The subject of this thesis is criminal justice policy. It focusses on diversion, that is,
alternatives to the court system. I argue that the current criminal justice system, which
is rooted in retributive principles, has shortfalls which are of such a degree that it
makes sense to consider alternatives. A new movement in criminal justice policy,
restorative justice, reflects a theory that may provide a framework for new programs.
Restorative justice is based on principles that are fundamentally different from
retributive ideology and the translation of these ideas results in dramatically different
programs.
In my thesis I delineate the differences between restorative and retributive principles.
The retributive system leads to dissatisfaction among the stakeholders in the criminal
process. The purpose of the thesis is to investigate whether implementation of
restorative justice principles could lead to more satisfaction and a higher quality of
justice. The restorative justice theory has a strong rhetoric, as will be made clear. The
implementation of restorative programs, however, does not develop quickly. There are
several reasons for the slowness, including the reluctance of criminal justice officials to
give new initiatives a chance to develop and to co-operate in their development.
I describe three restorative programs that divert criminal cases from the court system,
they are: mediation, dading, and family group conferences. On the basis of these
programs I make clear which are the strengths and the possible weaknesses of restorative justice. The comparison of different programs from different countries,
provides a useful insight in the dynamics of restorative justice in practice. International
research and comparison will lead to understanding in how to design a suitable and
valuable process. My conclusion is that a truly restorative system is neither a realistic,
nor a wished situation. For a variety of cases, though, restorative programs provide a
better locus for resolving the problems involved in crime, than the court process does.
I therefore advise that the development of restorative programs must go on. / Law, Peter A. Allard School of / Graduate
| Identifer | oai:union.ndltd.org:UBC/oai:circle.library.ubc.ca:2429/8344 |
| Date | 11 1900 |
| Creators | Van't Westeinde, Jobine |
| Source Sets | University of British Columbia |
| Language | English |
| Detected Language | English |
| Type | Text, Thesis/Dissertation |
| Format | 7295624 bytes, application/pdf |
| Rights | For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use. |
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