Plea Bargaining and Criminal Justice in India

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.

A STUDY ON CRIMINAL AND SOCIOLOGICAL BEHAVIOR OF THE RECIDIVIST AND ITS REMEDIAL ACTIONS REGARDING THE CRIMINAL LAW OF BANGLADESH

In Criminology, recidivism is one of the most fundamental concepts. Recidivism connotes to an individual’s relapse into criminal behavior, which was already punished or has been the object of intervention. Recidivism is a criminal act that resulted in re-arrest, reconvic-tion or returns into jail with or without a new sentence after the prisoner’s release. Recidi-vism is measured through chronic criminal behavior leading to numerous re-arrests and re-imprisonments. Studies have found that more than one-half of the imprisoned have been served sentences for committing previous offenses. And the main reasons behind this are the habitual criminal behavior of the criminal, to short time of imprisonment and inade-quate measures taken by the penal institutions. Now in Bangladesh, recidivism is the most critical challenge to counterterrorism. Though the number of recidivists grows in the pris-ons of Bangladesh because of the gaps in the country’s judicial system, it is very essential to address them with a long aspect. The aim of this study is to explain the causes of the criminal behavior of the recidivist and suggest some recommendations for reducing recidi-vism from Bangladesh.

A Victorian fraudster and bigamist: Gentleman or criminal?

This article examines the case of a Victorian gentleman who operated at the tipping point between respectable gentleman and habitual criminal. The case of Henry Wilshin allows an exploration of ideas of class and respectability in Victorian England and the problematics of the distinction between the gentleman and the convict: an analysis of Wilshin’s escapades places the deconstruction of the ‘crimes of the law-abiding’ in a Victorian context. The issues remain relevant today in debates concerning the banking industry. In the mid-19th century the expanding commercial enterprise of industrial Britain presented opportunities that were grasped by the unscrupulous, but the distinction between licit and illicit activity was far from clear. A gentleman offender like Henry Wilshin challenged Victorian assumptions of respectability. This article analyses Wilshin’s career in the context of Victorian ideas of middle-class respectability and the operations of commerce. Neutralization theory will be advanced to reconcile the contradictions in Wilshin’s life.

Fighting Terror with Law? Some Other Genealogies of Pre-emption

Within criminology and criminal law the reception of post-9/11 counter-terrorist law has generally been critical, if not hostile. The undeniable proliferation of preventive statutes has been regarded as incompatible with conventional liberal norms and as dangerously innovative in its embrace of new strategies of control. But is such law innovative, and does it threaten to leach into other areas of criminal law, as some have feared? Exploring three governmental innovations – mental health law, habitual criminal controls, and civilian internment in war-time – that developed as expressions of the liberal state’s desire to ensure the safety of its citizens in times of peace and war, we argue that a more historically grounded understanding of the governmental and geopolitical contexts of security provides a surer foundation on which to construct the frameworks of interpretation of contemporary counter-terrorism law.

The ‘habitual criminal’ in nineteenth-century England: some observations on the figures

The history of crime, penal policy and policing is currently enjoying a vogue — and not least fashionable among the topics under discussion has been the question of the nineteenth-century English ‘criminal class’, the origins of the term and its social significance. Critics are divided more or less equally into quantifiers and phenomenologists, optimists and pessimists about real trends. Few are the questions about the known facts but no agreement appears in sight on the subject of their interpretation. The principal reason for disagreement, as it appears to the present writer, is the central dominance of predicative, mono-thematic perspectives and explanations — any of which will fit the facts quite well but all of which seem insusceptible to conclusive proof. First let us consider the range of dispute among the phenomenologists — each of whom may also be characterized as a univer-salist, in the sense that they seem to believe the possible range of criminal events illimitable and the figures on crime merely a reflection of external social reactions rather than evidence of any upward or downward trend in measurable events.