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https://doi.org/10.22178/pos.105-36
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The Principle of Restorative Justice in The Judge's Consideration of Criminal Decisions
[journal article]
Abstract Restorative justice is currently being utilised as an alternative method for resolving criminal cases. As this approach continues to evolve, there have been numerous instances where judges have considered implementing Restorative Justice efforts during trials as a factor in determining the severity ... view more
Restorative justice is currently being utilised as an alternative method for resolving criminal cases. As this approach continues to evolve, there have been numerous instances where judges have considered implementing Restorative Justice efforts during trials as a factor in determining the severity of punishment. This study aims to identify the legal foundation for implementing Restorative Justice at the Court Level and examine the considerations made by judges when applying Restorative Justice in sentencing criminal cases. This research employs a prescriptive normative legal research methodology, incorporating both a statutory approach (statute approach) and a contextual approach (conceptual approach). Primary and secondary legal materials and relevant non-legal materials are utilised in this study. The findings of this research demonstrate that the Supreme Court has long embraced the concept of restorative justice through implementing policies. Furthermore, it has become a significant factor for judges to consider when making decisions.... view less
Classification
Judiciary
Free Keywords
Criminal Decisions; Restorative Justice; Judge Consideration
Document language
English
Publication Year
2024
Page/Pages
p. 4011-4017
Journal
Path of Science, 10 (2024) 6
ISSN
2413-9009
Status
Published Version; peer reviewed