scholarly journals Victims and the criminal justice system in India: Need for a paradigm shift in the justice system

Temida ◽  
2007 ◽  
Vol 10 (2) ◽  
pp. 51-62 ◽  
Author(s):  
Murugesan Srinivasan ◽  
Mathew Eyre
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Paradigm Shift ◽  
Justice System ◽  
Crime Victims ◽  
Law Enforcement Agencies ◽  
The Past ◽  
Victims Of Crime ◽  
The Way

Until 1970s the victims of crime were a forgotten entity in the criminal justice system. The attitude began to change as the discipline of victimology came into its own. The past few decades have witnessed a revolution in the way society deals with victims of crime. Many countries have now recognized the need to provide services to victims to help them recover from the effects of crime and assist them in their dealings with the criminal justice system. But in India, there has not been any significant improvement in the position of victims in the criminal justice system. The present paper has attempted to examine the position of victims of crime in India and the criminal justice system. The paper also emphasizes the need to provide assistance to crime victims. The authors of the present paper have also suggested some of the immediate steps that are to be implemented by the law enforcement agencies in India to improve the position of victims in the criminal justice system. .

scholarly journals Role of Victim in the Criminal Justice System

2019 ◽  
Vol 3 ◽  
pp. 30-36
Author(s):  
MEERA MATHEW
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victims ◽  
Law Enforcement Agencies ◽  
Different Types ◽  
Victims Of Crime ◽  
The Impact

The victims of crime are those who have formerly endured injury or are possibly suffering as an outcome of crimes having been committed. The direct family or dependants of the direct victims, who are harmfully affected, are also included within the meaning of the term “Victims”. The predicament of the victims does not finish with the crime but it persists. It may even increase, following the crimes; since they have to face the rigors of the actuality, such as deficient support system, dearth of social backing, and sense of anxiety. They also experience the intricacy of police inquiry, magisterial investigation and criminal trial. The impact of victimization on different kinds of victims due to different types of crimes has been varied such as physical, psychological and financial. Through this paper writer has endeavored to check the situation of victims of crime in India and the criminal justice system. It is apparent that the desolation of the victims have not been effectively addressed or even gone out of contemplation. Victims are disregarded, may, forgotten. The paper also stresses the need to provide support to crime victims. The author of the present paper has also recommended some of the imperative steps that are to be implemented by the law enforcement agencies in India to improve the position of victims in the criminal justice system.

Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Support ◽  
Crime Victims ◽  
Property Damage ◽  
Victims Of Crime ◽  
To Receive ◽  
Legislative Measures

Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

scholarly journals Wife Assault, The Justice System and Professional Responsibility

1995 ◽  
Vol 33 (4) ◽  
pp. 908
Author(s):  
Diana Ginn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Criminal Law ◽  
Justice System ◽  
Professional Responsibility ◽  
Wife Assault ◽  
The Past ◽  
Key Players ◽  
The Way

The author reviews the response of the criminal justice system to the problem of wife assault by focusing on the key players within the system. The way the criminal law applies to wife assault affects battered women's access to that area of law known as family law, with negative repercussions for them and their children. Several myths about the nature of wife assault help ensure an inappropriate response. These include the myths that the woman is to blame, that by just leaving the abusive situation she can resolve it, and that if she does not leave it is because she enjoys the abuse. The author reviews current methods used by police, prosecutors and judges for dealing with wife assault and discusses the inadequacies of those methods. She concludes that despite many recommendations for change, there have been no significant improvements in the way the criminal justice system deals with wife assault. It is incumbent upon the legal profession to demonstrate professional responsibility by ensuring that wife assault is taken more seriously than it is now and than it has been in the past. This is a necessary reform before battered women can rely on the criminal justice system.

Impediments to the Recovery of Restitution by Crime Victims

1990 ◽  
Vol 5 (2) ◽  
pp. 127-140 ◽  
Author(s):  
Alan T. Harland ◽  
Cathryn J. Rosen
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victims ◽  
Actual Case ◽  
Policy Makers ◽  
Technical Data ◽  
Victims Of Crime ◽  
Definition Of ◽  
Case Dispositions

Restitution is unique among criminal justice policies by virtue of the widespread support it has attained from many diverse constituencies. Restitution has received such universal praise as a panacea for victims of crime that in recent years a number of American jurisdictions have adopted legislation that creates a presumptive norm that restitution be awarded in appropriate cases. Despite popular support for its increased use and enactment of enabling legislation, restitution continues to be underutilized in actual case dispositions. The authors suggest that the underuse problem will not be cured and the powerful potential that restitution holds as a criminal justice sanction will not be realized until a consensus regarding the definition of restitution is achieved, significant gaps in the technical data about how restitution is effectuated are closed, and practical impediments to awarding and collecting restitution are dissolved. These goals, in turn, cannot be met until policy makers confront and begin to resolve the inherent conflicts posed when a restorative sanction, such as restitution, is pursued in a criminal justice system that is primarily punitive in nature.

Restitution as a Sanction in Juvenile Court

1986 ◽  
Vol 32 (2) ◽  
pp. 177-185 ◽  
Author(s):  
William G. Staples
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Historical Perspective ◽  
Juvenile Court ◽  
Current Trend ◽  
Tort Law ◽  
The Past ◽  
Victims Of Crime ◽  
Policies And Practices

Over the past decade, restitution has assumed increasing significance as a sanction both in the juvenile and in the criminal justice system. The purpose of this article is to examine the current trend toward utilizing restitution from a critical and historical perspective. Current restitution policies and practices are placed within the context of three major trends in justice: (1) the individualization of the juvenile court; (2) the growing concern with the victims of crime, and (3) the blurring of traditional distinctions between criminal and tort law. Restitution as a sanction is evaluated in the context of these three developments, and the contemporary form of restitution is compared with its historical predecessors.

Crime Victims’ Perceptions of Restitution: The Importance of Payment and Understanding

2008 ◽  
Vol 23 (6) ◽  
pp. 697-710 ◽  
Author(s):  
Barry R. Ruback ◽  
Alison C. Cares ◽  
Stacy N. Hoskins
Keyword(s):  
Multivariate Analysis ◽  
Criminal Justice ◽  
Distributive Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Crime Victims ◽  
Fair Process ◽  
The Future ◽  
Victims Of Crime ◽  
Willingness To Report

The Office for Victims of Crime recommends that victims should be informed, consulted, respected, and made whole, rights that relate to informational, procedural, interpersonal, and distributive justice. We surveyed 238 victims in two Pennsylvania counties to test whether crime victims’ satisfaction with the criminal justice system was related to their perceptions of the fairness of the process and of their outcomes in their case, particularly with regard to restitution. Results indicated that payment of restitution, perception of fair process, and good interpersonal treatment were positively related to victims’ willingness to report crimes in the future but that satisfaction with information about the process was not. Victims’ understanding of the restitution process was a significant predictor of willingness to report in a multivariate analysis.

Officers' perceptions regarding the unexpected effects of body-worn cameras

2020 ◽  
Vol 43 (2) ◽  
pp. 390-402
Author(s):  
Jordan C. Pickering
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
The United States ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Advantages And Disadvantages ◽  
The Impact

PurposeThroughout the last decade, a number of empirical studies have assessed the effectiveness of body-worn cameras (BWCs) among law enforcement agencies across the United States. The purpose of this paper is to examine officers' perceptions regarding the impact this technology has had on police-community relations, as well as the working relationship between police and other actors in the criminal justice system (e.g. prosecutors, jurors).Design/methodology/approachThe author conducted focus groups with officers (n = 89) from two local law enforcement agencies in California that had adopted BWCs in recent years. Participating officers discussed advantages and disadvantages they associated with BWCs, as well as how BWCs have impacted their relationship with the public and justice system personnel.FindingsOfficers recognized advantages to using BWCs, including the potential for positive changes in police behavior and the ability to protect officers against false citizen complaints. Officers also identified a number of disadvantages (or consequences) they associate with BWCs, such as the depreciation of credibility behind an officer's word and the impact of video footage on prosecutorial decision-making.Originality/valuePrior studies have gathered officers' perceptions regarding BWCs, but very few have assessed whether and how the use of this technology by law enforcement influences other actors within the criminal justice system. The findings from this study may prompt further empirical consideration regarding BWCs, especially with regard to whether police use of this technology significantly impacts citizens' trust in the police and how their use may impact prosecutorial and juror decision-making.

scholarly journals Environmental Crime Victims under Criminal Justice System: A Study on the Development of Environmental Victimology

2019 ◽  
Vol 06 (01) ◽  
pp. 50-68
Author(s):  
Wanodyo Sulistyani
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Environmental Crime ◽  
Crime Victims ◽  
Hazardous Substances ◽  
System A ◽  
Environmental Crimes

Lack of attention to environmental crime victims under criminal justice system has led to the development of the study of environmental victimology. This study focuses to acknowledge victims’ losses as an impact of environmental crime and victimizationprocess. In the study of criminology, environmental crime is generated by environmental damaging activities, such as pollution, illegal hazardous substances dumping, land burning, illegal logging, etc. The damaging activities inflict harms not merely to the sustainability of the environment, but also to human and other creatures. Environment degradation has caused issues on health, economic, social, and cultural, as well as inequality. However, in some incidents, environmental crime is endorsed by state; the fact has created complexity in dealing with the crime. Furthermore, environmental crime is also related to other forms of crime, such as corruption and money laundering. Therefore, a multi-doors approach is established by involving several institutions to investigate the crimes. However, the approach does not sufficiently restore victims’ losses. The environmental victimology study is expected to enable criminal justice system to accommodate environmental crime victim’s interests for restitution or compensation. Therefore, this article overviews the widespread environmental crimes and the rise of attention to this issue. Consequently, it also describes the issue on criminal law enforcement to environmental crimes. Furthermore, it reviews environmental victimology study and the process of environmental victimization. Lastly, it analyzes the importance of environmental victimology study in arranging a policy on restoring the victims’ losses. The study employed normative legal research by applying statutory, comparative, and case study approaches.

scholarly journals The Application Of Justice Principles Of Rapid Simple Fee In Criminal Justice System In The State Court (Case Study in State court of Pati)

2020 ◽  
Vol 2 (4) ◽  
pp. 609
Author(s):  
Lailatul Nur Hasanah ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Developed Countries ◽  
State Court ◽  
Law Enforcement Agencies ◽  
Mutual Cooperation

This study aims to determine and analyze the application of the principle of simple justice Rapid Simple Fee in the criminal justice system in the State court of Pati. As well as to identify and explain the barriers and solutions simple application of the principle of justice Rapid Simple Fee in the judicial system in State court of Pati. And to identify and explain the contribution principle is simple justice Rapid Simple Fee in the criminal justice system to reform the criminal justice system in the future. This study uses empirical juridical approach to analysis of the application of the principle of judicial issues simple, quick and inexpensive in the criminal justice system in the State court of Pati. Specifications research is descriptive analysis. With data collection techniques are primary and secondary data and research literature, analyzed using qualitative. The problem is analyzed with the theory of law enforcement and progressive legal theory. The results of this study showed that every judge shall comply with the laws that have been set ie power Act No. 48 of 2009 and Act No. 8 of 1981. Constraints in principle to simple justice Rapid Simple Fee is the human resources of the apparatus law enforcement, lack law enforcement and courtroom facilities, absence of the parties or witnesses. The solution is to determine the court calendar, giving sanction to the litigants or witnesses who have been called State court of Pati. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform. Contributions in future expected law enforcement qualified for handling the case, mutual cooperation between law enforcement agencies and is able to imitate the criminal justice system in developed countries such as settling disputes out of court with mediation mechanism penal (penal mediation), restorative justice, diversion in juvenile justice and other forms that thrive in the community. It is considered necessary as part of the criminal law reform.Keywords: Principle of Simple Justice, Rapid Simple Fee In Criminal Justice System in Pati Court

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