Retributive theories of justice argue that punishment should be imposed for the crimes committed and the severity of the punishment should be proportionate to the seriousness of the crime. More than often, retributive punishment is confused with ideas of vengeance. It is generally argued that in case of retributive punishment, no limit can be set for revenge which thereby makes such revenge personal whereas the person administering such punishment may well have no personal connection with the victim. An affordable alternative to the retributive justice system is the restorative justice practices which can be considered unique in its emphasis on not just one component of the criminal justice system such as punishment, but as incorporating victims,
The possible outcome of this scenario maybe that, if the mediator is so meticulous and calculated, no potential consequence could be caused In other case, if the party get caught by the police and finally found guilty and imprisoned, the respective party might reveal to the court about why the mediation process. Then, the worst outcome to the mediator would be that important evidence is upheld for further legal actions towards the mediator. 6. Conclusion The basic foundation of mediation is the confidentiality in the process and between parties; the principle of trust is the key of mediation, being a useful and successful method as an alternative dispute resolution. The establishment of the trust is vital.
Most of the time this results in prison sentencing. But when the only action is to lock people up, it doesn’t require that the individual act in a certain way, or change. Instead, it excuses the offender from answering for what they have done or punishes them in a way that does not consider the individual criminal and his or her crimes on others and such crimes impact on the overall community. Restorative justice is a victim-led process to hold offenders accountable while concurrently fulfilling the needs of all parties involved (Keenan and Joyce, 2013). This essay will critically evaluate the guiding principles of restorative justice, and more specifically look at the benefits of applying this method to sexual violence and domestic violence cases; this will be done by examining common procedures and guidelines, understanding the strengths and weaknesses, and observing specific case
In this case, when the subject matter of the dispute is highly technical, arbitrators with an appropriate degree of expertise can be appointed (as one cannot “choose the judge” in litigation). Arbitration awards are generally easier to enforce in some countries than court judgements. In most legal systems, there are very limited avenues for appeal of an arbitral award, which can be either an advantage because the dispute solved faster. Arbitration can produce different solutions that are not court based. The awards could be compensation, an explanation for what happened, an apology, a promise never to repeat
INTRODUCTION One may argue, why should there be a probations system? For many people, one of the greatest injustices of the criminal justice system is that convicted offenders are free to commit new crimes before they “pay” for the old ones. Despite that argument, probations play an integral role in any country’s criminal justice system and for that reason a probations office within the criminal justice system was established. Additionally, probation is one of the least restrictive penalties among the alternatives confronting a sentencing judge. It is in fact a conditional release of an individual by the court after having been found guilty of the crime charged and not a dismissal of charges as one may believe.
Another contention in defence of capital punishment is that the administration spares money by executing killers as opposed to supporting them in jail to the detriment of the group. So while the criminal is clearly not upbeat being detained forever, the satisfaction of the group is additionally reduced on the grounds that funds that could some way or another be allotted to education or public health are utilized for lodging the criminal. All in all, the utilitarian would advocate for capital punishment if the sacrifice of one criminal would produce more prominent bliss to the society as a whole. Every situation should be considered independently and the suitable punishment regardless of the degree of crime, depends on the judgment of which
• Party autonomy - Because of its private nature, ADR affords parties the opportunity to exercise greater control over the way their dispute is resolved than would be the case in court litigation. In contrast to court litigation, the parties themselves may select the most appropriate decision-makers for their dispute. In addition, they may choose the applicable law, place and language of the proceedings. Increased party autonomy can also result in a faster process, as parties are free to devise the most efficient procedures for their dispute. This can result in material cost savings.
The court may order the party found at fault to pay money to the injured party or to fulfill an obligation, such as honoring a contract. • Criminal law considers a crime an act against society rather than an individual. Therefore, the government brings legal action against a person for committing a crime. If found guilty, the defendant may have to pay a fine, serve time in jail or prison, or be placed on probation. The law and society view jail time, or incarceration, as the loss of one 's personal freedom and thus, a more severe penalty than a monetary fine.
According to Alkon (2014:12): Plea bargaining is based on informal negotiations. For plea bargaining to function, prosecutors need to have the discretion to decide when to offer plea bargains and what the offer should include. This can lead to different legal outcomes for otherwise similarly situated defendants. Some variation in sentencing is inevitable, even where all parties have followed the law and acted in good faith in negotiating pleas. However, plea bargaining can be used to cover disparate sentencing due to systemic problems like political interference in the legal system or corruption.
All the overheads and the costs incurred in shipping the orders go a waste in case of undelivered orders. This is indeed a significant loss for the e-commerce players. Reduction in a Number of Orders: As a major chunk of orders placed on the online sites is paid with cash on delivery, demonetization had a detrimental effect on the number of orders placed. People only had to wait to get their old currencies to be exchanged and few of the customers are skeptical about online payments. This lead to a notable surge in the number of orders placed on the online shopping sites.