Restorative Justice Comparison between United Kingdom and New Zealand

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TABLE OF CONTENTS

CHAPTER 3: DISCUSSION1

The functioning and development of the society1

Culture and restorative justice2

Legal deconstruction5

Focuses on the goals7

The focuses on the processes7

Restorative justice and crime8

CHAPTER 4: CONCLUSION13

Justice and offenders13

Victims and their needs14

The impact of restorative justice for victims15

Restorative justice makes intervention more effective justice15

Challenges for RJ16

Benefits of Restorative Justice16

CHAPTER 5: RECOMMENDATION21

Restorative justice as an alternative to prison23

Mediation24

Vital role of restorative justice26

BIBLIOGRAPHY33

CHAPTER 3: DISCUSSION

The functioning and development of the society

The modern laws now operate under the assumption that crime is an offense against the state. In legal systems prior to the current system, crime was seen primarily as an offense against the victim and the victim's family. Restorative justice retrieves this focus and is interested primarily and essentially by the damage caused by criminal acts. The restorative justice theory argues that the justice process belongs to the community. The victim needs to regain a sense of order, security and receive a refund. Offenders should be held liable for damages caused by their actions. The community should be involved in the prevention process, confrontation, process monitoring and therapy move towards national healing. The government and its police forces play a positive role when preserve order so that emphasize the communal dimension. In a framework of restorative justice, and community members take responsibility for leading the fundamental social, economic and moral factors that contribute to conflict and violence.

The previous approach helps to understand different theoretical frameworks development of restorative justice. The footprint of the violence and the current conditions of deepening conflict has increased the impact on the civilian population. For building stable peace is necessary, not only, to hear the voice of the theorists, external to the conflict, but also hear the voice of the victims of violence, the voices of those directly affected? Restorative justice is viable when submerged in the deep dimension of reconciliation, which is a therapeutic process whereby broken relationships are restored by the conflict, through the recovery of historical memory and the memory of the victims, equity, full compensation of victims and reconstruction.

Culture and restorative justice

When talking about restorative justice referred to a movement arisen primarily in the United Kingdom and New Zealand in the decade of the seventies of last century. It was in relation to youth crime that emphasizes offense representing the crime victim. So it is considered that it must intervene in conflict resolution, this through a community mediation, in which intervenes on the other hand, the author of the crime. It gives importance reconciliation primarily victim-perpetrator, rather than the imposition of a sanction or penalty.

The advent of model critical criminology moves interest in acting out towards the analysis of criminal policies and the cultural reaction to crime. The identification of the labelling process of deviant behaviours and their effects on the exclusion of individuals is a central inspiration of the founding works of repair model. Crime is no longer unacceptable behaviour, recognizable in itself, violating a code of conduct and values, but rather the product ...