Towards an introduction of VORP (Victim/Offender Reconciliation Programme) in the Maltese criminal justice system

Abstract

This dissertation is an attempt to suggest within the framework of Malta's Probation of Offender's Act, 1957, a more effective rehabilitative approach. The idea is to propose a more holistic vision on the rehabilitation of the young offender by involving more the victim of the crime, the individual and community, and introduce the concept of restorative justice within our retributive justice vision. This can be possible since the 'retributive' approach, on which Malta's legal framework is based, includes also reparation and restitution, the twin concepts that Victim Offender Reconciliation Programme (VORP) embraces. Chapter 1 is a brief historical overview of how youth was considered in relation to crime and punishment. Probation was probably the most important legal development in recent years but its benefits have been the subject of a lot of debate. The concept of restorative justice will be considered in the Chapter 2 and it will be suggested that it is a concept which has many valid properties. Its history dissemination and applicability within the sphere of the juvenile and the young offender will be considered. VORP can be looked at as a tool of the balanced approach of restorative justice and an important alternative to other forms of punishment. Chapter 3 indicates its application in a number of countries including the US, UK and Germany. Available data will be used to demonstrate its strength and weaknesses and whether it has functioned in these countries. This will lead to the consideration of the possibility of applying VORP within the Maltese Criminal Justice System. The methodology to be employed will be explained and the selection of the personnel asked for their opinion indicated. The findings of the semi-structured interviews involving the personnel selected will give an indication of whether VORP should be introduced in Malta and whether it can be endorsed as part of an existing holding law. The final chapter, Chapter 5, summarises the main findings of this 1 dissertation and emphasises the need for the introduction of VORP within Malta's legal scenario. Many people have helped me during the process of researching and writing this dissertation and to them I am most grateful. From among them I would like to single out Dr. Daniel V. Van Ness, former President of Justice Fellowship, Washington D.C., and at the moment Visiting Professor in the Department of Criminology, University of Malta. A special thank you must also go to the legal personalities who very generously gave of their scarce time to consider with me the advantages the introduction of VORP would have for Malta. I would also like to thank, Dr. Andrew Willis, Senior Lecturer in Criminology, University of Leicester, who carefully tutored me throughout both the planning and the writing period. Without his generous help and insights, this dissertation might never have been written.