scholarly journals Victims of attempted murder in India: An analysis of impact of victimization and responses of criminal justice system

Temida ◽  
2006 ◽  
Vol 9 (2) ◽  
pp. 3-10
Author(s):  
Karuppannan Jaishankar ◽  
Uma Sankary ◽  
Dhorababu Dhayanand
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Psychological Impact ◽  
The Public ◽  
Attempted Murder ◽  
Financial Gain ◽  
Indian Context ◽  
Sweeping Generalization ◽  
Empirical Generalizations

The problem of murder is not new phenomenon in India. Today large number of murders, attempt to murder are occurring for financial gain, besides stranger killing is also increasing. An attempt in the present study has been made to understand the nature and extent of victimization of attempted murder from the Indian Context. The aim of this study is to fill the gap in the literature on victims of attempted murder; however, this study is not to make all encompassing empirical generalizations, but to understand the physical, financial, and psychological impact of victimization. Also the responses of the criminal justice system and the public are analyzed. The results show an extensive pattern of attempted murder victimization, though a sweeping generalization is not made due to certain limitations.

Reforming the criminal justice system – an ethical leadership approach

2017 ◽  
Vol 13 (2) ◽  
pp. 64-75 ◽  
Author(s):  
Verl Anderson ◽  
Riki Ichiho
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Ethical Leadership ◽  
Justice System ◽  
Ethical Issues ◽  
Content Type ◽  
The Public ◽  
Moral Perspective ◽  
Conceptual Paper ◽  
Practical Implications

Purpose The current criminal justice system is pledged to serve and protect society while preserving the rights of those who are accused. The purpose of this paper is to explore the premise of “innocent until proven guilty” and examine whether this assumption truly prevails under the current criminal justice system, or be modified to accommodate a sliding continuum of virtuosity. Design/methodology/approach This paper is a conceptual paper which relies heavily on the current literature about criminal justice and related ethical issues. Findings The paper argues that today’s criminal justice system fails to meet the standards of the virtuous continuum and that those who oversee that system need to rethink how the system operates and is perceived by the public if they wish the criminal justice system to be perceived as just, fair, and ethically responsible. Research limitations/implications Because this paper is a conceptual paper it does not present research hypotheses. Practical implications This paper suggests that “virtue” and “ethics” must be the foundation upon which the criminal justice system is evaluated, and criminal justice must incorporate an ethical standard which is virtuous and fair to all parties and leaders who oversee that system must meet the standards suggested by the virtuous continuum. Originality/value This paper is among the first to identify the viewpoint of the virtuous perspective, moral perspective, amoral perspective, and immoral perspective in the criminal justice system.

Efficiency and effectiveness of the penitentiary system: assessment and planning

2021 ◽  
Author(s):  
Valeriy Terehin ◽  
Viktor Chernyshov
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Economic Losses ◽  
Educational Institutions ◽  
Penal System ◽  
Law Enforcement Agencies ◽  
Predictive Values ◽  
The Public ◽  
Efficiency And Effectiveness

The issues of setting goals, planning and forming a system of indicators of the effectiveness and efficiency of the penal system are considered. The criteria for determining the goals-tasks that are adequate to the public goals of the system are justified. Quantitative indicators corresponding to the criteria were developed, based on the contribution of the criminal justice System to reducing the socio-economic losses of society from recidivism. The contribution of the system is determined by changes in the criminal potential of convicted persons during the period of serving a sentence under a court sentence. Criminal potentials are estimated by predictive values of the aggregate of three groups of characteristics of the criminal potential of convicts, determined by the stages of the cycle of recidivism. The practical results of the use of sound methods and developed tools are based on the use of a significant amount of empirical data on the institutions of the criminal justice system and its systematic expert and statistical analysis. The monograph is a generalization and development of the works carried out by the authors during 2012-2017 in the process of preparing masters of Management for the penal system. It is intended for managers and specialists of the bodies and institutions of the Criminal Justice System, researchers, teachers of higher educational institutions who train specialists for law enforcement agencies.

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.

“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.

Beyond Recidivism

2020 ◽  
pp. 13-38
Author(s):  
Elsa Y. Chen ◽  
Sophie E. Meyer
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Data Sharing ◽  
Justice System ◽  
Political Will ◽  
The Public ◽  
Technological Limitations ◽  
Privacy And Confidentiality ◽  
Different Levels ◽  
Integrate Data

This chapter highlights a number of flaws with current practices in the measurement of recidivism and offers suggestions for improvements in the measurement, collection, and sharing of data related to the experiences of individuals returning to society from incarceration. Problems with current measures of recidivism include lack of precision, lack of standardization, and possible bias. Multiple, precise, and uniformly defined measures should be used. Measures that focus on reengagement with the criminal justice system are insufficient to gauge a reentering individual’s progress, which is likely to be incremental, will probably involve setbacks, and inevitably spans numerous policy areas. Instead of primarily emphasizing reentering individuals’ risks of recidivating, more attention should be paid to their needs, and to information about access to reentry resources to address those needs. Data sharing between different levels of government and policy domains, between custody and community, and across the public and nonprofit sectors can improve the delivery of resources and services, reducing waste and improving lives. Concerns about privacy and confidentiality, technological limitations, insufficient funding and capacity, and lack of motivation currently impede efforts to share and integrate data. With political will, support, and resources, obstacles to data sharing can be overcome.

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.

The Protection of the Accused from Miscarriage of Justice

1997 ◽  
Vol 31 (1-3) ◽  
pp. 590-611
Author(s):  
A.A.S. Zuckerman
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Small Proportion ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Trial ◽  
Large Measure ◽  
The Public ◽  
Miscarriage Of Justice

The criminal trial system is regarded as standing at the pinnacle of the state's machinery for dealing with crime. But the courts deal with only a small proportion of crimes committed. Their function is more indirect: to express societal disapproval through a public and somewhat theatrical show. This is not to denigrate the role of the courts or dismiss it as futile. The criminal trial does have important functions in the development of norms for criminal responsibility and in fostering respect for the law. But its success in this regard hinges on the extent to which it is perceived as a just and effective method for dealing with those charged with crime. Put crudely, the success of the criminal justice system turns in large measure in the success of the show it puts on. But theatre is good only for as long as it is able to carry the audience with it, which, in the case of the courts, this means as long as the public is prepared to accept their verdicts at face value.

scholarly journals The State’s Economic Protection by the Criminal Justice System Corruption: A Case Study

2020 ◽  
Vol 16 (1) ◽  
pp. 59-69
Author(s):  
Kamri Ahmad ◽  
Hambali Thalib ◽  
Mursyid Muchtra
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Economic Security ◽  
Public Prosecutor ◽  
The Public ◽  
The Supreme Court ◽  
Nickel Mining ◽  
Financial Losses

This study aims to identify efforts to protect the state's economic security through the criminal justice system in the case of nickel mining in Malapulu Block, Kabaena Island, Southeast Sulawesi, Indonesia. The Supreme Court has decided the case with decision number 2633 K/Pid/Sus/2018. This research was conducted with a qualitative approach through analysis of the description of the prosecutor's indictment and the judge's decision. The results obtained in the study show that the KPK Prosecutor made a mistake by withdrawing the appeal that had been made. This condition results in the lack of consideration made by judges in decision making. Secondly, legal experts do not provide a difference in the meaning of economic and financial losses for the state in judex factie and judex jurist. Third, the indictment by the public prosecutor has not described the form of crime committed as an extraordinary crime. Fourth, there is negligence in the corporate sentence.

scholarly journals KEADILAN RESTORATIF DALAM PENYELESAIAN PERKARA ANAK YANG BERHADAPAN DENGAN HUKUM DALAM SISTEM PERADILAN PIDANA ANAK

2017 ◽  
Vol 4 (1) ◽  
pp. 57
Author(s):  
Andri Winjaya Laksana
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Recovery Process ◽  
The Public ◽  
Criminal Offenses ◽  
The Law ◽  
Court Proceedings ◽  
Perpetrators And Victims

Restorative justice in the settlement of cases of off-the-shelf criminal offenses emphasizing the rearation of the consequences caused by criminal acts by empowering the recovery process and the interests of all involved both perpetrators and victims, as well as the public. The caseresolution model outside the court proceedings is a method that is expected to be undertaken to protect the psychology of a child facing the law in the criminal justice system

OPTIMALISASI ASAS OPORTUNITAS PADA KEWENANGAN JAKSA GUNA MEMINIMALISIR DAMPAK PRIMUM REMEDIUM DALAM PEMIDANAAN

2020 ◽  
Vol 6 (1) ◽  
pp. 213-236
Author(s):  
Yodi Nugraha
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Public Interest ◽  
Justice System ◽  
Attorney General ◽  
Criminal Code ◽  
Comparative Approach ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
The Public

In the Indonesian criminal justice system, every public prosecutor possesses the authority to cease criminal prosecution in the name of public interest. In contrast, in the Netherland, only the Attorney General (Procureur Generaal) at the Supreme Court has this authority.  This article discusses this authority to cease of terminate criminal prosecution in the name of public interest.  To do this a comparative approach is used in which the ruling of this authority to terminate criminal prosecution as found in the Draft of the Indonesian Criminal Code will be compared against the same regulation and policy used in the Netherlands.  A doctrinal and comparative law approach will be used. One recommendation resulting from this research is the need to re-evaluate the existing procedure and requirement of terminating criminal prosecution in the public interest in the Indonesian context and the introduction of Rechter-Commissaris into the criminal justice system.

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