Fundamental Values of the Justice System

2011 ◽  
Author(s):  
Shimon Shetreet
2006 ◽  
Vol 13 (2) ◽  
pp. 157-177 ◽  
Author(s):  
Jonathan Doak ◽  
David O'mahony

The task of delineating an appropriate role for the victim in the criminal justice system has been the subject of considerable debate in academia and policy circles for some time. While victim participation is considered something of a sine qua non of the restorative paradigm, many commentators remain sceptical of victim input in conventional sentencing on the grounds that it may lead to the imposition of overly harsh or onerous obligations. Drawing on evidence from a major evaluation of youth conferencing in Northern Ireland, this article challenges the assumption that victims are essentially punitive parties, and calls for a rethink of some of the fundamental values and assumptions that have traditionally resulted in their exclusion and even alienation in the criminal justice system.


2018 ◽  
Vol 64 (4) ◽  
pp. 483-505
Author(s):  
Shimon Shetreet

In the context of the legitimacy of the justice system and respect for fundamental values, such as judicial independence and impartiality, accessibility to the justice system, efficiency, fairness, and public confidence in the courts, this article demonstrates that the application of certain values might contradict and conflict with the application of others. The central argument of this paper is that the legitimacy of the courts is desired not only at a national level, but required internationally as well. The article concludes that, in order to maintain the legitimacy of courts and of the justice system, efforts must be made by all branches of government to promote the fundamental values of democracy and justice, and in particular - the independence of the judiciary in the administration of courts, be it by adopting the shared model of responsibility, or by fully acknowledging the ability and the social desirability of a judiciary that administrates itself.


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