scholarly journals Plea Bargaining and Criminal Justice in India

2020 ◽  
Vol 7 (1) ◽  
pp. 32-52
Author(s):  
Pradeep Kumar Singh
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Developmental Process ◽  
Plea Bargaining ◽  
Measure Development ◽  
Continuous Review ◽  
Crime Commission ◽  
Habitual Criminal

Crime, criminals and criminality have always been serious concern for society, state and individuals. Individuals formed society to have protection for his life, property and liberty. Society to bear such liabilities created state which ultimately developed criminal justice system. Hereby, criminal justice system is developed for providing protection to life, liberty and property of individual but in developmental process individual for whose protection criminal justice system was developed, became neglected. Traditionally criminal justice system attempts to protect accused and his interests. Recently demands are made for justice to individual victim who is actual sufferer of crime commission. Recently some measures are created for providing justice to individual victim. Such measures are in process of development, and thereby, for effective justice measure development to provide justice to victim there is a need to make continuous review. Plea bargaining is one such measure recently included in Indian criminal justice system to provide justice to victim. This paper analyses plea bargaining in reference to providing of justice to victim in India. Keywords: Compensation; Criminal justice; Habitual criminal; Plea bargaining; Restorative justice; Sentence; Victim.

scholarly journals Basis and Practices of Restorative Justice: The Case of the Ethiopian Criminal Justice System

2020 ◽  
pp. 01-11
Author(s):  
Negesse asnake Ayalew
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Sampling Technique ◽  
Plea Bargaining ◽  
Research Approach ◽  
Criminal Cases ◽  
Governmental Institutions ◽  
Document Review

Purpose of the study: The Ethiopian criminal justice system views crime as an offense against the state. and is not allowed the participation of the victim and the community and also win-loss outcome. Scholars have established the concept of restorative justice which views crime as a violation of the relationship among the victims, offenders and community. Therefore, the purpose of this paper is to assess the legal and institutional basis and practice of restorative justice in Ethiopia. Methodology: This study employs a qualitative research approach and descriptive research design. The population of this study includes the victims, offenders, criminal justice system components and traditional dispute resolver. Data was collected through document review and the interview of five individuals selected through the purposive sampling technique. The collected data was then analyzed thematically. Main Findings: The results show that different governmental institutions such as the house of federation, peace minster, police, court, general attorney, and reconciliation commission have a legal recognition to apply restorative justice values and principles. Meanwhile, traditional conflict resolution mechanisms and alternative dispute resolution mechanisms have defector recognition to resolve criminal cases. Research limitations/implications: The models of restorative justice in Ethiopia entail compromise, withdrawal of charge, probation, pardon, amnesty, plea bargaining, shuttle diplomacy, suspect rehabilitation and reconciliation based on different laws. Therefore, the house of people representative should enact a comprehensive law on restorative justice. The police and general attorney should create awareness about restorative justice. Novelty/Originality of this study: Restorative justice has many benefits, but the concept itself has not been studied in detail. This study is the first of its kind to examine restorative justice in detail in the context of Ethiopia.

Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Support ◽  
Crime Victims ◽  
Property Damage ◽  
Victims Of Crime ◽  
To Receive ◽  
Legislative Measures

Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

Criminal Justice in an Era of Mass Deportation

2017 ◽  
Vol 20 (1) ◽  
pp. 12-38 ◽  
Author(s):  
Ingrid V. Eagly
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
State Level ◽  
Plea Bargaining ◽  
The United States ◽  
Criminal Court ◽  
Law Enforcement Agencies ◽  
Collateral Consequence

After a sustained period of hypercriminalization, the United States criminal justice system is undergoing reform. Congress has reduced federal sentencing for drug crimes, prison growth is slowing, and some states are even closing prisons. Low-level crimes have been removed from criminal law books, and attention is beginning to focus on long-neglected issues such as bail and criminal court fines. Still largely overlooked in this era of ambitious reform, however, is the treatment of immigrants in the criminal justice system. An unprecedented focus on immigration enforcement targeted at “felons, not families” has resulted in a separate system of punitive treatment reserved for noncitizens, which includes crimes of migration, longer periods of pretrial detention, harsher criminal sentences, and the almost certain collateral consequence of lifetime banishment from the United States. For examples of state-level solutions to this predicament, this Essay turns to a trio of bold criminal justice reforms from California that (1) require prosecutors to consider immigration penalties in plea bargaining; (2) change the state definition of “misdemeanor” from a maximum sentence of a year to 364 days; and (3) instruct law enforcement agencies to not hold immigrants for deportation purposes unless they are first convicted of serious crimes. Together, these new laws provide an important window into how state criminal justice systems could begin to address some of the unique concerns of noncitizen criminal defendants.

scholarly journals RESTORATIVE JUSTICE SEBAGAI ALTERNATIF PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA

2009 ◽  
Vol 39 (2) ◽  
pp. 238
Author(s):  
Rena Yulia
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Violent Crime ◽  
Justice System ◽  
Legal Protection ◽  
The Right

AbstractThe victim of domestic violence had needed of protection concept thatdifferent with another victim of violent crime. Participation of victim haswant to give justice for all. It is, because punishment to offender brings theimpact for victim. Restorative justice is a concept in criminal justice systemwhich is participation victim with it. The present of criminal justice system isthe offender oriented. Victim has not position to considerate offenderpunishment. Only offender can get the right and the victim hopeless. In thedomestic violence, victim and offender have relationship. Because there area family. · So, probability they have some interest in economic and relation.When wife become a victim and husband as offender, his wife hasdependency economic from her husband. It means, if husband get a decisionfrom judge, his wife will be suffer. Domestic violence is different crime. So, itis necessQ/y to made some different concept. In this article, will discussedabout alternative of legal protection for victim of domestic violence incriminal justice system to protect the victim

scholarly journals AN APPRAISAL OF THE PRINCIPLE OF RESTORATIVE JUSTICE IN THE NIGERAIN CRIMINAL JUSTICE SYSTEM

2020 ◽  
Vol 5 (12) ◽  
pp. 134-145
Author(s):  
Eni E. Alobo ◽  
John Inaku
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Federal Government ◽  
Paradigm Shift ◽  
Justice System ◽  
Criminal Jurisprudence

This paper examined the criminal justice system of Nigeria by essentially highlighting the gaps and the resultant effects of a criminal jurisprudence that was pivoted on the retributive criminal justice system only. The work conceptually analyzed the principle of restorative justice and appraised the provisions for the principle of restorative justice in the Administration of Criminal Justice Act of 2015. The paradigm shift from retributive to restoration justice as provided by the Administration of Criminal Justice Act of 2015 and the laudable consequences arising therefrom was underscored. To achieve the set goals the paper discussed the Nigerian Criminal Justice System, Restorative Justice in Perspective, the Innovative Provisions of the ACJA 2015 on Restorative Justice and New Direction for Criminal Justice in Nigeria. It concluded with a call on other States of the Federation to emulate the Federal Government in re-couching their criminal justice system on the principle of restorative justice.

The readiness of various communities for the implementation of restorative justice in the community setting: A perspective of community organization

2018 ◽  
Vol 63 (3) ◽  
pp. 386-398
Author(s):  
Taufik Mohammad
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Community Organization ◽  
Community Setting ◽  
Offender Rehabilitation ◽  
Community Members ◽  
Criminal Cases

The method of community organization can be used to implement restorative justice within the community. This study aimed at understanding whether members from seven communities in Malaysia would assume responsibility for restorative justice initiatives, accept various elements of restorative justice, and welcome offenders back into the community. The findings are mixed. Some community members believed that the community setting may offer resources for offender rehabilitation that the criminal justice system does not have; others raised concerns over various limitations such that communities may not be equipped to deal with criminal cases.

Comparing Plea Bargaining and Abbreviated Trial Procedures

2019 ◽  
pp. 702-727
Author(s):  
Gwladys Gilliéron
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Civil Law ◽  
Plea Bargaining ◽  
The United States ◽  
Wrongful Convictions ◽  
The U.S

This chapter compares U.S. plea bargaining with plea-bargaining-type procedures and penal orders in Continental Europe, with reference to Switzerland, Germany, and France. It first considers consensual criminal procedures across jurisdictions and why they exist, focusing on plea bargaining in the U.S. criminal justice system and abbreviated trial procedures in European civil law systems. It then examines the extent to which abbreviated trial procedures in civil law systems differ from plea bargaining in the U.S. system, the problems inherent in consensual criminal procedures, and the question of whether there are any solutions. In particular, it explains how plea bargaining and penal orders may lead to wrongful convictions. Finally, it discusses prospects for reform of plea bargaining in the United States and in civil law systems in Europe.

Lammy Review: will it change outcomes in the criminal justice system?

Race & Class ◽  
2017 ◽  
Vol 59 (3) ◽  
pp. 80-90 ◽  
Author(s):  
Lee Bridges
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Plea Bargaining ◽  
Forensic Analysis ◽  
Racial Justice ◽  
Ethnic Representation ◽  
Differential Outcomes ◽  
Joint Enterprise ◽  
Minority Ethnic

A forensic analysis from a criminal justice expert on the weaknesses in the findings and recommendations of the Lammy Review into Black, Asian and Minority Ethnic disproportionality in the UK’s criminal justice system. It comments on the remit (which excludes policing), the lack of real action over police gang databases and the joint enterprise ‘charge’, the inadequate understanding of plea bargaining and influence of charging, the need for a deeper understanding of outcomes particularly at the Crown Court, and the weaknesses in merely asking for more Black, Asian and Minority Ethnic representation in the system. The statistical review, the author concludes, produces snapshots of marginal disproportionality at selected stages in the process and hence an episodic analysis of criminal justice, rather than looking at the overall system’s effect in producing differential outcomes for the various ethnic groups. See also Liz Fekete, ‘Lammy Review: Without racial justice, can there be trust?’ ( Race & Class, doi: 10.1177/0306396817742074).

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