ADR Restorative Justice Practices 2 — Questions and Answers
Question 1: In a restorative justice circle, who is primarily responsible for setting the agenda?
- The facilitator alone
- The offender
- All participants collaboratively (Correct answer)
- The victim's attorney
Correct answer: All participants collaboratively
Restorative circles are participant-driven, with all stakeholders collaboratively shaping the agenda to ensure every voice is heard.
Question 2: What distinguishes a 'community conference' from a traditional restorative circle in restorative justice?
- Community conferences exclude the offender
- Community conferences include broader community members beyond the immediate parties (Correct answer)
- Community conferences are legally binding
- Community conferences are conducted without a facilitator
Correct answer: Community conferences include broader community members beyond the immediate parties
Community conferences expand participation to include community members affected by or invested in the harm, beyond just the primary parties.
Question 3: Which of the following best describes 'narrative reframing' as used in restorative justice facilitation?
- Replacing a party's story with a legally accurate version
- Helping participants retell their experience in ways that open dialogue (Correct answer)
- Summarizing facts for the record
- Redirecting blame toward the offender
Correct answer: Helping participants retell their experience in ways that open dialogue
Narrative reframing assists participants in expressing their experience in ways that promote understanding and reduce defensiveness.
Question 4: Under the UN Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters, participation by the offender must be:
- Mandatory for all felony cases
- Voluntary and not used as evidence of guilt (Correct answer)
- Ordered by the court before trial
- Contingent on the victim waiving civil claims
Correct answer: Voluntary and not used as evidence of guilt
The UN Basic Principles require that offender participation be voluntary and that statements made cannot be used as admissions of guilt in subsequent proceedings.
Question 5: A victim declines to participate in a restorative justice process. The practitioner should:
- Proceed with a surrogate victim to represent the harm
- Cancel the process entirely
- Offer alternative ways for the victim's perspective to be represented if desired (Correct answer)
- Require participation as a condition of the offender's agreement
Correct answer: Offer alternative ways for the victim's perspective to be represented if desired
Practitioners should respect victim autonomy while offering options such as written impact statements or a victim advocate speaking on their behalf.
Question 6: What is the primary purpose of a 'reentry circle' in restorative justice?
- To determine sentencing for repeat offenders
- To support an individual returning to the community after incarceration (Correct answer)
- To mediate disputes between parolees and their victims
- To evaluate an offender's risk level for the court
Correct answer: To support an individual returning to the community after incarceration
Reentry circles mobilize community support networks to help individuals successfully transition back into the community after incarceration.
Question 7: Which evaluation metric is most appropriate for measuring the success of a restorative justice program?
- Reduction in the offender's sentence length
- Victim satisfaction and recidivism rates (Correct answer)
- Number of cases diverted from court
- Speed of case resolution
Correct answer: Victim satisfaction and recidivism rates
Victim satisfaction and recidivism reduction are the core outcome measures aligned with restorative justice's goals of healing and preventing future harm.
ADR Restorative Justice Practices 2
In a restorative justice circle, who is primarily responsible for setting the agenda?