Reformative justice : the balance between parole and victims of crime

Abstract

This research project intends to focus on the system of reformative justice from the perspective of the offender and of the victim in order to learn if there is a balance between both systems. Amongst the several forms of reformative justice, this research will only focus on parole. It is known that there are various systems that tend to assist the offender in his rehabilitation, among which probation. Thus, this research will explain and focus on how the system of parole works and who is eligible to apply for parole. On the other hand, it will also explain how the system works with the victims of crime and what the remedies for the victims are in order to restore the damage that has been suffered by the victims themselves. This research will also explain various acts, such as Chapter 516 and Chapter 539 of the Laws of Malta. The study will also make reference to the European Union Directive 2012/29/EU (establishing minimum standards on the rights, support and protection of victims of crime), which deals with the European Union perspective on victims of crime. This study will provide a comparative overview of both the system of parole and the way victims of crime are treated. It will also briefly mention the history and some theories of both systems. Current issues with regards to the matter will also be discussed such as the eligibility to apply for parole for an offender that has been sentenced for life. An explanation will be provided on the Victim’s Charter: A Charter for Victims of Crime in relation to the Restorative Justice Act (Cap.516) that focuses on the procedure that the victim must comply with in order for justice to be restored. Qualitative research will be applied for this study in order to find this balance between the system of parole and that of victims of crime. In order to further understand the current situation in Malta, informal meetings will be held with several representatives of the Probation and Parole Department. A conclusion will be drawn following the research on this subject.