Restorative Justice Comparison Between United Kingdom And New Zealand

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Restorative Justice Comparison between United Kingdom and New Zealand

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ACKNOWLEDGEMENT

First of all, I would like to express my gratitude for my research coordinator, for his understanding, propositions, patience, and remarks. It would also give me great pleasure to show my gratitude to my peers, colleagues, and family whose huge and steady support has been a cause of constant inspiration and guidance. I would also like to be grateful to the Department, managers of the university, instructors and students who have supported me throughout this research.

DECLARATION

I [type your full name here], declare that all the content presented in the following dissertation/thesis is, in my opinion and understanding, an original, individual and unaided effort, and have not been submitted or published before for scholarly assessment in the past, either partly or completely, for an academic degree at this educational institution or elsewhere. I would also like to declare that I have understood and studied the prerequisites, principles, processes and guidelines of the University regarding the higher academic degree research award and to my dissertation. I would also like to declare that I have abided by the University's prerequisites, principles, processes and guidelines.

Signed __________________ Date _________________

ABSTRACT

Trying to explain what restorative justice is not an easy task, not only because this concept are grouped under different processes and interventions, but also because the objectives, scope and even the basics of the different programs called “restorative” may be substantially different. Moreover, restorative justice programs are not restricted to the area of criminal justice. The dissertation will highlight the major principles of the restorative justice and how they help in the development of the functioning of the society. The study will also evaluate the restorative justice applied in New Zealand and England. The study will also highlight that if the use of restorative justice will help in reducing crime or not.

TABLE OF CONTENTS

ACKNOWLEDGEMENTii

DECLARATIONiii

ABSTRACTiv

CHAPTER 1: INTRODUCTION1

Research Objectives5

Research Hypotheses6

Background of the Study7

Rationale of the Study9

CHAPTER 2: LITERATURE REVIEW12

Background of restorative justice12

The concept of Restorative Justice and its principles15

Restorative justice in New Zealand17

Differences between New Zealand and United Kingdom's Legal System21

Current Practices under the Restorative Justice System30

United Kingdom restorative justice39

BIBLIOGRAPHY42

CHAPTER 1: INTRODUCTION

The punitive function can be considered a constant in the history of Western legal civilization. What change are essentially the methods used to "monitor and punish." In brief, the history of criminal law is marked by a slow process of humanization of punishment, which took place through the gradual abandonment of the more severe forms of repression (although the death penalty continues to be applied in many legal systems, at least in Europe long been abandoned corporal punishment and infamous).

This process of "humanization" of the criminal law is carried out according to "cycles" historians who see the prevalence of different sanctions logic: first the pay (which is of the law of the Old Testament 'eye for an eye' and is intended to offset the bad, crime, with another evil, the penalty), then, of the general-marked prior to the production of deterrence, finally, the idea of educational supervision aimed ...