Criminal Justice System

Criminal Justice System

Criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime The criminal justice system consists of three main parts: Law enforcement agencies Courts (Adjudication) Prisons (Corrections)

Prison Reforms:
Facts:	Police is a state subject 3% of budget of State and Central Government Overburdened Police Force: 24% vacancy in State forces and 7% in central forces Sanctioned strength was 181 police, actual strength was 137 police, UN 222 police forces 86% of police forces are constabulary and are promoted only once Crime increased by 28% during (2005-15) Conviction rate in 2015 was 47%, poor investigation. Infrastructure: Shortage of weaponry CAG, Raj, 75% and WB 71% 30% deficiency in required stock vehicles Poor utilization of funds. Holding police accountable: Police excesses, custodial death
Problems	Infrastructure:
Solution	Prakash Singh vs. union of India: State security commission in every state, lay down policy for police functioning Constitute a Police Establishment Board: Posting transfer and promotions Constitute Police Complaints Authorities. Look into misconduct and police personnel Two year of minimum tenure to DGP and other officers DGP is appointed from Senior most police officers Separate investigation from law and order National Security commission to Shortlist candidates for appointment as chiefs of CAPFs Implementation: NITI Aayog 2016: All but 2 states have set up state security commission

Expensive legal System (Access to Justice Survey 2015-16 by DAKSH across 305 locations in 24 states) Reasons for high undertrials	80% of our country is shut out of the judicial system because they cannot access lawyers in the first place and quality of legal aid is poor.- Prashant Bhusan. Legal aid aims to free legal services to weaker section but just 1% of respondents are making use of it Majority of them found lawyers by reference. Accountability of legal aid lawyers and lack of communication between two serious plaguing the system. Lack of fund is major reason for increasing number of under trials. Expenses are the major deterrence for filling the appeal in HC 2/3 of all civil disputes are regarding the land and property disputes Reform in land laws related to Transfer, inheritance,
	But majority still has faith in the judiciary of the country
	Paradigm shift is necessary from focus on access to court to access to justice

Prison Conditions	In Polity 2017
Problems:	Prison conditions Overcrowding. (150%), violation of Human Rights Made to work like bonded labour No segregation of juveniles Lack of sanitation and poor health facilities Prison violence Solitary confinement Custodial deaths Availability of drugs and mobiles Weak Infrastructure Poor Socioeconomic Profile  (39% dalit but 70% undertrials) Judicial Delay Inequity in Justice system Inadequate, expensive and complex legal aid Administration Prejudice against ST and SC in investigation process Corruption Over worked police (131/lakh as compare to UN norm 222/lakh) Shortage of prosecutor Political Motivated arrests
Measures:	Infrastructure Basic amenities like Food, water, shelter Prison's grievances redressal Cell Installation of CCTV cameras Adequate funding Legal: Free legal aid Doing away with Property based Bail system Section 436 A : Under trials should be given bail If they have already completed half of accused sentence (accounted for 62% SC) Bheem Singh Case (1985) : Self Bail is allowed. Follow the model code suggested by home minister in 2003 NHRC : humanise the prisons Institutional Speedy trial and fast track court Judicial reform Civil society could help NHRC could take the human right violation Police Reform Training Reward and Punishment Humanitarian Assistance: Skill, capacity building , education Yoga, meditation Medical facilities Motivation and Spiritual leaders Open Prison Employment like Tihar Jail Products Psychological counselling. Monitoring and regulation : Surprise inspection Special care for women and minorities Behavioural Police Prisoners Under trials CH 93-98% under trials and JK 80% 66% of inmates Global average is 32%

Capital Punishment
For	Deterrence Sense of closure to victim's family
Against	Death Penalty India Report by National Law University Convicts on death row are mostly First timer criminals Poorly educated Largely belongs to lower caste and religious minority Gross violation of human rights Not informed  the reason of arrest Denied access to lawyers Forced to confess crimes Custodial violence Socio-economic bias(APJ) Irreversible Cruel Possibility of error Less than 5% as awarded by local courts  Even higher courts acknowledges it False sense of justice (retributive not reformative justice) Inequity in justice Access to legal aid and Quality both are denied Objective of Sentence Reform Punish Deter Deterrence is a myth Law Commission of India: Called for revocation except cases of terrorism and war against state International Most of countries repealed Germany refused to sign MLAT
Judicial Innovation	Special category of life imprisonment without benefit of release and remission for 25 to 30 years Used In Rajiv Gandhi Case first time Rarest of Rare Doctrine in Bachan Singh Case Subjective, vague, arbitrary use  SC : ruled out the consecutive life terms

Restorative justice	http://www.thehindu.com/opinion/lead/towards-restorative-criminal-justice/article8433634.ece
Present of criminal justice	Individual: Not Securing life and property Society: Not Deterring criminals Delay Uncertainty in procedure Ineffective punishment Rights of citizens: Wide discretion to police and prosecution rendering the system vulnerable to corruption, endangering the basic rights of citizen Rehabilitation of victims:  Ignores the real victim compelling him to fine extra-legal methods of getting justice Reforming of Criminals:  not happening and  counter productive Economic Heavy economic cost on state for its maintenance without commensurate benefits Costly and counter productive
US	Used plea bargaining and diversion to administrative and quasi-judicial bodies India also adopted plea bargaining but it remains the dead latter.
Threefold strategy	Legislative reforms : Law requires a comprehensive look based on socio-economic changes in the country (decriminalisation and diversion and real hard crimes only for CJS) Penal code into four different codes Social Offence Code : can be settle via administrative process Correctional Offence Code : plea bargaining could be invoked easily Economic Offence Code: For financial offences Indian Penal Code: for Criminal cases Institutional reform of police processes Investigation of crimes Administrative reforms: Professionalization and rationalisation of courts. Judicial reforms: Civil Service Reforms: Voluntary Sector Reforms: Social reforms:
Victim oriented approach	Restoring the confidence of victim in the system and achieving the goal of justice Rights based approach Right to track the progress Right to be heard on critical issues Right to seek and receive compensation for injuries Can submit Victim impact assessment report Healing the wound through reconciliation and restorative means of justice rather than retributive justice. Quick, simple system of resolution: which enjoys community support, victim satisfaction and offender acknowledgement of obligations Multi-stakeholder approach:  Justice should involve victims, offender, right thinking men of community. Process is more collaborative, consensual and inclusive; Community's role: Role of state reduced and community's increased(should not be confused with Khap Panchayats)
Conclusion	Crime and violence constitute a major impediment for development and social integration for a plural society like India Need of change of mind-set, willingness to bring the victim at the centre of CJS, acknowledgement of restorative relationships and correcting the harm is the need of hour