WEEK 5
CRIM 312
FEBRUARY 21, 2023
THE PSYCHOLOGICAL CONCEPTIONS OF JUSTICE
Generally, there are two objectives to all responses in law
breaking
A. Behavioral Control
B. Justice Restoration (Retribution
BEHAVIORAL CONTROL can be in a form of
deterrence and incapacitation through incarceration or
confinement.
JUSTICE RESTORATION
This is aimed at reestablishing some moral order and
sense of justice. This can be done in a form of meting out
the punishment which is considered as a punitive or
retributive; it can also be in a form of constructive
through restorative justice.
RESTORATION OF JUSTICE
1. Retributive justice
2. Restorative Justice
RETRIBUTIVE 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.
EXAMPLE OF RETRIBUTION
An example of retribution is when someone
gets the death penalty for committing murder.
Punishment for evil done. Suitable repayment
for one's actions; requital.
RESTORATIVE JUSTICE
Restorative Justice is a theory of justice that
emphasizes repairing the harm caused by
criminal behavior. ... Crime causes harm and
justice should focus on repairing that harm. The
people most affected by the crime should be able
to participate in its resolution.
RESTORATIVE JUSTICE
Restorative justice is an approach to justice where one of
the responses/reply 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, to discuss
who was harmed by the crime and how, and to create a
consensus for what the offender can do to repair the harm
from the offense.
RESTORATIVE JUSTICE
This may include a payment of money given
from the offender to the victim, apologies
and other amends, and other actions to
compensate those affected and to prevent the
offender from causing future harm.
EXAMPLES OF RESTORATIVE
JUSTICE PROGRAM
Victim assistance
Community service
Victim-offender mediation
Peacemaking circles
Family group conferencing
WHERE IS RESTORATIVE JUSTICE USED?
Restorative justice can be used in all types of cases: from petty
crimes and misdemeanors to sex offenses, domestic violence and
murder. In cases where the likelihood of being retraumatized is
an issue, surrogate (one appointed to act in place of another)
victims can be used
PRINCIPLES OF RESTORATIVE
JUSTICE
The principles of restorative justice define crime as an
injury and recognize the need for actions to repair that
injury, plus a commitment to involve all those affected
in the response to crime.
PRINCIPLES OF RESTORATIVE
JUSTICE
I. Crime is Fundamentally a Violation of People and
Interpersonal Relationships.
II. Violations Create Obligations and Liabilities.
III. Restorative Justice Seeks to Heal and Put Right
the Wrongs.
.
I. Crime is Fundamentally a Violation of People and
Interpersonal Relationships. (Repair)
a. The primary victims are those most directly affected by the offense but others,
such as family members of victims and offenders, witnesses and members of
the affected community, are also victims.
b. Victims and the community have been harmed and are in need of restoration.
c. The relationships affected (and reflected) by the crime must be addressed.
d. Restoration/rehabilitation is a continuum of responses to the range of needs
and harms experienced by the victims, offenders and the community.
e. Victims, offenders and the affected communities are the key stakeholders or
participant in justice.
f. A restorative justice process maximizes the input and participation of these
parties - but especially primary victims as well as offenders - in the search
for restoration, healing, responsibility and prevention.
g. The roles of these parties will vary according to the nature of the offense as
well as the capacities and preferences of the parties.
h. The state has circumscribed roles, such as investigating facts, facilitating
processes and ensuring safety, but the state is not a primary victim.
II. VIOLATIONS CREATE OBLIGATIONS AND
LIABILITIES. (ENCOUNTER
.
a. Offender's obligations are to make things right as
much as possible.
b. Since the primary obligation is to the victims, a
restorative process empowers victims to effectively
participate in defining obligations.
.
.
c. Offenders are provided opportunities and
encouragement to understand the harm they have caused
to victims and the community and to develop plans for
taking appropriate responsibility.
d. Voluntary participation by offenders is maximized;
coercion and exclusion are minimized. However,
offenders may be required to accept their obligations if
they do not do so voluntarily.
CRISIS
A crisis (plural: "crises") is any event or period that
will lead, or may lead, to an unstable and dangerous
situation affecting an individual, group, or all of
society.
These include: Family disruption or family, Natural
disasters, man made desaster suicide.
CRISIS MANAGEMENT
Crisis management is the process by which an
organization deals with a disruptive and
unexpected event that threatens to harm the
organization or its stakeholders.
THREE ELEMENTS COMMON TO A CRISIS
(a) threat to the organization,
(b) the element of surprise, and
(c) a short decision time.
BARANGAY
A barangay is the smallest administrative division in the
Philippines and is the native Filipino term for a village.
The term often refers to an inner city neighborhood,. The
word barangay originated from balangay. Barangay may
be subdivided into smaller areas called purok, and sitio,
which is a territorial enclave inside a barangay, especially
large barangay
BARANGAY DISPUTE
As a general rule, all disputes may be the subject of
barangay conciliation before the Katarungang
Pambarangay, except for the following disputes:
(1) Where one party is the government or any subdivision
or instrumentality thereof;
• (2) Where one party is a public officer or employer, and the
dispute relates to the performance of his official functions;
• (3) Offenses punishable by imprisonment exceeding one year
or a fine exceeding P5,000;
• (4) Where there is no private offended party;
(5) Where the dispute involves real property located in different
cities or municipalities unless the parties thereto agree to submit
their differences to amicable settlement by an appropriate lupon
(panel);
(6) Disputes involving parties who actually reside in barangay of
different cities, except where such barangay units adjoin each
other and the parties thereto agree to submit their differences to
amicable settlement and by an appropriate lupon;
BARANGAYV PROCEDURE FOR
AMICABLE SETTLEMENT
REPUBLIC ACT 9285
An act to institutionalize the use of an Alternative Dispute Resolution system in the Philippines and to established the
office for Alternative Dispute Resolution and for other purposes (known as the ADR resolution of 2004)
DIFFERENT FORMS OF HYBRID ADR
• Overlapping Neutral
• Plenary Med-Arb
• Braided Med- Arb-
• Med- Arb With Optional Withdrawal
1. Overlapping Neutrals - In this form, two neutral third
parties are appointed. A mediator as well as an
arbitrator is appointed for resolving the dispute.
During the mediation, proceedings, the arbitrator
attends the joint sessions, but he is not permitted to
attend the private caucuses of the mediator and the
disputants.
This mechanism can be effective because the
arbitrator will be aware about the issues of the
parties. Since mediation is more about negotiation,
the parties will communicate more effectively, this
will allow the arbitrator and the mediator to
understand the complexities of the dispute. But this
method can be very costly as two neutrals are
appointed for resolving the dispute.
2. Plenary Med- Arb- In this form, a single neutral plays
the role of an arbitrator and mediator. But the neutral is
not permitted to conduct private caucuses with the
disputants. Throughout the procedure, only joint
sessions are conducted between the disputants and the
third party. This form may not be effective. The parties
might not reveal important information relating to the
dispute, if private meetings with the mediator is not
conducted. Hence, the procedure of mediation may
become futile.
3. Braided Med- Arb- In this form, only one neutral third party
is appointed. The procedure is slightly different. The parties
may interrupt the arbitration proceedings and continue with
mediation, if they are willing to enter into a voluntary
agreement. The neutral third party can provide very valuable
suggestions and settlement proposals if the parties continue the
mediation process. But these suggestions may create a pressure
on the parties because in certain cases these suggestions turn
into strong recommendations, which may appear coercive.
4. Med- Arb With Optional Withdrawal- In this form, the parties
have a right to opt- out of the arbitration process even if there is no
outcome from the mediation proceedings. In all other forms, it is
mandatory for the parties to resolve their dispute through
arbitration if the process of mediation becomes futile. But this
particular form, gives an option to the parties to voluntarily
withdraw from the process.
This optional withdrawal makes the whole procedure of med- arb
ineffective because the assurance of finality is eliminated. If the
mediation process is unsuccessful and the parties withdraw from
the procedure, they have to commence with a new dispute
resolution mechanism. This may prove to be a very costly
procedure.
CONFLICT
an active disagreement between people with
opposing opinions or principles
DIFFERENT TYPES OF CONFLICT
1. Person vs. Faithh/God/fate
2. Person vs. Self
3. Person vs. Person
4. Person vs. Society
5. Person vs. Nature
6. Person vs. Supernatural
7. Person vs. Technology
DIFFERENT TYPES OF
CONFLICT
1. Person vs. Faith/God/fate
This category could be considered part
of conflict with self or with society
(many people count only four types of
conflict, including those two and
conflict with another person or with
nature). That’s a valid argument, as
one confronts fate as part of an
internal struggle and religion is a
construct of society, but explicitly
naming fate or God — or the gods
DIFFERENT TYPES OF
CONFLICT
2. Person vs. Self
A person’s struggle with his
or her own prejudices or
doubts or character flaws
constitutes this type of
conflict
DIFFERENT TYPES OF
CONFLICT
3. Person vs. Person
• Involves two characters struggling
against each other. The conflict can
manifest in different ways, from a
physical altercation to irreconcilable
differences in morals or beliefs
DIFFERENT TYPES OF CONFLICT
4. Person vs. Society
When the protagonist’s conflict
extends to confronting institutions,
traditions, or laws of his or her
culture, he or she struggles to
overcome them, either triumphing
over a corrupt society
DIFFERENT TYPES OF CONFLICT
5. Person vs. Nature
In this conflict, the protagonist
is pitted against nature or the
main character struggles with
storm, flood, hurricane or any
other act of nature
DIFFERENT TYPES OF
CONFLICT
6. Person vs. Supernatural
The main character struggles with
ghosts, spirits, or creatures.
DIFFERENT TYPES OF
CONFLICT
7. Person vs. Technology
Humanity’s innate skepticism about the
wonders of technology has resulted in many
stories in which antagonists use technology to
gain power or in which technology takes over
or becomes a malign influence on society or
Character vs. Technology: The main character
struggles to understand complicated
machines, or the main character is competing
against new machines or inventions.
