Restorative Justice System In English Legal System

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In the past decade rising prison population and court cases have caused some to question the adaptability of the English legal system particularly its youth aspect which has faced significant pressure. Over the course of this essay I will first introduce restorative justice by looking at its history, how it emerged and some of the forms it takes. Building on this its fundamental propositions will be discussed which will then lead to us critically evaluating its current and prospective use in the English legal system including how involved the community or the victim are with its various applications, its benefits and drawbacks will be addressed and then an evaluation of its potential to complement the current legal system through restoration …show more content…

Instead of the default route of going through the courts with the defendant being given a punishment such as jail time, restorative justice instead allows the state to step back and draws together all those involved or affected by an offence so that they are then able to address the damage caused to them by the defendant and then agree on how a mutually beneficial restoration can be made. Traditionally the victim of the crime is classed as a key stakeholder in restorative justice however there are some cases where this would be inappropriate, in such cases the community is seen as a viable replacement and can include a number of people such as friends and family or even the neighbourhood in which the offender or victim live or where the crime took place itself, this allows us to explore the full significance of harm caused by the defendant when he committed an offence beyond what would normally be discussed in a court case. Some theorists believe simply that “Restorative justice is every action that is primarily oriented toward doing justice by repairing the harm that has been caused by a

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