Restorative Justice: Is it Time to Stake out its Flat Turf on Criminal Justice ?
Dr. Ahmad M. Hayajneh
Associate Professor of Criminal Law
College of Law – University of Jordan & University of Sharjah – UAE
Prof. Mouaid Al-Qudah
Professor of Criminal Law
Faculty of Law – University of Yarmouk – Jordan
Abstract:
This article is an attempt to re-conceptualize the restorative justice as a neoteric paradigm in resolving criminal cases. Although the basis of this paradigm has been structured on a robust and cogent theoretical basis, it has been at stake and wound up in a duel with the current conventional criminal justice, governing, up to now, criminal justice, and throwing back its echo of acceptance to the public.
As a final not and conclusion that this duel was no more than an elusive opposition by arguing that it went off the hook by its going hand-to-hand with the conventional retributive justice with respect to the two theories of retributivism and utilitarianism.
In practice, there has been a remarkable progress with adopting this model of justice, relatively. It is said “relatively, for the reason that it still poses good philosophical reasons that make the legal systems throughout the world somehow reluctant to start establishing its turf, in spite of its strong theoretical basis.
Keywords: Restorative Justice, Retributive Justice, Empowerment Theory, Criminal Justice, Just Desert, Victimology