scholarly journals Justification for Implementing Victim-Offender Mediation in the Criminal Justice System of Ghana.

2020 ◽  
pp. 118-130 ◽  
Author(s):  
Enoch Amoah
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Criminal Cases ◽  
The Public ◽  
Criminal Justice Systems ◽  
Criminal Matters

This study seeks to ascertain whether there are justifications for implementing Victim Offender Mediation (VOM) – a key Alternative Dispute Resolution (ADR) process capable of solving the shortcomings of the Criminal Justice Systems of Ghana. Doctrinal approach to legal research was deployed using qualitative research method in perusing and analysing provisions of the Courts Act 1993 Alternative Dispute Resolution Act 2010, Children’s Act 1998, Domestic Violence Act 2007 and Juvenile Justice Act 2003. It also analysed literature on the use of ADR processes in criminal matters. It was found that the selected enactments with the exception of Domestic Violence Act 2007 provided justifications for implementing VOM in Ghana. The research also reveals that only offences in the categories of misdemeanor which are not aggravated in degree and offences regarded as minor offences can be referred for settlement by VOM. Further, criminal cases involving matters of public interest and those affecting the environment could not be resolved using VOM. It is recommended that the courts should take advantage of these findings to implement the use of VOM in resolving criminal cases in Ghana; the Judicial service should liaise with experts in VOM to provide training to judges and other stakeholders to enhance their capacities to implement VOM models in Ghana; and there should be sensitization of the public on the mechanics of VOM in resolving criminal cases so that a court will not appear to its audience as compromising the criminal justice system when it refers criminal cases for settlement by VOM.

Non-criminal dispute resolution in South Africa’s criminal justice system: Proposals for reform

2020 ◽  
Vol 33 (3) ◽  
pp. 646-669
Author(s):  
Navilla Somaru ◽  
Christa Rautenbach
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
Justice System ◽  
Public Domain ◽  
The Public ◽  
As If

The National Prosecuting Authority has issued a comprehensive document containing policy directives that are available only to prosecutors. This document makes provision for non-criminal dispute resolution mechanisms in the form of diversions and informal mediations where the offender is an adult. It seems as if a large number of less severe cases are disposed of in this way every year. The directives are not in the public domain, and their scope and application are shrouded in a cloud of secrecy. This contribution analyses the alternative dispute mechanisms of diversion and informal mediation available to prosecutors, which are referred to as non-criminal dispute resolution mechanisms, with the aim to propose ways to effect reform in this area.

The English Legal System

2017 ◽  
Author(s):  
Alisdair Gillespie ◽  
Siobhan Weare
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Judicial Independence ◽  
Legal Services ◽  
System P ◽  
Civil Justice System

The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and funding legal services. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution. The final part looks to the future.

On the Parole Board

2017 ◽  
Author(s):  
Frederic G. Reamer
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Rhode Island ◽  
Justice System ◽  
Life Histories ◽  
Criminal Cases ◽  
The Public ◽  
Parole Board ◽  
Realistic Appraisal

Few people experience life inside of prison. Even fewer are charged with the responsibility of deciding whether inmates should be released. In his twenty-four years on the Rhode Island Parole Board, Frederic G. Reamer has judged the fates of thousands of inmates, deciding which are ready to reenter society and which are not. It is a complicated choice that balances injury to victims and their families against an offender’s capacity for transformation. With rich retellings of criminal cases, On the Parole Board is a singular book that explains from an insider’s perspective how a variety of factors play into the board’s decisions: the ongoing effect on victims and their loved ones, the life histories of offenders, the circumstances of the crimes, and the powerful and often extraordinary displays of forgiveness and remorse. Pulling back the curtain on a process largely shrouded in mystery, Reamer lays bare the thorny philosophical issues of crime and justice and their staggering consequences for inmates, victims, and the public at large. Reamer and his colleagues often hope, despite encountering behavior at its worst, that criminals who have made horrible mistakes have the capacity for redemption. Yet that hope must be tempered with a realistic appraisal of risk, given the potentially grave consequences of releasing an inmate who may commit a future crime. This book will appeal to anyone interested in the complexities of the criminal justice system, the need to correct its injustices, and the challenges of those who must decide when justice has been served.

Integrating Alternative Dispute Resolution into South African Criminal Jurisprudence: An Urgent Need for Law Reforms

Politeia ◽  
2019 ◽  
Vol 38 (2) ◽  
Author(s):  
Prince Pius Imiera
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
South African ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
The South ◽  
Research Problems ◽  
Criminal Jurisprudence

This article argues for the inclusion of alternative dispute resolution (ADR) into the criminal justice administration of South Africa, which will ultimately result in the comprehensive legal transformation of the country’s justice system. Non-traditional dispute resolution processes, which fall within the context of ADR, are globally accepted and have been implemented in different dispute contestations. The argument whether ADR should be applied in a criminal justice context, poses normative questions concerning the function of the justice system, and sociological questions concerning the nature of criminals and crimes. Crime rates in South Africa are high and the criminal justice system may be unable to cope with the floodgates of formal litigation. In this context the article argues for the integration of ADR into the South African criminal justice system. Two major research problems are addressed through reviewing existing literature and doing desktop research. The first aspect concerns the integration of ADR into the South African criminal justice system with a view to effecting law reforms. Second, the question regarding the roles of traditional rulers in resolving criminal disputes is explored. The conclusions reached relate to the need for law reformation in South Africa, particularly in respect of the integration of ADR into criminal jurisprudence, in order to become aligned with other jurisdictions the world over.

scholarly journals Diversion In Children Criminal Justice System Through Restorative Justice

2018 ◽  
Vol 1 (2) ◽  
pp. 331
Author(s):  
Yudi Hendarto ◽  
Umar Ma'ruf
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Research Method ◽  
Negative Effects ◽  
Criminal Cases ◽  
Legal Research ◽  
Psychological Burden ◽  
Criminal Matters

The formulation of the problem and the purpose of this study is to describe and analyze the diversion urgency in handling juvenile criminal cases, and to describe and analyze Perma No. 4 of 2014 on Diversion in criminal matters menyelesaian children through restorative justice approach. This research method using normative legal research methods dengn type of research is descriptive analytical.� Based on the analysis result No. 4 of 2014 can be presented the following results, that Perma No. 4 of 2014 is needed in handling juvenile criminal cases. This is because during this time the condition of children who are in the coaching institutions, detention and permayarakatan far worse than a face appeared positive aspects of child development. Mixing children with adults in penitentiary have negative effects and its own psychological burden for the child, because he considered himself the same as adults with Perma No. 4 of 2014.Keywords: Diversion, Child Criminal Justice System, Restorative Justice

scholarly journals The Role of Judges in Guaranteeing Legal Certainty and Justice: An Analysis to the Application of Judicial Independence Principle in Criminal Cases in Indonesia

2019 ◽  
Vol 3 ◽  
pp. 201-209
Author(s):  
Vivi Ariyanti
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Judicial Independence ◽  
The State ◽  
Legal Certainty ◽  
Criminal Cases ◽  
The Public ◽  
Independence Principle

The duty and obligation of a state based on law is to provide protection for the public from all possible crimes, so that the state has a role in conducting prevention and repression of crime, and this cannot be separated from the implementation of criminal law by the state, as a tool to protect the public. The authority of the state to provide criminal sanctions is then delegated to law enforcement officers working in a system known as the Criminal Justice System. The criminal justice system itself is strongly influenced by the community environment and the field of human life. Therefore, the criminal justice system will always experience interaction, interconnection, and interdependence with its environment and sub-systems of the criminal justice system itself. One of the supporting sub-systems that have a very important role in implementing the criminal justice system is the court, which contains judges who are authorized by law to adjudicate. Judges in their capacity as authorities in the legal field have freedom as a form of independence in carrying out their duties. This independence does not mean that judges are freed from all obligations and responsibilities, but the independence of judges has the meaning of their existence as bearers of moral responsibility for upholding justice. This paper discusses the role of judges in ensuring legal certainty and justice in society, especially in handling criminal cases. This paper uses normative and philosophical analysis to the application of judicial independence principle in adjudicating criminal cases in the Indonesian criminal justice system.

Capable Women, Incapable States

2020 ◽  
Author(s):  
Poulami Roychowdhury
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Sense Of Self ◽  
Political Mobilization ◽  
The Public ◽  
Legal Enforcement ◽  
Criminal Justice Systems ◽  
The Law ◽  
The Public Sphere

How do women claim rights against violence in India and with what consequences? By observing how women navigate the Indian criminal justice system, Roychowdhury provides a unique lens on rights negotiations in the world’s largest democracy. She finds that women interact with the law not by following legal procedure or abiding by the rules but by deploying collective threats and doing the work of the state themselves. They do so because law enforcement personnel are incapacitated and unwilling to enforce the law. As a result, rights negotiations do not necessarily lead to more woman-friendly outcomes or better legal enforcement. Instead, they allow some women to make gains outside the law: repossess property and children, negotiate cash settlements, join women’s groups, access paid employment, develop a sense of self-assurance, and become members of the public sphere. Capable Women, Incapable States shows how the Indian criminal justice system governs violence against women not by protecting them from harm but by forcing them to become “capable”: to take the law into their own hands and complete the hard work that incapable and unwilling state officials refuse to complete. Roychowdhury’s book houses implications for how we understand gender inequality and governance not just in India but in large parts of the world where political mobilization for rights confronts negligent and incapacitated criminal justice systems.

Strengthening the Criminal Justice System in Nigeria through Alternative Dispute Resolution

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Mariam Abdulraheem-Mustapha
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
Qualitative Method ◽  
Law Enforcement Agencies ◽  
Whole Process ◽  
Effective Administration ◽  
Training Courses

It is generally argued that criminal justice system is entrusted with the responsibility for controlling criminal behaviour and punishing the offenders. The process commences with the commission of a crime and continues with subsequent interventions by the law-enforcement agencies. However, many factors come into play in determining whether or not the whole process runs its full course, considering its inefficiency in recent times. Using a qualitative method, this article examines the effectiveness or otherwise of the newly introduced alternative dispute resolution (ADR) in terms of the Administration of Criminal Justice Act, 2015, in order to ascertain whether or not the concept is comprehensive as a mechanism for protecting the victims, the accused person and society. The findings revealed that the current criminal justice system in Nigeria is poor, ineffective and in dire need of reform. The article therefore recommends, among other things, that Nigeria move away from the conventional retributive justice system and incorporate a restorative or reparative justice system. ADR should also be strengthened in order to provide for effective and timely dispute resolution that is able to support a modern economy. Furthermore, there should be more training courses for all the participants in the justice system, as training will serve to enhance the effective administration of criminal justice in Nigeria.

scholarly journals The Evidentiary Rules of Engagement in the War against Domestic Violence

2017 ◽  
Author(s):  
Erin R. Collins
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Cases ◽  
Mandatory Arrest ◽  
Front End ◽  
The People ◽  
Evidence Rules ◽  
Criminal Justice Response

Our criminal justice system promises defendants a fair and just adjudication of guilt, regardless of the character of the alleged offense. Yet, from mandatory arrest to "no-drop" prosecution policies, the system's front-end response to domestic violence reflects the belief that it differs from other crimes in ways that permit or require the adaptation of criminal justice response mechanisms. Although scholars debate whether these differential responses are effective or normatively sound, the scholarship leaves untouched the presumption that, once the adjudicatory phase is underway, the system treats domestic violence offenses like any other crime.This Article reveals that this presumption is false. It demonstrates that many jurisdictions have adopted specialized evidence rules that authorize admission of highly persuasive evidence of guilt in domestic violence prosecutions that would be inadmissible in other criminal cases. These jurisdictions unmoor evidence rules from their justificatory principles to accommodate the same iteration of domestic violence exceptionalism that underlies specialized front-end criminal justice policies. The Article argues that even though such evidentiary manipulation may be effective in securing convictions, enlisting different evidence rules in our war on domestic violence is unfair to defendants charged with such offenses and undermines the integrity of the criminal justice system. It also harms some of the people the system seeks to protect by both reducing the efficacy of the criminal justice intervention and discrediting those complainants who do not support prosecution.

scholarly journals Recent Trends in Criminal Law Reform

2005 ◽  
Vol 33 (3) ◽  
pp. 857-884
Author(s):  
Gilles Létourneau ◽  
Suzan Zimmerman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Alternative Dispute Resolution ◽  
Justice System ◽  
New Technology ◽  
Law Reform ◽  
Court Reform ◽  
Administrative Reforms ◽  
Recent Trends ◽  
Criminal Matters

A review of recent legislative, judicial and administrative reforms in criminal matters shows an increased thrust toward greater fairness and efficiency of the criminal justice system. This has materialized in an increased protection of individual rights, a renewed interest in diversion and alternative dispute resolution mechanisms, a streamlining of the process through court reform, caseflow management and a simplification of the criminal procedure and a greater openness to the use of new technology. Although contradictory at first sight, efficiency and fairness are two necessary and complementary attributes of the criminal justice system.

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