Restorative Justice And The Criminal Justice System

2380 Words10 Pages
To What Extent Should Restorative Justice be incorporated within the Criminal Justice System in England and Wales? (2500 words) This essay will look into the notion of restorative justice and its relationship with the criminal justice system in England and Wales. Furthermore, it will also seek to show the extent of the relationship that the two hold. I believe that although some academics have provided research on the potential benefits regarding young offenders (Katz, 2000), there are still fundamental flaws regarding its wide scale use within England and Wales. This is due to a number of factors which I will outline. For example, its use to reduce incarceration has proved ineffective and is yet to have implications on the numbers of offenders. To understand the relationship between restorative justice and the criminal justice system in England and Wales, we first must look to its historical background as a theory and its definition. The idea of restorative justice first came to fruition in the 1970’s with the work of Barnett (1970) and Eglash (1977). Its prevalence within the criminal justice system was still limited however, until the more recent works of Marshall (1985) and Zehr (1990), where its importance as a potential policy was more widely regarded as beneficial. Its definition is yet to be agreed upon, among the academic elite, however according to LLeywelyn and Hause (1998) its main elements include voluntariness, truth telling and face to face encounters.
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