There are striking similarities between Canadian and New Zealand criminal systems. They both face similar problems. It seems logical that one nation will be able utilize the learning curve and experiences of the other nation in regards to the implementation of restorative justice, and vice-versa. A sentence imposed on an offender following the commission of an offence should address the needs and concerns of the victim, offender, and society. Restorative justice is an attempt to do this, but the theory must be implemented in a way that is reasonable, just, and in accordance with fundamental justice. .
II. CRIMINAL LAW AND SENTENCING.
A general definition of crime is very easy to obtain and understand. The Canadian Oxford Dictionary defines a crime as, "an offence punishable by law illegal acts as a whole." , and criminal as "a person who has committed crime or crimes." Black's Law Dictionary purports a crime to be, " social harm that the law makes punishable; the breach of a legal duty treated as the subject matter of a criminal proceeding" and criminal law as, "the branch or division of the law which treats of crimes and their punishments." These straightforward definitions of crime, criminals, and criminal law; however, one must not be mislead one to believe that the science and study of criminal law is simplistic in nature. Academics, legal practitioners, and even Judges often disagree on many aspects of criminal law, including the proper sanctions to be placed on criminals. .
There have been many changes in the treatment of offenders in the criminal justice system. For example, to a certain degree, many legal systems have moved away from the harsh practices of public torture, mutilation, banishment, and public hangings to more humane treatment. The relatively new concept of restorative justice is an effort to move away from "bigger threats, more punishment" mentality in the justice system.
