Challenges of Institutionalizing Restorative Processes Regarding Juvenile Delinquency; A Comparative Study of England and Australia

Articles in Press

Document Type : scientific

Authors

1 Faculty of Law and Political Sciences of Mazandaran University - Babolsar - Iran

2 University of Mazandaran

Abstract

In recent decades, the institutionalization of restorative processes for juvenile delinquency has been widely welcomed by politicians, due to the importance of reducing the recidivism rate of these individuals. England and Australia were such a first governments in institutionalizing special juvenile restorative processes. Accordingly, this article aims to provide the necessary comparative knowledge to countries such as Iran, which are on the verge of institutionalizing these processes, by conducting a comparative study of how to institutionalize special restorative processes for juvenile offenders in these two countries and identifying the challenges that have arisen in the implementation process. By using the comparative analysis method, we find that Restorative Justice(RJ) in its real sense has not been implemented in leading countries. If the same limitations in criminal justice remain in force in the restorative processes, the same inefficiency flow of criminal justice ineffectiveness will resume. thus, the RJ original and flexible theory will become a victim of criminal justice authority. For this reason, if a country wants to institutionalize the restorative process especially for juvenile delinquents, it is necessary to adhere to the principles of RJ and give it a place it deserves by recognize and solve its implementation challenges.

Keywords

Criminal Law Doctrines

Articles in Press, Accepted Manuscript
Available Online from 08 April 2025

Files

Share

How to cite

Statistics