Source: (2013) In, David J. Cornwell, John Blad, and Martin Wright, eds., Civilising criminal justice: An international restorative justice agenda for penal reform. pp. 381-407.

Problems arise because of the assumptions on which the system is based: that there is a clear dividing line between civil and criminal law; that if an action can be treated as criminal, it should be (the legality principle; and that criminals should be punished. This chapter will examine some of these problems, and recent moves to overcome them, the most prominent of which at present is restorative justice. (excerpt)