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My Notes - 05 April 2014 05-04-2016

My Notes – 05 April 2016

 

Editorials

Criminal Justice delivery system – P8q8

Major objective of criminal justice delivery system is to secure life and property.

In India Pending cases, low conviction rates are not causing any deterrence to crime.

Following are the recommendations made in this context

  • In Russia, Australia and several other countries, the victim is brought Centre stage through what is called “restorative justice” to replace unproductive aspects of conventional criminal processes.
  • Differentiated penal codes – Guiding principles of the reform process of justice system should be decriminalization wherever possible and diversion. So, existing penal code can be divided in to four different codes

1)     A social offences code – it can be settled or compounded through administrative processes without police intervention and prison terms.

2)     Correctional offences code – containing offences punishable up to 3 years and here plea bargaining can be liberally applied.

3)     Economic offences code

4)     Indian penal code – It will have only major crimes which warrant 10 years’ imprisonment or more or death and deserve a full-fledged warrant trial with all safeguards of a criminal trial.

  • The second strategy proposed by the committee was institutional reform of police processes, including investigation of crimes, professionalisation and rationalisation of court systems with induction of technology and limiting appeal procedures to the minimum required.
  • Indian justice system is centered around punishing the culprit. It shall shift towards victim oriented criminal justice system.

 

  • Restorative justice is an approach to justice that focuses on the needs of the victims and the offenders, as well as the involved community. This contrasts to more punitive approaches where the main aim is to punish the offender, or satisfy abstract legal principles. (source – wiki)

The foundational principles of restorative justice have been summarized as follows:

  1. Crime causes harm and justice should focus on repairing that harm.
  2. The people most affected by the crime should be able to participate in its resolution.
  3. The responsibility of the government is to maintain order and of the community to build peace.

 

Programs on restorative justice

A number of programs have become associated with restorative justice because of the processes they use to respond to and repair the harm caused by crime:

  • victim-offender mediation programs use trained mediators to bring victims and their offenders together in order to discuss the crime, its aftermath, and the steps needed to make things right
  • circles are similar to victim-offender mediation, but differ in that they involve not only the offender and victim, but also their family members, community members, and government representatives
  • conferencing programs are also similar to victim-offender mediation, but have tended to more closely linked to the criminal justice system than either VOM or circles
  • victim-offender panels bring together groups of unrelated victims and offenders, linked by a common kind of crime but not by the particular crimes that have involved the others
  • victim assistance programs provide services to crime victims as they recover from the crime and proceed through the criminal justice process
  • ex-offender assistance programs provide services to offenders while they are in prison and on their release

Plea Bargaining

The process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval.

Plea bargaining can conclude a criminal case without a trial. When it is successful, plea bargaining results in a pleaagreement between the prosecutor and defendant. 

In this agreement, the defendant agrees to plead guilty without a trial and in return, the prosecutor agrees to dismiss certain charges or make favorable sentence recommendations to the court.

India – Saudi Arabia –D3q2

Saudi Arabia is traditionally a source of energy and of remittances for India.

In recent Years cooperation is improved and took a new dimension in to counter terrorism and intelligence sharing.  It is also taking a new dimension in to defence cooperation.

It has been reported that there are tensions in the Pakistan-Saudi relationship after Islamabad’s renewed engagement with Iran. Pakistan had also refused to send troops to Yemen to join a Saudi war coalition.

News

Panama scandal – Tax heavens – E12q7

Papers of a law firm head quartered in Panama City, Mossack Fonseca got leaked. It revealed the names of the famous people whose money is diverted to the tax heavens

Indian express

West Asia – India – Saudi Arabia relations – D3q2

  • Rise of Sunni extremism is also threatening the conservative Arab monarchies as never before.
  • America embrace of Iran and a sense of abandonment exists among Saudis
  • Steep fall in oil revenues

India’s new approach to the region, under modi is fashioned around three areas.

  1. To leverage the Gulf riches to accelerate India’s economic growth
  2. To tap in to the huge potential for strengthening counter terror cooperation.
  3. To explore the prospects for deepening defence cooperation with the Gulf States.  

 

Question of the day

Criminal Justice system in India need to be reformed. It needs a fundamental shift in thinking.

Elaborate. 

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