scholarly journals LEGAL FRAMEWORK OF ARREST AND POST-ARREST SAFEGUARDS: A COMPARATIVE ANALYSIS AS TO THE LAWS OF BANGLADESH, INDIA, AND THE UNITED KINGDOM

2021 ◽  
Vol 29 (2) ◽  
pp. 363-386
Author(s):  
Nadhratul Wardah Salman ◽  
Md Sohel Rana ◽  
Saroja Dhanapal
Keyword(s):  
United Kingdom ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Past Research ◽  
Developed Countries ◽  
Legal Framework ◽  
Good Practices ◽  
Legal Structure ◽  
The United Kingdom

The rights of arrested persons during arrests and after arrests are significantly important because the act of arrest restricts persons’ rights to liberty that are protected by the laws of all countries including Bangladesh, India, and the United Kingdom (UK). These restrictions have raised several concerns over the years. While compliance with the laws on arrest is mandatory, the actual implementation of these laws is still questionable. There are obvious gaps between the provisions of the existing laws and the actual practice. Past research also suggests that the legal structure of arrest and post-arrest in Bangladesh should be revised in comparison with the criminal justice systems of other developed countries where rights of those arrested are safeguarded. However, past research has not compared other jurisdictions, and neither is there any research conducted on best practices of other jurisdictions. As such, this article analyses the various aspects of arrest and post-arrest safeguards that exist in all the three jurisdictions, and identifies good practices to safeguard the arrested person more effectively. The objective of identifying good practices from India and the UK is to use them as a paradigm for the criminal justice system of Bangladesh. This is done through the application of a qualitative research methodology using content analysis as the approach to analyse primary and secondary sources. The comparison includes discussion on the right to know the reason of arrest, right to be brought to court, right to be free from torture, right against self-incrimination, right to be medically examined and the remedial aspect of ‘habeas corpus’. These rights that are significantly related to the rights to life and liberty, fair trial and to be presumed innocent until proven guilty. The findings show that the UK’s legal framework is far better than the ones in India and Bangladesh. It is suggested that the protection provisions enshrined in the existing criminal justice system and the current legal structure should play an important role through specific court rulings. Further, it is asserted that the police department should take accountability by incorporating the necessary changes into the existing legal structure to ensure justice prevails. The paper ends with a recommendation that monetary compensation, and a physical exemplary punishment should be imposed to ensure the safeguards of individual, both at the time of arrest and post-arrest are upheld.

scholarly journals The level of attrition in domestic violence: A valid indicator of the efficiency of a criminal justice system?

2018 ◽  
Vol 17 (3) ◽  
pp. 269-287 ◽  
Author(s):  
Julien Chopin ◽  
Marcelo F. Aebi
Keyword(s):  
Domestic Violence ◽  
United Kingdom ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Attrition Rate ◽  
The United Kingdom ◽  
Swiss Canton ◽  
Police Forces

This article studies the process of attrition through a follow-up of all cases of domestic violence registered by the police forces of one Swiss canton in the first half of 2012 ( N = 592) as they pass to the prosecution and the court stage of criminal justice proceedings. The results show that the attrition rate found in Switzerland (80 percent) is lower than the rate usually found in the United Kingdom. This rate is explained by the fact that domestic violence is usually treated by academics as a homogeneous construct, but it is in fact composed of a large variety of offences and, in practice, the vast majority of those that are reported to the police would not entail a custodial sentence.

Forensic Evidence and Terrorist Trials in the United Kingdom

1995 ◽  
Vol 54 (1) ◽  
pp. 69-99 ◽  
Author(s):  
Clive Walker ◽  
Russell Stockdale
Keyword(s):  
United Kingdom ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Royal Commission ◽  
Forensic Evidence ◽  
The United Kingdom

The issue of miscarriages of justice1 has been at the heart of much recent discourse—legal, political and social—concerning the English criminal justice system. Indeed the crisis of confidence in the system has prompted attempts to re-establish legitimacy, which include such tried and tested methods as changes of personnel,2 and the appointment of a wide-ranging Royal Commission 3 which followed the attempt to quell the disquiet by the more focused May Inquiry.4 Much of the concern has arisen from the conduct of terrorist trials in Britain in the mid-1970s, the most important and significant 5 of which for the purposes of this paper were the trials of groups of terrorist suspects commonly known as the Birmingham 6,6

“Visible” and “Invisible” Victims in the Criminal Justice System

2021 ◽  
pp. 1-23
Author(s):  
Armando Saponaro
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Common Law ◽  
The United States ◽  
Public Prosecutor ◽  
Law System ◽  
The Public ◽  
The United Kingdom ◽  
Victim Impact Statement

This chapter outlines the “conflict” and “peace-keeping” victim-oriented justice paradigms. The latter empowers the victims of crime, putting them at the center of an encounter and using interindividual mediation or collective circles to address conflict resolution. Two models are critically discussed in the conflict victim-oriented justice paradigm. The European continental “visible victim” model structures the role of the victim as a full-fledged processual party together with the public prosecutor and offender. In this model, the victim has the same rights and powers of the defendant. The “invisible victim” common law model views the victim as a trial witness, participating, for example, through a victim impact statement (in the United States) or victim personal statement (in the United Kingdom) at the sentencing stage. The visible victim conflict paradigm model enhances a victim's role and involvement in the criminal justice system, offering a solution to existing controversial and critical common law system issues.

scholarly journals The application of electronic monitoring systems in Romania: how and in what ways does electronic surveillance facilitate a convicted person s reintegration into society?

2018 ◽  
pp. 41-72
Author(s):  
VLADIMIR-ADRIAN COSTEA
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Policy Maker ◽  
Justice System ◽  
Electronic Monitoring ◽  
Good Practice ◽  
Legal Framework ◽  
Monitoring Systems ◽  
Political Consequences ◽  
Practice Models

This article identifies how electronic monitoring is defined and used in relation to the idea of reintegrating the convicted person into society. In the Romanian context, the perspective using electronic monitoring has not yet generated debates and evaluations at the academic or policy-maker levels. The originality of this research lays in the elaboration of a project for the implementation of an electronic monitoring system in the Romanian criminal justice system in relation to the “good practice models” identified in the European context. We assign a central role to the economic, social and political consequences which (re)define the legal framework of the execution of custodial sentences. The research presents the measures and strategies that the Ministry of Justice should follow in order to implement its 2018-2024 Calendar for dealing with overcrowding and detention conditions.

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