Role Of Mediation In Criminal Jurisprudence
RAJIV DUTTA Senior Advocate, Arbitrator, Mediator and Country Representative of the International Bar Association (IBA) Mediation Committee for India 16, Todarmal Road (Near Bengali Market), New Delhi - 110001 (INDIA) Phone : +91-11-23310290, +91-11-23731031 E-mail : rajivduttasradv@hotmail.com, contact@rajivdutta.com ====================================================== Future of Mediation in Criminal Jurisprudence: Ask any victim who suffers a crime from times immemorial as to what does he want? His answer is the stereotypical cry; “"I want justice”". What does getting justice in reality mean to a victim? Does the victim derive satisfaction from the fact that the accused has been put behind bars and will remain confined away from the society? …show more content…
The victim is sidelined as the provisions for restitution is ineffective in its applicability. To enable parties to resolve essentially personal grievances amongst themselves, mediation can be a viable medium so that matters can be kept out of the purview of Court. Criminal prosecution would not afford restitution to the victim as the result of a ‘"State initiated’" trial would mean that the justice delivered is not ‘"effective justice’", capable of reforming the offender. It has repeatedly been seen that the Courts have started to resort to mediation when the circumstances call for it. Even though simple matters are quickly referred to mediation, Courts still display a trenchant reluctance in referring complex or larger matters to mediation, where there is a possibility of State intervention. Mediation and conciliation is an inherent part of the Indian cultural heritage. However, settling cases would involve a tripartite of clients, advocates and judges. Coordination and cooperation between all these elements would ensure faster and effective justice. Over the years, more cases than the Courts can reasonably handle have crowded the dockets, making it impossible to achieve a fair, meaningful and equitable
Plea Bargaining History
1804 Words | 8 PagesIn our country, the judicial system, being fair and powerful is still very slow. It has always been very crowded. Since the courts are over crowded, prosecutor’s case-loads are over loaded and defendants wants to save time and money, as the result of which an informal and easy way of pre-trail bargaining came into play. Its is known as Plea-Bargaining. Plea Bargaining is defined as the agreement between the prosecutor and the defendant, whereby the defendant agrees to his or her guilt of crime that has been committed in return for some concession from the prosecutor.
Compare And Contrast Circle Justice Vs Us Criminal Justice System
256 Words | 2 PagesSome benefits reduce crime victims’ post-traumatic stress systems and it reduces crime victims’ desire for violent rage against their offenders. It also reduces repeat offending for some offenders although not all. Circle Justice has many benefits but It also has lots of weaknesses such as how its inability to prevent potential for uneven or discriminating outcomes for sentencing and restitution, it encourages perpetrators of crimes to restore the harm they created. In US Criminal
Theoretical Ambiguity In The Definition Of Restorative Justice
1771 Words | 8 PagesB. Restorative Justice There is some theoretical ambiguity in the meaning of Restorative Justice in spite of the many definitions and studies done on the subject. Restorative Justice has been defined as “an ethos with practical goals, among which to restore harm by including affected parties in a (direct or indirect) encounter and a process of understanding through voluntary and honest dialogue.” It is primarily concerned with the reinstatement of victims to life before the crime, restoration of the Offender to a well behaved and lawful life, restoration of the injury caused to the community and the creation of a better society in the present and the future. Restorative Justice is not easily defined because it covers a wide range of practices introduced at different stages of the criminal process, including diversion from prosecution, actions analogous with court decisions and meetings between victims and offenders at any stage of the criminal process. One widely-accepted definition of restorative justice was put forward by Tony Marshall which was also accepted by the United Nations Working Party on Restorative Justice, defined restorative justice as; “a process whereby all parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of an offence and its implications for the future.”
Barry Levinston's Sleepers And The Restorative Justice System
849 Words | 4 PagesThis type of justice system is designed very differently when compared with the retributive justice system. The restorative justice system endeavours to bring the victim and the offender together and allow them to speak with each other in the hopes to support the healing process. It will enable the victims to express themselves to the offender and lets the offender apologize and express their feelings to the victim. The restorative justice system often offers the victims of crime closure. The system encourages both parties to reveal themselves to each other and develop a solution for the future to satisfy both parties involved.
Models Of Justice In The Jonathan Nathaniel Ramsey Case
1529 Words | 7 PagesAmericans want to investigate, judge, and punish fairly (Cole & Smith, 2011). Justice is defined as the proper administration of the law; fair and equitable treatment of all individuals under the law (Justice, 2008). As a society, there is a mutual agreement that justice should be done if a crime has been committed. According to Cole and Smith (2011), there are three goals of the criminal justice system: doing justice, controlling crime and preventing crime.
Examples Of Justice In The Odyssey
658 Words | 3 PagesIV: Revenge v. Justice Revenge and justice could be compared to a rope; these two terms convolute as they are employed synonymously, yet they noticeably overlap each other, all while still carrying a clear distinction between each other. One could draw this distinction by setting forth the notion of fairness; justice is, revenge isn’t. To that, I would respond that the mens rea of revenge could make it fair in many cases just as it could be unfair in other cases. Revenge is the central topic of Homer’s Odyssey, it also explains why Odysseus has a perilous journey home. Paradoxically, it also seems to be one of Odysseus’ main motivators.
Criticism Of Restorative Justice
1160 Words | 5 Pages4 Criticism and Challenges The first point of criticism against victim participation in restorative justice processes arises from scepticism about an apology to the victim as a way of dealing with criminal matters. The perception sometimes exists as to it simply being a way to get away with the crime.106 Members of the public should thus be educated to understand that restorative justice is more than a mere saying sorry, but in the context of victim offender mediation or family group conferences it rather affords the victim the opportunity to confront the child offender with the real and human cost of his or her criminal actions. Another concern deals with the possible secondary victimisation of the victim in the case where the offender pretends
Victim Witness Goals
673 Words | 3 PagesVictim witness programs are used by the government in order to provide support and assistance to those who fall victim to a crime. According to Victim Witness Program, the primary goals of such programs, include but are not limited to, encouraging victims to participate in any parole and supervised release processes of their offender, notify and facilitate victims in participation of any hearing or release dates in regards to their offender, provide options for supportive services, and advocate for crime victims (2015, para.1). The organization under which the victim-witness program is located is under a system, which has many internal constituencies, thus creating competing and conflicting purposes. The goals of the victim-witness program are quite simple and seek out to give the victim the right to be represented during the processing of the offender, however, given the multiple roles the court, for example, must serve, the goals of the victim-witness program can be both complex and conflicting.
Pros And Cons Of Retributive Justice
1479 Words | 6 PagesToday our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).
Small Claims Trial Case Study
2000 Words | 8 PagesIntroduction On October 15th I ventured to the Hall of Justice to attend a small claims trials. When I arrived it was a huge building and I knew I was going to get lost. After finding my way to the small claims departments by the help of a nice lawyer, I sat and waited for about an hour.
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