CLJ 1 Notes Nicole
CLJ 1 Notes Nicole
CLJ 1 Notes Nicole
Specific Objectives: At the end of the unit, the students should be able to:
1. explain the Concept of the Philippine Criminals Justice System;
2. evaluate and analyze the course of the criminal justice system; Page | 1
3. enumerate the components of the criminal justice system; and
4. describe the criminal justice system as a whole.
INTRODUCTION:
Criminal Justice System is the machinery used by the society to prevent and control
crime. It is a tool of a Democratic Government to protect the society against criminality and other
peace and order problem.
In theory, Criminal Justice System is an integrated apparatus that is concerned with the
following;
apprehension,
prosecution,
trial,
conviction,
sentencing and
rehabilitating or correcting criminal offenders.
The process is the totality of the activities of law enforcers, prosecutors, defense lawyers,
judges and correctional institutions, as well as those of mobilized community in crime prevention
and control.
Basically, the Criminal Justice System in the American context is initially made up of
three key components – the police, the court and the corrections.
Criminal Justice System in the Philippines was expanded to achieve its objectives –
prevention and control of crimes.
Definition of terms
Crime
It is an act or omission punishable by law.
Act
Any bodily movement tending to produce some effect.
Omission
It refers to the failure to perform a specified act.
Criminal Law
A branch of law that defines crimes, treats of their nature and provides for their
punishment.
Types of Crime
1. Felony
Any act punishable by the Revised Penal Code of the Philippines.
2. Offense
Any act punishable by Special Penal Laws.
3. Misdemeanor or Delinquency
Any act which is in violation of simple rules and regulations.
1. Politicality
Laws are constructed by political authorities.
2. Specificity
Précised in stating what must be done.
3. Uniformity
Equal to all persons.
4. Penal Sanction
Provides punishment.
2. Territoriality
Penal law is applicable to all the crimes committed within the Philippine territory.
3. Prospectivity
Penal law cannot be applied retroactively. Penal law cannot make an act punishable in
a manner in which it was not punishable when committed.
Criminal
Suspect
It refers to a person who allegedly committed a crime. It is a term used to refer to a person
who is undergoing criminal investigation.
Accused
A person who was formally charged in court for the commission of an offense.
Victim
Forgotten person in the Criminal Justice System.
Justice
It connotes equality in the application of laws. According to the Supreme Court of the
Philippines, justice is symbolically represented by a blindfolded woman, holding with one
hand a sword and with the other, a balance, meaning thereby that it is administered without
respect to persons, equally to the poor and the rich.
System
It refers to the orderly combination or arrangement, as of parts or elements, into a whole;
specifically, such combination according to some rational principle; any methodical
arrangement of parts.
Goals of CJS
1. Prevention of crime.
2. Protect members of society against crime.
3. Maintain peace and order.
4. Suppression of criminality. Page | 3
5. Review the legality of existing rules and regulations.
6. Rehabilitation and reformation of offenders.
CJS VISION is for a safe, peaceful, and progressive Philippines through partnership and
shared responsibility in attaining peace and order.
LAW ENFORCEMENT
Well-coordinated, professional, dynamic and highly motivated law enforcers in partnership
with the community for a safe, peaceful and progressive Philippines.
PROSECUTION
A maximized prosecutorial capability to reduce criminality for a peaceful and progressive
Philippine society.
COURTS
A court system which is truly independent, just and speedy to the end that no innocent
person is convicted and no guilty man is acquitted.
CORRECTIONS
A correctional system that is modern, humane, responsive and integrated.
COMMUNITY
A united proactive community working for peace and order in partnership with the other
pillars of the criminal justice system.
The CJS MISSION is to promote peace and order through active community involvement
and fair and dispensation of justice.
LAW ENFORCEMENT
To enforce the law, prevent and control crime, maintain peace and order, and ensure public
safety and internal security with the active participation of the community.
PROSECUTION
To provide a highly professionalize, properly motivated and people-oriented prosecution
service to conduct preliminary of complaints and prosecute criminal actions to ensure fair,
speedy and inexpensive prosecution of cases.
COURTS
To promote respect for and obedience to the Rule of Law through proper and efficient
administration of justice.
CORRECTION
To rehabilitate and reintegrate offenders into the mainstream of society and uphold their
human rights and dignity through speedy legal and administrative processes and provision
of scientific and spiritual programs.
COMMUNITY
To mobilize key sectors of the community in an integrated plan of action to combat crime
and promote peace, order and justice.
Philippine Concept
1. Law Enforcement
2. Prosecution
3. Court
4. Correction
5. Community
During the processing of the offender, there is a great deal of “slippage” within the system
at various decision points in the process. A major characteristic of the administration of criminal
justice is the discretion that exists at each critical decision stage in the system. The criminal
justice system operates like a complex filter, screening out offenders at various points.
As we proceed through the stages of the CJS, we see that the number of people involved
as accused is further reduced. Also, and more importantly, the kinds of people involved become
more and more homogenous.
Page | 5
UNIT II
THE LAW ENFORCEMENT PILLAR
Specific Objectives: At the end of the unit, the students should be able to:
LAW ENFORCEMENT
It is considered as the prime mover of the Criminal Justice System. Law enforcement is a
deterrent and preventive activity.
The Police (Law Enforcement) stand at the forefront of the Criminal Justice System. Law
Enforcement is a deterrent and preventive activity. It consists of patrolling to supervise conduct,
investigating to identify offenders and or recover stolen or missing property, warning or
arresting those who are probably guilty of criminal behavior, and assisting in the prosecution
and trial of offenders. Its goals are aimed towards the prevention of crime and disorder,
preservation of peace, and the protection of life, properties and individual freedom.
A large number of government agencies are involved in law enforcement one way or
another. The kind and degree of involvement vary from general and specific law
enforcement to enforcing standards and regulation pertaining to particular government
activities.
In addition to these government offices, there are other agencies tasked with enforcing
special laws. Among these are:
The French changed the word to “police” and used it to those authorized people who
actually enforce the law. The English and the Americans borrowed the word from the French and
used it to describe a law enforcement officer.
Cop and constable are terms with similar meaning to the word police. The word cop is
commonly used to describe a police officer. This word most likely came from the European word
cop, meaning to catch or seize.
1. Reduce the level of criminality and crime rate into a desirable social level.
2. Improve crime solution efficiency.
3. Maximize linkages with other components of CJS and international law enforcement
agencies.
4. Enhances the credibility of law enforcement organizations.
1. Enforce all laws and ordinances relative to the protection of lives and properties.
2. Maintain peace and order and to take all necessary steps to ensure public safety.
3. Exercise the general powers to make arrest, search, and seizures in accordance with the
constitution and pertinent laws.
4. Investigate and prevent crimes, effect the arrest of criminals, bring offenders to justice
and assist in their prosecution
5. To assist other national government agencies, instrumentalities and subsidiaries in the
enforcement of laws pertinent thereto upon proper request and or deputization.
6. Detain an arrested person for a period not beyond what is prescribed by law.
1. To ensure licenses to possess a firearm and explosive, as well as permit to carry firearm
outside residence.
2. Supervise and control the licensing, training and duties of security guards and security
agencies.
3. Perform other task maybe provided for by law.
Police Operations
1. Prevention of crime.
2. Repression of criminality.
3. Apprehension of Criminals.
4. Recovery of stolen property or protection of life and property.
5. Regulation of non-criminal conduct. Page | 8
6. Perform other miscellaneous services.
1. Old Concept
The yardstick of police efficiency is the number of arrest. Police is a repressive
machinery in crime prevention.
2. Modern Concept
The yardstick of police efficiency is the absence of crime crime/lesser number of
crimes committed.
It is the sum total of dealing of the police with the people it serves and whose
goodwill and cooperation it craves to ensure the greatest efficiency in the police
service.
This evolves upon the concept of keeping members of society informed so that they will
appreciate and understand the complexity of police work and the services rendered by our men.
Focused on building a good image for the police organization through actual performance
without inefficiency and corruption.
C. Civic Action Program
This impart to the people that police are their friends and the partners as well as their
defenders.
Police Discretion
It is the wise use of one’s judgment, personal experience and common sense to
decide a particular situation.
Abuse of discretion resulting to injury to persons or damage to property is punishable.
So the police must be guided by some basic concepts such as COMMON SENSE,
PERSONAL EXPERIENCE, and SOUND JUDGMENT.
Specific Objectives: At the end of the unit, the students should be able to:
1. trace the evolution of prosecution;
2. compare and contrast local and international prosecution;
3. explain the role of the prosecutor; Page | 10
4. state why the prosecutors are obliged in conducting preliminary investigation;
5. describe the simple process of conducting preliminary investigation and inquest;
6. analyze the duty of the investigating fiscal; and
7. describe the steps of prosecuting a criminal.
HISTORY OF PROSECUTION
The origin of the office of the prosecutor is found hundred of years ago in the
jurisprudential development and the common law of England. In the middle ages, the King has
attorneys, sergeants, and solicitors to perform some of the functions of the modern prosecutor.
Before the thirteenth century, the king appointed special attorneys to prosecute criminal cases.
The general term attornatus was used in England official documents in the Middle Ages to mean
anyone who appeared for another as a pleader, attorney, or essoiner.
The earliest laws of England defined crimes as being committed against a particular
individual, not against the state. The original prosecutor was a victim or an individual representing
a victim who stepped forward personally to initiate the prosecution of the alleged offender. The
fact that the injured or aggrieved were their own advocates quite often caused the prosecution to
be carried out in a zealous quest for vengeance.
Originally all crimes were torts; thus in early common law, any injury, whether to person
or property, was a tort. (A tort today is an injury to an individual that is not an offense against the
state). The historical custom of victims-prosecutors led to so much feuding that eventually the
English King took over the obligation of punishing each offender, the original declaration or
concept being known as the king’s peace. From this time on, any conduct that resulted in an
injury to person or property was considered an offense against the king’s peace. Later, the injury
was considered an offense against the state.
During the reign of Edward IV (1461-1483), William Husse was appointed attorney
general of England.
Henry VIII (1509-1547) eliminated the vengeance prosecution system and in its stead
provided a system of “sergeants”, who were required to act as police prosecutors and to enforce
penal statutes. These sergeants were later to become well trained in the law.
PROSECUTION DEFINED
Prosecution is the process or method whereby accusations are brought before the court
of justice to determine the guilt or innocence of the accused.
They evaluate the police findings referred to them, or other complaints filed directly with them
by individual persons (e.g. government officers in charge of enforcement of law violated);
They file corresponding INFORMATION OR CRIMINAL COMPLAINTS in the proper courts Page | 11
on the basis of their evaluation of the proofs at hand; and
They prosecute the alleged offenders in court, in the name of the People of the Philippines.
Prosecute
To commence and carry on a criminal action or lawsuit in the name of the People of the
Philippines.
To bring suit against for redress of wrong or punishment of crime.
To seek to enforce or obtain, as a claim or right, by legal process.
To begin and carry on a legal proceeding.
1. Prosecutorial discretion typically enters the picture immediately after the arrest, when
the police investigative reports are forwarded to the prosecutor for review.
2. The prosecutor screens and evaluates the document in order to decide whether to
accept or reject the case for prosecution.
3. The action of the prosecution is dependent upon the police initiatory action, whereby the
criminal justice system relies on the:
a) certainty of the arrest by the police
b) certainty of conviction by an effective prosecution
c) certainty of appropriate sentencing by the court
Who is a Prosecutor?
A criminal action is one by which the state prosecutes a person for an act or omission
punishable by law.
A criminal action is commenced by the filing of a complaint with the City or Provincial
Prosecution Office or with the Municipal Trial Court or Municipal Circuit Trial Court. However,
criminal action for an offense committed within Metro Manila, may be commenced only by the
filing of a complaint with the Prosecutor’s Office.
What is a Complaint?
What is Information?
Information is an accusation in writing charging a person with an offense subscribed by
the prosecutor, and filed with the court. Page | 12
Distinctions between Complaint and Information
1. Complaint is subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated; while Information is subscribed by the
prosecutor;
2. A Complaint is under oath; while an Information need not to be under oath;
3. A Complaint is filed with the court either for preliminary investigation or for trial; while
Information is filed with the court for trial.
The Inquest Officer shall first determine if the arrest of the detained person was made in
accordance with paragraphs a and b of Section 5, Rule 113 of the Rules on Criminal Procedure,
as amended, which provide that arrests without a warrant may be effected.
For this purpose, the Inquest officer may summarily examine the arresting officer on the
circumstances surrounding the arrest or apprehension of the detained person.
Specific Objectives: At the end of the unit, the students should be able to:
1. differentiate the court from the judge;
2. define judicial scope and its power; Page | 13
3. illustrate the organizational structure of the court in the Philippines; and
4. elucidate the roles of court in the administration of justice.
Evolution of Court
“All trials of criminal and civil cases in pre-Spanish Philippines were in public. The
litigants in the case pleaded their own case. There were no lawyers, court clerks or
stenographers. The litigants presented their witnesses. Before testifying, these witnesses took
and oath to tell the truth. The oath was in various forms, such as “May the crocodile eat me!”
“May I die if I tell a lie” “May no woman love me” or “May the moon frown upon me!” To the
forefathers, their oath was sacred. Perjury was rare in the early trials. The barangay court
decided the case in favor of the litigants who presented more proofs than the other.
Trial by Ordeal
“In criminal cases, when there was doubt as to who of the accused persons was really
guilty of the crime, trial by ordeal was resorted to. It was believed that the gods protect the
innocent and punished the guilty. Through the ordeal the gods revealed divine truth to the people.
Thus, an accused person who was innocent was believed to be always successful in the ordeal
because the gods would make him win.
Meaning of Court
Meaning of Judge
Judicial Power
Jurisdiction Defined
The authority by which courts take cognizance of and decide cases, the legal right by
which judges exercise their authority.
Inherent power of a court to hear, try and decide a case.
Jurisdiction of Courts
1. General
When it is empowered to decide all disputes which may come before it, except those
designated to other courts. (Ex. Jurisdiction of RTC);
2. Limited
When it has authority to hear and determine only a few specified cases. (Ex.
Jurisdiction of the Court of Tax Appeals);
3. Original
When it can try and decide a case presented for the first time;
4. Appellate
When it can take a case already heard and decided by a lower court removed from it
by appeal;
5. Exclusive
When it can try and decide a case which cannot be presented before any court; Page | 15
6. Concurrent
When any one of two or more courts may take cognizance of a case;
7. Criminal
That which exists for the punishment of crime; and
8. Civil
That which exists when the subject matter is not of a criminal case.
Organization of Courts
A. Regular Courts
B. Special Courts
Aside from the above-mentioned courts, there are also under present laws some special
courts. These are the following:
2. Sandiganbayan
The Sandiganbayan is retained by the new Constitution under the following provision
in Article XI, Sec. 4:
“Sec. 4. The present anti-graft court known as the Sandiganbayan shall continue
to function and exercise its jurisdiction as now or hereafter may be provided by law.”
The basic rule was embodied in Art. XIII, Sec. 5 of the 1973 Constitution, which
called for the creation by the Batasang Pambansa of a special court to be known as the
Sandiganbayan. The term is a tagalog word meaning, “support of the nation.”
The 1973 Constitution provided that the Sandiganbayan “shall have jurisdiction
over civil and criminal cases involving graft and corrupt practices and such other
offenses committed by public officers and employees, including those government- Page | 16
owned or controlled corporations, in relation to their office as may be determined by
law.”
C. Administrative Agencies
Quasi-Judicial Power
The power of the administrative agency to determine questions of fact to which the
legislative policy is to apply, in accordance with the standards laid down by the law itself.
UNIT V
CORRECTIONAL INSTITUTIONS AND THE COMMUNITY
Specific Objectives: At the end of the unit, the students should be able to:
1. characterize jail and give its importance and purpose;
2. explain the Philippine prison system and its goals and objectives;
3. appraise the rehabilitation and treatment program inside the prison; Page | 17
4. depict the community based treatment programs.
5. exemplify the role of correction in the Criminal Justice System.
Correction, Defined
Correction is a branch of the Criminal Justice System concerned with the custody,
supervision and rehabilitation of criminal offenders.
Correction as Process
Correction as a process is the reorientation of the criminal offender to prevent him or her
from repeating his delinquent actions without the necessity of taking punitive action but rather
introduction of individual measures of reformation.
Correction as one of the pillars of the Criminal Justice System is considered as the
weakest pillar. This is because of its failure to deter individuals in committing crimes as well as
the reformation of inmates. This is evident in the increasing number of inmates in jails or prisons.
The primary concern of penology is what to do with the prisoner. An old approach to this
fundamental call for his elimination, or at least his banishment and isolation from society. But the
era of purely vindictive societal reaction has given way to the humane treatment of criminal
offenders resulting in the present day policy of rehabilitation and reformation.
In this connection, there are three main schools of thought or approaches with regard to
the treatment of criminals. These schools are better known as the 1) Classical, 2) Neo-Classical,
and 3) Positive or Italian.
Definition of Terms
Penology, defined
It is the study of punishment for crime or of criminal offender. It includes the study of
control and prevention of crime through punishment of criminal offenders.
It is actually the division of criminology that deals with prison management and the
treatment of offenders, and concerned itself with the philosophy and practice of society in its effort
to repress criminal activities.
Jails, defined
Jails are primarily adult penal institutions used for the detention of law violators. Its
original function was to house pre-trial detainees or to serve as a place for the detention of
accused persons charged with having committed crimes. The detention was either for the
accused person’s safety and security, or to secure him for expeditious legal proceedings by the
court. Later it came into use for the service of short-term sentences. Today it continues its dual
role as a place of detention for those awaiting final disposition of criminal cases action and for the
service of short sentences of not more than six months, for those categorized as city or municipal
prisoners, and not more than 3 years or with a fine of not more than 1 thousand pesos, for those
categorized as provincial prisoners.
A jail is a place for locking-up of persons who are convicted of minor offenses or felonies
who are to serve a short sentences imposed upon them by a competent court, or for confinement
of persons who are awaiting trial or investigation of their cases.
Page | 18
Prison, defined
A building usually with cells or other places established for the purpose of taking safe
custody or confinement of criminals.
Prisoner, defined
A person who is under the custody of lawful authority. A person, who by reason of his
criminal sentence or by a decision issued by a court, may be deprived of his liberty or freedom.
Importance of Jails
No layman would or may be able to appreciate the importance of jails, unless and until he
has once stayed there for violation of any law or local ordinance. Jails are intended for the
purpose of letting one pay for the crime he committed, or to serve as form of punishment of sorts,
but to enable a wrongdoer to be reformed and rehabilitated so that after his release he will
become a law abiding and useful citizen of the community.
Jails will serve as a deterrent as well to a would-be non-conformist to the rules of society.
The first experience of an offender is impressive and lasting. The treatment that he receives from
the jail guards or maybe from his co-inmates may spell his early rehabilitation or may make him a
hardened criminal.
2. Sentenced Prisoner
Offenders who are committed to the jail or prison in order to serve their sentence after final
conviction by a competent court.
Those sentenced to suffer a term of sentence of 3 years and 1 day to life imprisonment.
Those sentenced to suffer a term of imprisonment cited above but appealed the judgment
and unable to file a bond for their temporary liberty.
2. Provincial Prisoners
Those persons sentenced to suffer a term of imprisonment from 6 months and 1 day to 3
years or a fine not more than 1,000 pesos, or both; or those detained therein waiting for
preliminary of their cases cognizable by the RTC.
4. Municipal Prisoners
Those confined in Municipal Jails to serve an imprisonment from 1 day to 6 months. Those
detained therein whose trials of their cases are pending with the MTC.
“For the first time in the concept of Philippine Criminal Justice System, the following are
the three aims of correctional reforms, to wit”:
1. To provide judges with more options to deal with offenders through the use of probation,
day fines, commitment to community treatment centers, pre-trial release, and other
measures short of imprisonment.
2. Improving condition in prisons and jails, including decongestion, improved housing, more
effective medical, educational, vocational training, and rehabilitation program services.
Process of Classification
1. Diagnosis
2. Treatment planning
3. Execution of treatment program
Page | 20
The first take place at the reception center, which is a special unit separate from the
prison, or in the classification clinic of the prison. The third takes place is the operating institution or
prison.
The Reception and diagnostic center makes possible the careful study of offenders by a
professional staff, the segregation of prisoners o scientific methods, the treatment of inmates based
upon a careful study of the individual inmate at the time of commitment, the improvement of
institutional programs or a close study of the inmates’ characteristics and needs made at the center,
and the development of delinquency or crime.
The Reception Center is specialized diagnostic institution designed to service a big
correctional system. It is not a treatment center. In order that the center can accomplish the
purpose for which it is intended, the following basic elements must exist in the correctional system:
One of the important phases of prison management. The rehabilitation program in prison
cannot be carried out if prisoners are not effectively controlled.
1. Employment of Prisoners
2. Religious Services
Most penal administrators hold the view that the chaplain is the most important person in the
rehabilitation set-up of correctional institution. It is the chaplain who points out to the
prisoners their relationship with God and their fellowmen.
3. Educational program
4. Recreational Program
Recreational programs of any form will do away with the monotony of prison life.
5. Library Services
Prisoners may be deprived of the liberty of a free man, but not the food of their minds. For
somehow, reading materials of good kind may reform a prisoner’s character thereby helping
him to rehabilitate himself.
EXECUTIVE CLEMENCIES
Pardon
A form of executive clemency which is exercised by the chief executive. It is an act of grace
and the recipient of pardon is not entitled to it as a matter of right.
Kinds of Pardon
1. Absolute Pardon- One which is given without any conditions attached to it. The purpose
of this kind of pardon are:
a. To do away with the miscarriage of justice.
b. To keep abreast with the current philosophy, concept or practice of criminal justice
administration.
c. To restore full political and civil rights of persons.
Amnesty
A general pardon extended to groups of persons and is generally exercised by the chief
executive with the concurrence of congress.
Commutation
An act of clemency by which an executive act changes a heavier sentence to a less
serious one or a longer term to a shorter term.
Purposes of Commutation
1. To break the rigidity of the law.
2. To extend parole in cases where the parole law does not apply
3. To save the life of a person sentenced to death.
Reprieve
A temporary stay of the execution of sentence.
COMMUNITY
The prevention and control of crime is not only the sole duty and responsibility of the
government, particularly the first four components of the criminal justice system. It is as well the
duty and responsibility of the society and every member of the community.
The category of the prevention and control of crime activities includes those that appear to
have the greatest potential for reducing crime and improving the quality of life. Page | 22
This includes the following institutions:
1. The Home
The home has well been called the cradle of human personality, for in it the child forms
fundamental attitudes and habits that endure throughout his life.
a. Parental Discipline
It is commonly thought of as a means of development and maintenance of good behavior
and conduct in accordance with the norms of society. its main objective is to inculcate good
habits, attitudes and values that will make a child a law abiding and useful member of the
community. Discipline at home however is not the responsibility of the parent alone. But
rather the concern of the member of the family.
b. The Ultimate Objective of Parental Discipline
The ultimate objective of parental discipline is to develop the child’s self-respect, self-control,
self-reliance, self-discipline and not merely the ability and desire to conform to the accepted
norms and standards for individual and community life in normal society. Parental discipline
includes but is not limited to the inculcation of constructing habits, attitudes and values that
will make every child a law-abiding and useful member of the society.
2. The School
The school is in a strategic position to prevent crime and delinquency. This is so because
the school exercises authority over every child who is of school age.
It has an excellent opportunity to influence his attitudes and behavior.
3. The Church
It is the church of any denomination which points out to the faithful their relationship to God
and their fellowmen, and who by work and example, leads them to live a moral life.
Specific Objectives: At the end of the unit, the students should be able to:
1. understand the system of Barangay Justice;
2. to appreciate the role of ADR in the declogging of court dockets;
3. know the methods of ADR; Page | 23
4. identify the benefits of ADR;
B. OBJECTIVES OF KP:
1. to promote speedy administration of justice;
2. to perpetuate the time-honored tradition of settling disputes amicably for the maintenance
of peace and order;
3. to implement the Constitutional mandate, preserve and develop Filipino culture; and
4. to relieve the courts of docket congestion and thereby enhance the quality of justice
dispensation.
“The lupon shall be constituted every three (3) years in the manner provided herein
(RA 7160).”
Upon appointment, each lupon member shall take an oath of office before the
punong barangay. He shall hold office until a new lupon is constituted on the third year
following his appointment unless sooner terminated by resignation, transfer of residence
or place of work, or withdrawal of appointment by the punong barangay with the
concurrence of the majority of all the members of the lupon.
5. Secretary of the Lupon (sec. 403) - The barangay secretary shall concurrently serve as
the secretary of the lupon who shall:
a. record the results of mediation proceedings before the punong barangay;
b. submit a report thereon to the proper city or municipal courts; and
c. also receive and keep the records of proceedings submitted to him.
Introduction
Practices and programs reflecting restorative purposes will respond to crime by:
1. identifying and taking steps to repair harm,
2. involving all stakeholders, and
3. transforming the traditional relationship between communities and their governments in
responding to crime.
Some of the programs and outcomes typically identified with restorative justice include:
Victim offender mediation
Conferencing
Circles
Victim assistance
Ex-offender assistance
Restitution
Community service
Conferences provide victims and others with an opportunity to confront the offender,
express their feelings, ask questions and have a say in the outcome. Offenders hear firsthand
how their behavior has affected people. They may begin to repair the harm by apologizing,
making amends and agreeing to financial restitution or personal or community service work.
Conferences hold offenders accountable while providing them with an opportunity to discard the
"offender" label and be reintegrated into their community, school or workplace.
The conference facilitator sticks to a simple script and keeps the conference on focus, but
is not an active participant. In the conference the facilitator asks the offenders to tell what they did
and what they were thinking about when they did it. The facilitator then asks victims and their
family members and friends to tell about the incident from their perspective and how it affected Page | 31
them. The offenders' family and friends are asked to do the same.