Dispute Resolution and
Crisis Management
CRIMSOC 6
Lesson 1: Introduction
“JUSTICE”
PCPT KRISTOPHER NIEL M NONO
What is
Justice ?
Justice
Justice as equality
Belief that everyone should get some kind and
amount of stuff
Need-Based Justice
Everyone should not get some, because our
needs are not the same
Merit-Based Justice
Justice actually means giving unequally, based
on what a persons deserves
RESTORATIVE JUSTICE
- refers to an approach to
justice that seeks to repair harm
by providing an opportunity for
those harmed and those who
take responsibility for the harm
to communicate about and
address their needs in the
aftermath of a crime.
RESTORATIVE JUSTICE
- It is an approach to justice in which the response to a
crime is to organize a meeting between the victim and
the offender, sometimes with representatives of the
wider community. The goal is for them to share their
experience of what happened and to discuss who was
harmed by the crime or offense and how it happened.
- To create a consensus for what the offender can do to
repair the harm from the offense.
RESTORATIVE JUSTICE
Three big ideas:
(1) repair: crime causes harm and justice
requires repairing that harm;
(2) encounter: the best way to determine how
to do that is to have the parties decide together;
and
(3) transformation: this can cause fundamental
changes in people, relationships and
communities.
RESTORATIVE JUSTICE
RETRIBUTIVE JUSTICE
Response to criminal
behavior that focuses on
the punishment of
lawbreakers and the
compensation of victims. In
general, the severity of the
punishment is
proportionate to the
seriousness of the crime.
RETRI vs. RESTO
RETRIBUTIVE JUSTICE RESTORATIVE JUSCTICE
Crime is an act against the state, a Crime is an act against another person
violation of a law, an abstract idea and the community
The criminal justice system controls crime Crime control lies primarily in the
community
CRIMINAL JUSTICE SYSTEM- The machinery which the society uses in the
prevention and control of crimes. It may also refer to that totality of the activities of
the law enforcers, prosecutor, judges and corrections personnel as well as those of
the mobilized community in crime prevention and control.
COMMUNITY- a social group of any size whose members reside in a specific locality,
share government, and often have a common cultural and historical heritage. a
locality inhabited by such a group.
RETRI vs. RESTO
RETRIBUTIVE JUSTICE RESTORATIVE JUSTICE
Offender accountability defined as taking Accountability defined as assuming
punishment responsibility and taking action to repair
harm
Crime is an individual act with individual Crime has both individual and social
responsibility dimensions of responsibility
Punishment is effective: Punishment alone is not effective in
• Threats of punishment deter crime changing behavior and is disruptive to
• Punishment changes behavior community harmony and good
relationships
Victims are peripheral to the Victims are central to the process of
process resolving a crime.
The offender is defined by deficits The offender is defined by capacity to
make reparation
RETRI vs. RESTO
RETRIBUTIVE JUSTICE RESTORATIVE JUSTICE
Focus on establishing blame or guilt, on Focus on the problem solving, on
the past (did he/she do it?) liabilities/obligations, on the future (what
should be done?)
Emphasis on adversarial relationship Emphasis on dialogue and negotiation
Imposition of pain to punish and Restitution as a means of restoring both
deter/prevent parties; goal of reconciliation/restoration
Community on sideline, represented Community as facilitator in restorative
abstractly by state process
Response focused on offender’s past Response focused on harmful
behavior consequences of offender’s behavior;
emphasis is on the future
Place your bets !!!!
CONFLICT RESOLUTION
Conflict is a
natural disagreement
arising between two or
more people. It exists
when they have
incompatible goals and
one or more believe
that the behavior of
other prevents them
from their own goal.
CONFLICT RESOLUTION
A conflict is a struggle between people.
The struggle may be physical or between
conflicting ideas. The word comes from the Latin
word “Conflingere” means to come together for
a battle. Conflicts can either be within one
person, or they can involve several people or
groups.
STRATEGIES IN
CONFLICT RESOLUTION
Avoiding is when people just ignore or
withdraw from conflict. They choose this
method when the discomfort of confrontation
exceeds the potential reward of resolution of
the conflict. While this might seem easy to
accommodate for the facilitator, people aren’t
really contributing anything of value to the
conversation and may be withholding
worthwhile ideas. When conflict avoided,
nothing is resolved.
STRATEGIES IN
CONFLICT RESOLUTION
Competing is used by people who go into a
conflict planning to win. They’re assertive and
not cooperative. This method is characterized by
the assumption that one side wins and everyone
else loses. It doesn’t allow room for diverse
perspectives into a well-informed total picture.
Competing might work in sports or war, but it’s
rarely a good strategy for group problem solving.
STRATEGIES IN
CONFLICT RESOLUTION
Accommodating is a strategy where one
party gives in to the wishes or demands of
another. They’re being cooperative but not
assertive. This may appear to be a gracious way
to give in when one figures out, she or he has
been wrong about an argument. It’s less helpful
when one party accommodates another merely
to preserve harmony or to avoid disruption. Like
avoidance, it can result in unresolved issues.
STRATEGIES IN
CONFLICT RESOLUTION
Collaborating is the method used when
people are both assertive and cooperative. A
group may learn to allow each participant to
make a contribution with the possibility of co-
creating a shared solution that everyone can
support. A great way to collaborate and
overcome conflict is to reach out and touch
them.
STRATEGIES IN
CONFLICT RESOLUTION
Another strategy is compromising, where
participants are partially assertive and
cooperative. The concept is that everyone gives
up a little bit of what they want, and no one gets
everything they want. The perception of the
best outcome when working by compromise is
that which “split the difference”. Compromise is
perceived as being fair, even if no one is
particularly happy with the final outcome.
