Counseling Chapter 13 Irm You Decide Not Make The Recommendation That Request For Proposal Established

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IRM 13–16

You decide to not make the recommendation that a request for proposal be established to

additionally fund these victim-offender mediation programs with state criminal justice grant funds.

The current bill is a good start. It is important to see how the legislation is received and whether

Question 3

Which approach to restorative justice involves structured dialogue facilitated by a trained volunteer?

a. victim-offender mediation

b. community board

c. peacemaking circles

d. family group conferencing

Question 4

Which of the following is a component of retribution and not restorative justice?

a. The state’s criminal justice agencies retain jurisdiction of the case.

b. Crime is viewed as an act that harms specific individuals.

c. The goal is to get the offender to accept responsibility, not blame.

d. It has a rehabilitation orientation, not punishment.

IRM 13–17

Answer: A

a. Correct. The state criminal justice agencies retention of jurisdiction of the case is a component of

retribution, not restorative justice. See “Toward Restorative Justice,” LO5, Bloom’s: Understand

b. Incorrect. Restorative justice views the crime as an act against a specific individual. This is why the

crime victim plays a key role in each type of restorative justice program. See “Toward Restorative

Justice,” LO5, Bloom’s: Understand

c. Incorrect. In restorative justice, the point is not to assess blame to the offender, but rather, to get the

offender to internalize responsibility. See “Toward Restorative Justice,” LO5, Bloom’s: Understand

d. Incorrect. Restorative justice is more oriented toward rehabilitation, rather than punishment. See

“Toward Restorative Justice,” LO5, Bloom’s: Understand

What Would You Do?

Your job now becomes to draft the statement that will appear on the website if the governor decides

to follow your advice. This is what you draft: “Mediation is a process available in civil lawsuits by

which parties can work out their disputes without using courts. House Bill 3184 imports the civil

law process of mediation into criminal law, allowing for mediation between the victim of the crime

and the criminal to take the place of prosecution by the state, even in some violent misdemeanor

What would you do?

a. Make a recommendation to the governor that a portion of the state grant funds be set aside for victim-

offender mediation programs to assist local agencies with implementation. By using state grants

controlled by the office of the governor, the governor can assert more control of what victim-offender

Summary A:

You decide to recommend that state grant funds be set aside for criminal justice agencies to apply

for to implement victim-offender mediation. As part of the criteria for application for the funds, the

local government must agree that a state trial judge must ultimately approve any mediation

settlement that is reached by the offender, the victim, and the mediator. In addition, the request for

proposals stipulates that the programming may not be an option for offenders of violent offenses,

To learn more about the pros and cons of restorative justice, see “Toward Restorative Justice.”

Summary B:

IRM 13–18

You decide to do nothing further. The members of the legislature had their opportunity to craft

legislation that would meet the approval of the governor. The authors and sponsors of the bill

missed the mark. Use of the victim-offender mediation program generally requires that both the

To learn more about the pros and cons of restorative justice, see “Toward Restorative Justice.”

Chapter 13 Review

1. Which self-defense rationale argues that use of force is appropriate because the aggressors deserve any

injuries they suffer?

a. Punitive rationale

b. Rationale of necessity

c. Individualist rationale

d. Social rationale

2. Each of the following are standards that must be met before one has the right to self-defense EXCEPT

the __________.

a. aggressor must provide a threat concerning some future harm that may be brought against the victim

b. degree of force used by the victim must be proportionate to that of the aggressor

c. harm from the aggressor must be imminent

d. actions of the victim cannot be a preemptive strike

IRM 13–19

Countering Criminal Violence with Forceful Responses: Would Victims Be Better Off If They Were

Armed?]

b. Incorrect. The level of self-defense used by the victim has to be in line with the level of violence used

by the aggressor. For example, a victim who shoots an unarmed offender has escalated the violence

because of the use of the weapon. LO1, Bloom’s: Understand [Toward Countering Criminal Violence

with Forceful Responses: Would Victims Be Better Off If They Were Armed?]

c. Incorrect. If the aggressor is retreating or conditions of the situation would make it difficult for the

aggressor to harm the victim, then self-defense actions cannot be used. The right to self-defense only

occurs if the harm from the aggressor is expected to occur immediately. LO1, Bloom’s: Understand

[Toward Countering Criminal Violence with Forceful Responses: Would Victims Be Better Off If They

Were Armed?]

d. Incorrect. The timing of the victim’s self-defense response has to be tied closely to the threatening

behavior of the aggressor. That is, victims cannot strike first before the aggressor has made his or her

intentions for harm known. LO1, Bloom’s: Understand [Toward Countering Criminal Violence with

Forceful Responses: Would Victims Be Better Off If They Were Armed?]

3. According to the NCVS, what percentage of victims take measures to protect themselves from violent

attacks?

a. 6 percent

b. 26 percent

c. 60 percent

d. 96 percent

4. Each of the following statements regarding the FBI’s data on justifiable homicides are true EXCEPT

__________.

a. the FBI collects data on justifiable homicides committed by police officers and citizens

b. in more than 80 percent of justifiable homicides, the victim killed the aggressor with a gun

c. the FBI does not classify justifiable homicides as murder or manslaughter because they are legally

excusable acts

d. UCR data on justifiable homicides match data collected by other independent organizations

IRM 13–20

b. Incorrect. In 2016, UCR data indicate that in 80 percent of the justifiable homicides (nearly 275 of the

over 330 incidents), the victim used a gun against the aggressor. LO2, Bloom’s: Understand [Toward

Countering Criminal Violence with Forceful Responses: Would Victims Be Better Off If They Were

Armed?]

c. Incorrect. The decision to classify a killing as a justifiable homicide, and thereby legally excusable, can

be made by detectives in clear-cut cases, prosecutors who decide whether or not to charge the victim, or

juries after a trial. LO2, Bloom’s: Understand [Toward Countering Criminal Violence with Forceful

Responses: Would Victims Be Better Off If They Were Armed?]

d. Correct. UCR data on justifiable homicides are the result of police department reporting practices.

Unfortunately, not all departments participate in the voluntary reporting of this form of killing. Thus, the

numbers reported in the UCR undercount the actual number of events. For example, while recent UCR

data indicated about 500 killings a year, independent measures reported the number to be closer to 1,000.

LO2, Bloom’s: Understand [Toward Countering Criminal Violence with Forceful Responses: Would

Victims Be Better Off If They Were Armed?]

5. Which statement accurately reflects the trends in justifiable homicides according to UCR data for the

years 1988 to 2013?

a. The justifiable homicide trends match with national trends in violence both prior to and after 2000.

b. The justifiable homicide trends run opposite national trends in violence both prior to and after 2000.

c. National levels of violence and justifiable homicides both decreased prior to 2000, but while violence

continued to decrease after 2000 justifiable homicides increased.

d. National levels of violence and justifiable homicides both decreased prior to 2000, but while violence

increased after 2000 justifiable homicides continued to decrease.

6. Companies, often affiliated with the National Rifle Association or other gun activist groups, will

provide each of the following services (for a monthly fee) to citizens involved in a self-defense shooting

EXCEPT __________.

a. a script of what to say to law enforcement

b. information on how to buy guns that are harder to trace back to the victim

c. bail money if the shooter is arrested

d. insurance coverage if the shooter has to pay a judgement due to the loss of a civil lawsuit

IRM 13–21

a. Incorrect. Companies will provide its members with a script to use when interacting with law

enforcement. It includes describing what they are wearing to the 911 operator and stating that they feared

for their life, not consenting to a search or answering questions until a lawyer is present, and requesting

the same courtesy police would extend to a fellow officer who was involved in a self-defense shooting.

LO2, Bloom’s: Understand [Toward Countering Criminal Violence with Forceful Responses: Would

Victims Be Better Off If They Were Armed?]

b. Correct. Companies will provide tips on self-defense and carrying a concealed weapon, as well as

services to victims who have had to use their guns against a violent offender (for example, scripts of what

to say to the police, bail money, and insurance policies to cover any losses due to a civil lawsuit);

however, they will not provide information on untraceable guns to its members. LO2, Bloom’s:

Understand [Toward Countering Criminal Violence with Forceful Responses: Would Victims Be Better

Off If They Were Armed?]

c. Incorrect. Part of the monthly subscription fee would provide for bail should the shooter be arrested for

the shooting. LO2, Bloom’s: Understand [Toward Countering Criminal Violence with Forceful

Responses: Would Victims Be Better Off If They Were Armed?]

d. Incorrect. Part of the monthly subscription fee would fund an insurance policy to cover any losses the

shooter would be expected to pay should they lose a civil lawsuit. LO2, Bloom’s: Understand [Toward

Countering Criminal Violence with Forceful Responses: Would Victims Be Better Off If They Were

Armed?]

7. Which of the following statements are pro-gun enthusiasts MOST likely to support?

a. Firearms equalize the situation between the victims and offenders.

b. The presence of guns will escalate the violence within everyday minor fights.

c. Guns will facilitate the violent actions of those who are criminally prone.

d. Gun availability will increase self-inflicted wounds and deaths.

8. Which of the following statements explains the red flag law?

a. Citizens have the right to bear arms outside the home in a way that is visible.

b. Military-style semiautomatic assault weapons are banned.

c. A person with a gun does not have to attempt to avoid a confrontation and has no duty to retreat using a

safe route of escape before firing.

IRM 13–22

d. Offenders must surrender their guns when a victim of domestic violence takes out an order of

protection against a former intimate partner

9. All of the following statements reflect overall gun ownership in America EXCEPT __________.

a. more guns were in circulation in the 1970s when federal gun control laws began to be debated

b. there are enough guns in circulation today that we could arm every person over 18 years of age

c. while Americans make up 1 percent of the world’s population, they own about 33 percent of the

world’s guns

d. America seems to have become saturated with guns, thus leading to a decrease in the purchasing of

new weapons

IRM 13–23

a. whites are more likely to own guns

b. people who are less educated are more likely to own guns

c. nearly 7 out of 10 people have fired a gun at least once

d. the percentage of households that contain a gun is at an all-time high

11. Which of the following statements would proponents of the arming for self-protection position

support?

a. Very few victims use a gun successfully.

b. Weapons owned for personal safety may be stolen by burglars, robbers, and thieves.

c. Keeping a gun at home can save a victim from serious harm.

d. Introducing a gun into a conflict can escalate the violence.

12. Which of the following statements would critics of the arming for self-protection position support?

a. Going around armed enables a bystander to become a Good Samaritan.

IRM 13–24

b. Injuries from bullet wounds exact a high toll in America.

c. Having a gun while away from home can save a person from becoming a victim.

d. Firearms are used more by victims for safety reasons than by offenders for criminal reasons.

13. How many Americans died from unintentional shootings in 2015?

a. 50

b. 500

c. 1500

d. 2500

14. All of the following statements regarding retaliatory justice are true EXCEPT that it __________.

a. is illegal

b. represents an escalation of violence by the victim

c. is also known as “street justice”

d. reflects the legitimate use of force in self-defense

IRM 13–25

a. Incorrect. It is against the law for a victim to shoot, beat, or harm an offender after the crime has been

completed. LO3, Bloom’s: Understand [Toward Countering Criminal Violence with Forceful Responses:

Would Victims Be Better Off If They Were Armed?]

b. Incorrect. Because retaliatory justice typically includes a violent response from the victim against the

offender after the offender has been subdued, then it is the victim who is escalating the violence related to

the incident. LO3, Bloom’s: Understand [Toward Countering Criminal Violence with Forceful

Responses: Would Victims Be Better Off If They Were Armed?]

c. Incorrect. Retaliatory justice has been called street justice, frontier justice, and back-alley justice. LO3,

Bloom’s: Understand [Toward Countering Criminal Violence with Forceful Responses: Would Victims

Be Better Off If They Were Armed?]

d. Correct. There are certain standards that have to be met to constitute self-defense (for example, the

force has to be reasonable and the threat of harm by an offender has to be imminent). Because the victim

is escalating the violence after the fact, retaliatory justice does not meet the standards of self-defense.

LO3, Bloom’s: Understand [Toward Countering Criminal Violence with Forceful Responses: Would

Victims Be Better Off If They Were Armed?]

15. Which of the following statements regarding vigilantes would LEAST likely be held by

representatives of the criminal justice system?

a. Vigilantes are those who are practicing self-defense.

b. Vigilantes are those who are practicing retaliatory justice.

c. The outcome of vigilante behavior is more victims.

d. Vigilantes are lawbreakers.

16. How many people kill themselves with a firearm each year?

a. 200

b. 1,200

c. 12,000

d. 20,000

IRM 13–26

b. Incorrect. This number is too low. Try again. LO2, Bloom’s: Remember [Toward Countering Criminal

Violence with Forceful Responses: Would Victims Be Better Off If They Were Armed?]

c. Incorrect. This number is too low. Try again. LO2, Bloom’s: Remember [Toward Countering Criminal

Violence with Forceful Responses: Would Victims Be Better Off If They Were Armed?]

d. Correct. Close to 20,000 people end their lives each year with a firearm. This amounts to more than 50

lives lost each day. Almost twice as many Americans end their own life with a firearm each year as are

killed with a gun by a criminal. LO2, Bloom’s: Remember [Toward Countering Criminal Violence with

Forceful Responses: Would Victims Be Better Off If They Were Armed?]

17. Which form of justice relies on the nonpunitive methods of peacemaking, mediation, negotiation,

dispute resolution, conflict management, and constructive engagement?

a. Retaliatory justice

b. Restorative justice

c. Retributive justice

d. Informal justice

18. Which of the following is central to a retributive justice system?

a. The laws of the state

b. The role of the victim

c. The harm committed by the offender

d. The reparations made to the victim

IRM 13–27

d. Incorrect. Central to the retributive justice system is how the offender will be punished for breaking the

laws of the state, not what reparations should be made to the victim who experienced the harm. LO5,

Bloom’s: Understand [Toward Restorative Justice]

19. Which restorative justice program relies on a neutral individual to break a deadlock and impose a

legally binding decision?

a. Mediation

b. Conciliation

c. Arbitration

d. Adjudication

20. Each of the following statements regarding restorative justice programs are true EXCEPT

__________.

a. the push for restorative justice programming can be attributed to court administrators

b. by 2014, every state had statutes that encouraged the use of restorative justice programs

c. the first alternative dispute resolution (ADR) programs began in the 1970s

d. the Dispute Resolution Act established a clearinghouse to conduct research and distribute information

about restorative justice

IRM 13–28

21. What is the most common form of restorative justice programming?

a. Victim-offender mediation

b. Peacemaking circles

c. Family group conferencing

d. Community board mediation

22. Which is more reflective of restorative justice?

a. The victim serves as a witness for the prosecution.

b. The crime is a violation of the state’s rules.

c. The offender must accept responsibility and make amends.

d. Focus is on past wrongful acts.

23. In an ideal world, victim-offender reconciliation programs will lead to each of the following outcomes

EXCEPT __________.

a. the victim will receive a satisfactory settlement agreement

IRM 13–29

b. the offender will be able to remove a number of years from their incarceration sentence

c. courts will be able to relieve some of the backlog of cases

d. communities will be able to address some of the hostilities between their citizens

24. Which of the following concerns about restorative justice expressed by civil libertarians represents the

problem of widening the net?

a. Offenders who participate in restorative justice programs give up some due process rights.

b. More affluent offenders are able to buy their way out of trouble.

c. Sentencing disparity grows because settlement agreements for similar offenses will vary.

d. Restorative justice programs allow for intervention in minor offenses that in the past would have been

dealt with privately.

25. Which of the following is LEAST problematic when considering the future use of restorative justice

programs?

a. An increased interest in how cases can be resolved through informal means

b. The necessity to standardize treatment of cases in order to meet demand

c. The utilization of restorative justice programs in serious cases between strangers

d. A straying from the original victim-centered focus of repairing harm done to the victim

IRM 13–30

a. Correct. By embracing more informality when resolving cases, we can more creatively meet the needs

of both the victim and the offender, especially when the distinction between the two is a bit gray. It also

allows us to avoid addressing conflicts between citizens through impersonal, bureaucratic means. LO7,

Bloom’s: Understand [Toward Restorative Justice]

b. Incorrect. Should the caseload become too large for restorative justice programs to handle, it is possible

they could become standardized and bureaucratic in an effort to be efficient. This would violate the

fundamental essence of restorative justice which takes the time that is necessary to allow both sides to

speak, be heard, and negotiate a settlement. LO7, Bloom’s: Understand [Toward Restorative Justice]

c. Incorrect. One of the hallmarks of restorative justice is it helps the disputants in minor cases reestablish

a working relationship. Including serious offenses between strangers violates this fundamental focus of

restorative justice programs. LO7, Bloom’s: Understand [Toward Restorative Justice]

d. Incorrect. When the focus strays to clearing out caseloads or moving offenders through the system, the

restorative justice programming has forgotten to be victim-centered. These other two outcomes are

secondary to giving victims a voice and helping to restore them to their pre-victimization state. LO7,

Bloom’s: Understand [Toward Restorative Justice]