Restorative Justice Implementation in Juvenile and Family Court : A Study of Development of Special Measures in Lieu of Criminal Proceedings after The Prosecution

Abstract

        Perspectives on juvenile criminal justice system have been developed with a view to reform juvenile offenders rather than to meet out punishment. It is involved to UNODC standards. To divert criminal cases from juvenile justice, Juvenile and Family Court and Procedure Act B.E. 2553 (2010) contains the special measure in lieu of criminal prosecution in section 90 applied from Restorative Justice. Although the law contains apparently views of procedures, there is something need to be improved in details. The purpose of this article is to introduce the study of restorative justice implementation in juvenile justice with “special measure in lieu of criminal proceedings after the prosecution” by Juvenile and Family Court. The analysis approaches of policy implementation process have been used. By considering critical success and failure factors of implementation is able to indicate problems and obstacles of the proceedings implemented in Juvenile and Family Court. To be able to solve these troubles, then it leads to the suggestions of developmental ways of special measure in lieu of criminal proceedings after the prosecution. It is deemed appropriate to revise the law, manage the resources, setup the structure of implementers, and care for juvenile rehabilitation. However balancing these, harm restitution from crimes, and social context is needed in order to implement restorative justice in Juvenile and Family Court successfully.