FROM CRIMINAL JUSTICE TO RESTORATIVE JUSTICE: A MOVEMENT SWEEPING THE WESTERN COMMON LAWWORLD

Abstract

This paper will outline a brief history of the criminal law in England and other common law jurisdictions in the western world and the changing attitude of those countries towards crime; culminating in the movement today towards restorative justice, a concept that is endorsed by the United Nations and that is sweeping the world. Accordingly, the paper will first examine the changing face of the criminal justice system in England and elsewhere and how this fits with theories of punishment. Next the paper will explore what is meant by restorative justice, how it operates in communities especially in Canada but drawing on research from communities around the western world. Finally the paper with highlight the major opportunities and challenges of Restorative Justice Processes and look towards the future development of these processes in Canada, the Western World and Internationally.