Recent Trends and Repercussions in Civil and Criminal Justice Systems

Author(s):  
Mitsu Parikh ◽  
V. S. Krishna

The reform of civil and criminal justice systems is a contentious issue and has become the top priority for the international community in re-establishing the rule of law. The justice systems in many common law jurisdictions are perceived to be ‘in crisis' deformed by exorbitant delay, cost, and complexity in proceedings. The level of resources engulfed in the judicial system has very little or no impact on judicial performance. Comparative and comprehensive analysis of the law not only leads to a better realization of the foreign laws, but also it aids with law unification. This chapter will attempt to highlight the issues in the civil and criminal justice system and comparatively analyze the scenario in England, Singapore, and India. In furtherance, the authors explore the possible methods to curb the delay in justice systems and canvas the modern trends in civil and criminal justice policy.

2013 ◽  
Vol 14 (9) ◽  
pp. 1889-1908 ◽  
Author(s):  
Kerstin Braun

Historically, victims of crimes were key participants in the prosecution of crimes around the globe. Over the centuries, however, as public police and prosecution service took over the prosecution of criminal acts, the importance of victims in criminal justice systems decreased in common law and civil law countries alike. The victim was sidelined and the victim's role was reduced to that of a witness for the prosecution. As one of the first scholars to comment on the absence of victims from the criminal justice system, William Frank McDonald referred to the victim as “the forgotten man” in criminal procedure.


Author(s):  
Chrysanthi S. Leon ◽  
Corey S. Shdaimah

Expertise in multi-door criminal justice enables new forms of intervention within existing criminal justice systems. Expertise provides criminal justice personnel with the rationale and means to use their authority in order to carry out their existing roles for the purpose of doing (what they see as) good. In the first section, we outline theoretical frameworks derived from Gil Eyal’s sociology of expertise and Thomas Haskell’s evolution of moral sensibility. We use professional stakeholder interview data (N = 45) from our studies of three emerging and existing prostitution diversion programs as a case study to illustrate how criminal justice actors use what we define as primary, secondary, and tertiary expertise in multi-agency working groups. Actors make use of the tools at their disposal—in this case, the concept of trauma—to further personal and professional goals. As our case study demonstrates, professionals in specialized diversion programs recognize the inadequacy of criminal justice systems and believe that women who sell sex do so as a response to past harms and a lack of social, emotional, and material resources to cope with their trauma. Trauma shapes the kinds of interventions and expertise that are marshalled in response. Specialized programs create seepage that may reduce solely punitive responses and pave the way for better services. However empathetic, they do nothing to address the societal forces that are the root causes of harm and resultant trauma. This may have more to do with imagined capacities than with the objectively best approaches.


2021 ◽  
Vol 28 (1) ◽  
pp. 36-47
Author(s):  
Jacek Moskalewicz ◽  
Katarzyna Dąbrowska ◽  
Maria Dich Herold ◽  
Franca Baccaria ◽  
Sara Rolando ◽  
...  

2017 ◽  
Vol 64 (3) ◽  
pp. 191-208
Author(s):  
Mike Nellis

The term ‘digital justice’ has been used by the Scottish Government to delineate the potential of information and communication technology (ICT) in its civil, administrative and criminal justice systems. This paper concentrates on the latter area, outlining the content of the original 2014 digital justice strategy document and the subsequent Holyrood conferences used to promote it (Scottish Government, 2014). It notes gaps in the strategy, not least a failure to specify what human beings could and should be doing in digitized justice systems, and ambiguity about the endpoint of ‘full digitization’, which could be very threatening to existing forms of professional practice. It sets the policy debate in the broader context of increasing automation and the more critical literature on digitization, concluding with recommendations for a revised policy document, ideas which may be of interest outside Scotland.


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