Criminal Law - The Case for Introducing Restorative Justice into the Malaysian Criminal Justice System
I. Introduction of Restorative Justice Practice
The traditional criminal justice system focuses solely on the offender, and how to punish him or her to create a deterrence effect both for that particular offender and for potential offenders within society. At the same time, the system excludes the victims of the crime who are only regarded as witnesses to help the prosecutor prove that the offender is guilty of an offense. This practice has resulted in a disheartening weakness in the current criminal justice system.
Subsequently, after much soul searching and research, a new paradigm of justice known as restorative justice emerged. Restorative justice has been widely developed and applied in many countries to handle crime. Recently, it has developed sporadically in various ways, following from its first experimental inception in North America and subsequently spreading to European and Asian countries.