New Challenges and Perspectives of Restorative Justice

Abstract

From the beginning of punitive responses to the excesses of negative behavior, when a larger role was given to the victims and offenders, and their communities, penal and criminological scientific thought and practice have been trying to find effective solutions in response to crime. Dissatisfaction due to the lengthy and inefficient court trial, on one side and disappointment in the repressive policy of the states, on the other hand, has led to serious attempts to change the approach in response to crime and to find appropriate solutions to remove the consequences of crime. That movement introduces restorative justice, i.e. restorative measures and programs that have found their deserved place in almost all penal codes in the world. But, restorative measures do not reject retributive measures. They are interrelated and are not mutually exclusive, and therefore they can be practiced together. Discourse for their relationship and compatibility is part of this paper.

Namely, we are opening theoretical debate on several key questions: what is restorative justice; whether restorative interventions are alternatives to punishment or punishments, or whether restorative justice is the opposite of punitive and retributive justice? In an effort to give appropriate responses, we advocate the thesis that restorative justice allows for a more efficient and more humane response to crime.

The main objective of this paper is to awaken the scientific community to accept restorative approaches in crime response as a new, nontraditional way of thinking and a new philosophy of life in general.