative justice looks at the way the injury has affected the victim and the community.

Question 34

In a regular courtroom, there is limited opportunity for the victim to address the offender.

Question 35

Mediation discourages victims from confronting the offender and telling their side of the story.

Question 36

Restorative justice circles do not focus exclusively on the offense, but consider the situation that has caused the conflict in a more holistic manner.

Question 37

Offenders who participate in impact panels need to have shown some type of remorse for their offense and a willingness to listen respectfully to their victim's story.

Question 38

For a victim/offender encounter to be considered successful, the offender must make amends to the victim.

Question 39

Most of the offenders who participate in restorative justice are not willing to admit their guilt. Those who believe they are completely innocent of any wrongdoing are likely to choose a restorative justice process.

Question 40

Ombud programs do not actively involve the contesting parties in the resolution of the case.