Globalization and Restorative Justice: in the Thai Criminal Justice System

Jutharat Ua-amnoey*

What is Restorative Justice?
Many scholars and organizations throughout the world have attempted to define "restorative justice" One such definition was offered by the United Nations (Economic and Social Council, 2002):

"Restorative Justice is an alternative measure in the criminal justice process that is not punitive in nature but rather seeks to render, justice to offenders and victims alike, instead of tilting the balance heavily in. favor of one of the stakeholders to the disadvantage of another and. focuses on the social harmony as the ultimate goal as well " This
definition clarified the aim, output, and outcome of using a restorative justice process. Other scholars, such as Tony Marshall (1997), who focus on dealing with the aftermath of the offence define restorative justice as "a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications. for the future " Whereas, in the opinion of non-government network agents such as Van Ness and Crocker (2003) who are much more interested in the process of restorative justice, "Restorative. justice is defined as a systematic response to wrongdoing that emphasizes healing the wounds of victims offenders and communities caused or revealed by crime. Practices and programs reflecting restorative purposes will respond to crime by: identifying and taking steps to repair harm; involving all stakeholders and transforming the traditional relationship between communities and their governments " However, Kittipong Kittayarak (2545, p.180), the change agent of the Thai criminal justice system who has adopted restorative justice from meeting with United Nations' experts, explained: "Restorative justice is a new innovative approach to doing justice. It is more than a program or policy because it is an important alternative dispute resolution. It is being called a new paradigm or philosophy. " This approach necessitates a paradigm shift and the adoption of an alternative to mainstream criminal justice for solving the prison overcrowding neglected crime victims and community problems as well.

My conclusion is that. Restorative justice is the philosophy, theories and actions needed to manage conflict, negative or offending behavior using a peacemaking method that approaches victims as the center of the process for access to social ,justice. By this measure, both offenders and communities can be responsible in solving crime problems. The offender has the opportunity to show his accountability through the community's commitment to empowering and encouraging responsibility for the outputs of the offender's behavior by, for example, healing the trauma, restoring emotional balance, and fixing material things for victims. Likewise, communities could learn from dealing with occurrences of crime.

Furthermore, the "Restorative outcome" means "an agreement reached as the result q1 'a restorative process. Examples of restorative outcomes include restitution, community service, and any other program or response designed to accomplish reparation of the victim and community, and reintegration of the victim and/or the
offender " (United Nations, Economic and Social Council, 20 April 2000)

The Fundamental Principles of Restorative Justice
Tony Marshall (1997) and Ron Calassen (1996) noted that the fundamental principles of Restorative Justice are that: