scholarly journals The Scope of Informal Justice Mechanisms in ‘Criminal Justice System’: Critical Observations on Principles, Theories and Prospects

2013 ◽  
pp. 9-36 ◽  
Author(s):  
Yubaraj Sangroula
Keyword(s):  
Criminal Justice ◽  
South Asia ◽  
Criminal Justice System ◽  
Justice System ◽  
Plea Bargaining ◽  
Criminal Cases ◽  
Community Mediation ◽  
Informal Justice ◽  
The Government ◽  
Formal Justice

The quintessence of the paper is conception of a criminal justice system in which formal justice system and informal justice system jointly work to achieve the greater goal of ensuring security and respecting human dignity. In order to accomplish such complementarily, the conventional stereotypes on retributive, colonial and punitive approaches to the criminal justice system devoid of victimcentrality would have to be done away with. The cancerous vestiges of the colonial thinking are observable in South Asia and have eroded the faith of people upon the government and the justice system acting as a stimulus for designing an effective informal justice system, which has already been in practice since time memorial. With regards to South Asia, it is exemplified by the paralegal committee, Shalis Kendra, Union Parishad and Lok Adalat. The scope of informal justice system in criminal cases manifests in form of community mediation, plea bargaining, restorative negotiation and revocation of cases. Nevertheless, clear guidelines must be formulated to avoid potent problems in the mechanism.

Back to the Future: The Centrality of Plea Bargaining in the Criminal Justice System

2003 ◽  
Vol 18 (2) ◽  
pp. 133-142
Author(s):  
Milton Heumann
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Plea Bargaining ◽  
Careful Analysis ◽  
Historical Study ◽  
Criminal Cases ◽  
Court Records ◽  
General Ground ◽  
Looking Back

Using Professor George Fisher's wonderful new book, Plea Bargaining's Triumph as a springboard and roadmap for a journey into plea bargaining's past and present status, this brief essay will attempt to build a theory accounting for the centrality of plea bargaining in today's—and tomorrow's—criminal justice system. By looking back, Fisher illuminates the present, and suggests a future for plea bargaining in the disposition of the cases. His analysis ends with “plea bargaining's triumph;” with its emergence as the single most important (and powerful) factor in the disposition of criminal cases. I will applaud, but qualify his arguments and speculate about “plea bargaining's future.” His looking back, led him to conclude that plea bargaining coopted or caused most criminal justice innovations of the past two decades, and that almost anthropomorphically, it emerged victorious. His understanding of the “causes” of plea bargaining's centrality deserves applause along with qualification; his painting of a picture of plea bargaining “victory” is correct, and is fruitfully linked to a future informed by his understanding of a past.First, some general ground rules for what I will and will not do in this essay. I will not systematically or exhaustively summarize Fisher's arguments, nor will I referee the disagreements he surfaced with the respect to the work of many major studies of plea bargaining and its history. Suffice it to say that this is a very careful historical study of the origins of plea bargaining, and that it primarily relies on a very detailed and very, very careful analysis of the court records of Middlesex County, Mass., mostly for cases disposed of in the 19th century. Based on these data, and secondary analyses of data from studies of plea bargaining in other jurisdictions, Fisher builds a theory of the growth of plea bargaining that is sometimes original, always engaging, and inevitably provocative. Though I take issue with some of his arguments, he must be lauded for the care and clarity of his presentation, and for the enormous literature he uses to develop and support his case.

Glimmers of hope: A report on the Philippine Criminal Justice System

2016 ◽  
Vol 98 (903) ◽  
pp. 845-849
Author(s):  
Roy Panti Valenzuela
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Public Trust ◽  
The Philippines ◽  
Criminal Cases ◽  
The Government ◽  
Population Urbanization

AbstractThere is a saying: “Justice delayed is justice denied.” The perception of a continuing failure of the Philippine criminal justice system to deliver fast and efficient justice has inevitably led to the erosion of public trust in the government. As a consequence, citizens are laden with anxiety because of unabated criminality and violence in their communities. The type of justice that leads to peace and prosperity continues to be elusive in the Philippines as the worsening scenario of jail congestion continues to manifest its malevolent implications for the human rights of prisoners. It appears that the culprit is an overwhelmed machinery of criminal justice that has not been able to keep pace with growing rates of population, urbanization and criminality. There is also an apparent imbalance in the justice structure where there are too few judges, prosecutors and public defence attorneys to process the cases filed by the numerous law enforcers who file criminal cases. This leads to bottlenecks in criminal justice procedures and has resulted, in not a few instances, in human rights crises in jails. However, emerging developments give some hope to Filipinos.

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.

scholarly journals PROVIDING A SENSE OF JUSTICE: Informal mechanisms for dealing with domestic violence

2016 ◽  
Author(s):  
Kelley Moult
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Informal Justice ◽  
Justice Process ◽  
Sense Of Justice ◽  
Formal Justice

Informal justice structures are used by many women for dealing with domestic violence. Their services more closely meet the needs of women than the criminal justice system, in terms of the immediacy with which they resolve problems, their focus on mediation and resolution rather than arrest and punishment, and their affordability. For resolving domestic conflicts, alternative justice mechanisms seem to have much more legitimacy for those involved than the formal justice process.

Behavioral Economics and Plea Bargaining

2014 ◽  
pp. 642-663
Author(s):  
Russell Covey
Keyword(s):  
Criminal Justice ◽  
Behavioral Economics ◽  
Criminal Justice System ◽  
Cognitive Bias ◽  
Justice System ◽  
Cognitive Biases ◽  
Plea Bargaining ◽  
Criminal Cases ◽  
Criminal Defendant ◽  
The Us

Numerous documented cognitive biases, including loss aversion, confirmation bias, and overconfidence, seem to work against resolution of criminal cases through plea bargaining, since doing so requires a criminal defendant to accept immediate loss (punishment) and forfeit the possibility of no loss (acquittal) in exchange for a future benefit (reduction of punishment). This chapter considers why plea bargaining is so prevalent in the US criminal justice system, notwithstanding the existence of so much potentially plea-discouraging cognitive bias. The principal explanation is that the criminal justice system is functionally designed to overcome cognitive bias in order to induce defendants to plead guilty. Incorporation of the insights of behavioral economics into plea-bargaining theory provides a more nuanced explanation of the shape of many features of our criminal justice system and casts new light on the factors that drive plea-bargaining outcomes.

Suspended Sentences in Spain: An Alternative to Prison or a “Bargaining Chip” in Plea Negotiations?

2020 ◽  
Vol 28 (4) ◽  
pp. 354-378
Author(s):  
Daniel Varona ◽  
Steven Kemp
Keyword(s):  
Regression Analysis ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Plea Bargaining ◽  
The Other ◽  
European Research ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
The One

Abstract Criminal proceedings in many European states are increasingly being resolved via plea bargaining agreements; yet, there is relatively scant European research on the implications for the defendant or the role this practice plays within the criminal justice system. Using a sample of 1417 criminal cases, this paper examines how suspended prison sentences may be utilized in Spain to encourage or coerce defendants into a guilty plea. In addition to more traditional regression analysis, covariates are controlled through an entropy balancing process. The findings show defendants who agree a plea deal are indeed less likely to enter prison, which has profound implications for criminal justice in Spain and beyond. On the one hand, it appears plea bargaining is being used to improve the efficiency of the system and, thus, maintain its very existence. On the other hand, issues regarding false confessions and sentencing disparities are specifically highlighted.

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.

Cultural competence in criminal justice

2015 ◽  
Vol 23 (5) ◽  
pp. 39-42
Author(s):  
Angela Herbert MBE
Keyword(s):  
Criminal Justice ◽  
Cultural Competence ◽  
Criminal Justice System ◽  
Justice System ◽  
Chief Executive ◽  
Skills Training ◽  
Voluntary Organizations ◽  
Content Type ◽  
The Government ◽  
Minority Ethnic

Purpose – Considers the role of cultural competence in the criminal-justice system and the crucial role that can be played by the right kind of training. Design/methodology/approach – Argues that there are no quick solutions to disproportionality of black and minority ethnic people in the criminal-justice system but advances the view that while individuals are incarcerated, it is important for the organization and its staff to make provisions that will make a difference. Findings – Suggests that any training provision should be made subject to those industries that are likely to employ black minority ethnic (BME) people, and that offering skills in prison that do not reflect cultural attainment in industry would be setting individuals up to fail. Practical implications – Urges that awareness and training should be embraced throughout all organizations from government policymakers, chief executive officers, management board, operational staff and partners, voluntary organizations and the client or user. Social implications – Argues that commitment from the government and the prison service can result in the provision of the kinds of cultural-competence learning and skills training that can more appropriately meet the needs of, in particular, BME individuals who are frequently ill-equipped when they leave the judiciary system. Originality/value – Concludes that this support would also help to communicate and promote awareness of other people’s cultures, provide insight into their understanding of the organization’s culture while also enabling the public to understand the importance of implementing positive change.

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

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.

Sign in / Sign up

Export Citation Format

Share Document