A STUDY ON RESTORATIVE JUSTICE AS PRACTICED IN TAIWAN’S JUVENILE JUSTICE ORGANIZATION

• Main Authors: JEAN,JYI-JAW, 簡吉照
• Other Authors: HOU,CHUNG-WEUN
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/05766741867786826408

博士 === 國立臺北大學 === 公共行政暨政策學系 === 97 === The idea of restorative justice first originated from New Zealand, where juvenile crimes are handled in a way that would incorporate efforts from victims, offenders, families and communities, which fosters dialog between them, protects dignity of offenders, ensures reparation and apology to victims, restores social relationships and reduces recidivism. By doing so, communities that practice restorative justice wish to address juvenile crimes in more fundamental ways that would eliminate such crimes and prevent offenders from recidivism when they grow up. Australia, Canada, United States, Japan and Germany have all followed suit by adopting restorative justice in their justice systems. This study aims at probing the status quo and ways local law practitioners practice restorative justice, also to find out the difficulty in the process when practicing restorative justice, how restorative justice can be applied in preventive policy and juvenile criminal justice organization, and to review suggestions on policy, organizations, human resources, information and ordinances concerning juvenile crimes. Methodologically, this study infuses archival analysis with in-depth interviews. Other than incorporating related writings from periodicals, academic studies and thesis on juvenile crimes, policy implementation, policy network and restorative justice to help define restorative justice and its concepts ,contexts and practices, the author also interviewed 21 practitioners from juvenile justice related areas in northern Taiwan region, including courtroom personnel, judges from Juvenile & Family Department of Judicial Yuan, judges, prosecutor, investigation officers and probation officers from Juvenile Division, police officers and juvenile behavioral counselors and coaches. This study finds that: 1. According to interviews from courtroom personnel, a) they find restorative justice acceptable, and have seen such negotiations and conferencing proceeded, although, the absence of ‘restorative justice’ in the current ordinances prevents further realization of its future practices, and also allows victims’ absence in courtrooms. b) Juvenile court sees Juvenile Guidance Committee as their platform for communication. c) Even though judges are entrusted with the rights in handling juvenile crimes, community restorative boards or other similar institutions are expected to take the role of judges when public ideas of restorative justice mature. d) With limited social resources, in addition to the poorly informed practitioners, more carefully planned integration of both is needed when putting restorative in practice. e) Restorative justice is an idea that is widely accepted here, but there are factors that would act as setbacks when putting the idea through: our current justice system doesn’t quite catch up with it, police officers are not empowered for their parts, not enough people have learned of restorative justice, the lack of government support, a comprehensive resolution is still missed among related institutes and the lack of cooperation from parents and litigants. 2. Interviews on law enforcement personnel have found that: a) There have been wide acceptance of restorative justice among police officers, and likewise practices have been applied, but the legitimacy is in want if further ordinance amendment is not proceeded to acknowledge officers their powers. b) Police officers see Juvenile Guidance Committee as their platform for communication. c) With multiple roles entrusted to them, police officers work as law executors, care-givers, counselors, educators and protectors at the same time, but their knowledge of law and psychological counseling needs further improvement. d) With limited social resources, in addition to the poorly informed practitioners, more carefully planned integration of both is needed when putting restorative in practice. e) Restorative justice is an idea that is widely accepted here, but there are factors that would act as setbacks when putting the idea through: our current justice system doesn’t quite catch up with it, police officers are not empowered for their parts, not enough people have learned of restorative justice, the lack of government support, a comprehensive resolution is still missed among related institutes and the lack of cooperation from parents and litigants. 3. According to interviews on counselors and juvenile delinquents behavior correction personnel we found that: a) They’re positive about restorative justice, they argue that administrative efforts should be devoted first before any legal measures are to be taken. They also argue the importance of having faith in the goodness of people when dealing with such incidents. b) Juvenile Guidance Committee should be treated as platform for coordination amongst communities. c) Personnel in these institutes are equipped with coordination ability in communities but there are not fully informed in legal ordinances. Therefore, restorative conference is better trusted to courtrooms. d) With limited social resources, in addition to the poorly informed practitioners, more carefully planned integration of both is needed when putting restorative in practice. e) Restorative justice is an idea that is widely accepted here, but there are factors that would act as setbacks when putting the idea through: our current justice system doesn’t quite catch up with it, police officers are not empowered for their parts, not enough people have learned of restorative justice, the lack of government support, a comprehensive resolution is still missed among related institutes and the lack of cooperation from parents and litigants.