Restorative justice for the juvenile justice system in Malta

Abstract

For the past three decades, the Juvenile Justice System in Malta has perturbingly not been given the requisite attention. Juvenile justice practices have not been kept abreast with strategies adopted abroad, which inter alia include restorative justice and victim-offender mediation practices that contribute to a less interventionist system vouching for a more humanistic solution to crime and other social problems (Dignan, 2007a; Dooselaere & Vanfraechem, 2007; Blad & Lauwaert, 2010 and Miers & Willemsens, 2004). This study aimed to address this niche theme by focusing on an appraisal of the Juvenile Justice System in Malta with an eye on how it can be improved to include a strong component of restorative justice vis-à-vis young offenders specifically victim-offender mediaton. Due critique was afforded to the Restorative Justice Act of Malta which manifestly disregards the juvenile justice sphere. The theoretical framework for this study builds on the societal reaction theories, (Tannenbaum, 1938; Becker, 1963; Schur, 1969; Lemert, 1974 and Goffman, 1963) as well as the restorative justice theory, which regards the community as a catalyst propelling empowerment for sustainable change (Barton, 2000; Bandura, 1990; Retzinger & Scheff, 2000 and Braithwaite, 1998). The peace theory contemplated by Galtung (2008) also informed this theoretical framework. Qualitative data was gathered through the semi-structured, elite interviews (Schoenberger, 1991; Aberback & Rockman, 2002; and Auerbach & Silverstein, 2003) conducted with six professionals working or involved in the areas under study. The interviews aimed at giving a voice to key practitioners and policy makers in the field with an eye for unraveling their experience of the juvenile justice system Triangulation of data collection (Guion et al, 2011) also comprised field observation sessions. The substantial amount of text gathered was then processed through the thematic approach (Braun & Clarke 2006). The findings demonstrated a call for change in the best interest of the child, the need for a juvenile justice system that vouches an informal resolution framework and for ameliorating a deficient systems approach deemed harmful to the juveniles themselves, their families and victims of crime. Conclusions of this study contribute to law and policy amelioration in this sphere. In conclusion a model outlining an informal resolution framework is proposed to reinforce the juvenile justice system in Malta for the benefit of all protagonists involved including the victim and the offender.