NCJ Number
172610
Date Published
1996
Length
15 pages
Annotation
The New Zealand Youth Court is based on restorative justice principles in the sense that power is transferred from the state to the community; the same principles could also be applied to adult courts.
Abstract
There are three distinctive elements of the Youth Court model: the transfer of power from the state to the community; family group conferences (FGCs) as a mechanism for producing a negotiated, community response; and the involvement of victims as key participants to produce a healthy process for both offender and victim. There is much common ground between the New Zealand approach to youthful offenders and restorative justice. Van Ness (1989) identifies three fundamental principles of restorative justice. First, crime results in injuries to victims, communities, and offenders; therefore, the criminal justice process must repair those injuries. Second, not only the state, but also victims, offenders, and communities should be actively involved in the criminal justice system at the earliest point and to the greatest possible extent. Third, the state is responsible for preserving order, and the community is responsible for establishing peace. The New Zealand system is substantially a restorative model that is consistent with these principles. Two of the three defining features of the Youth Court model -- the transfer of power from the state to the community and the central role of the victim in producing a healing process -- are not limited in principle to young offenders. The needs of individuals and societies that a restorative model seeks to address are the needs of all people, not just those relating to young offenders. The real issue is whether and how the FGC could be adapted to adults. 12 references