CORRUPTION AS A CHALLENGE TO FAIR JUSTICE ADMINISTRATION
-ARYAN BABELE
The protection of rule of law is an essential practice for any progressive society. Importance of rule of law comes into light only when there is access to justice even for vulnerable people and when they are not left behind as aggrieved victim. In India, ‘Access to Justice’ is a constitutionally enshrined fundamental right, but in absence of proper check on justice system and its instruments violations are sporadic due to a certain influence in administration. This influence is a reason for India’s problem of institutionalized corruption across all departments of the justice administration in India. Protection of rule of law includes determined legal system that revert
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Notwithstanding the fact that legislative reforms like The Lokpal Act have reduced the traditional arbitrariness of administrative discretion but each government of different times managed to create a loophole in these reforms and kept the sole authority of exercising discretion. This discretion which is still there in the mechanism of government functioning provided government officials to give arbitrary decision and favor a party in a bias manner in justice administration. This abuse of discretion is a root of the plant known as corruption. Corruption takes place on the account of abuse of discretion by administrations. There is a need to infuse transparency and accountability that will lead to non discriminatory and fair decisions. It is a necessity for every third world country like India to create accountable structures for justice administrations, particularly regarding their discretions. Further, decision making powers to one authority or authorities from same background should be limited if not altogether …show more content…
It blockades the process of achieving an effective justice administration and undermines the rule of law. It has done seminal damage to justice and human rights so that administration must be held accountable now for abuse of power. There are so many ways and means which in unity can help in an effective justice administration throughout India and prevent victimization. It is a necessity that corruption must be eliminated at roots only that is lower level of judiciary. Since corruption is disempowering force, the most effective way to root it out is through the empowerment of citizens both through popular self initiative and through institutional mechanisms that exist in the legal system. There is a need of movement of socioeconomic development of India, and the way ahead is to spread the notion of responsibility and accountability as
Thus, many types of power are corruptible, the power of the people does not abstain from such corruption. However, it
The United States is a country which every day is as much as changes in their justice systems, as in the constitution in order to defend the rights of citizens and improve as a country. Is America a country completely free of injustice, discrimination and respect for the rights of citizens ?. There are two things related to the improvement and stability of the country. According to Obama's Speech he was trying to make many changes and implement new laws for equality of all people as well as a fair justice system for all citizens regardless of race. In his speech the appeal rhetorical most used was Logos, after pathos and finally ethos.
The Constitution was originally divided into seven articles. The first article in the Constitution grants the Legislative Branch its powers along with its limitations. It states that the Legislative Branch- also known as Congress- is divided into two houses: the House of Representatives, and the Senate. Congress has the authority to manage money by taxing, borrowing money, and regulating trade. Additionally, other important powers Congress incorporates is the authority to raise armies and preserving the navy.
The Justice Project Physical disability is one of the most challenging things that someone can go through in their lifetime one of those people is Matt Barnes who overcomes the challenges of having a physical disability and helps his client through his dedication and courage. The Justice Project is a mystery novel by Michael Betcherman that tells us the story of Matt Barnes, A high school student who is passionate about solving his cases. But when Matt’s client Ray Richardson is charged with murder, he wants to fight for his client's innocents, later on in the book he discovers his courage and determination. This essay will explore how Matt Barnes overcomes some challenges he faces including him having a physical disability and helps his client through his dedication and
Civil Rights Defenders Throughout the 20th Century Many brave people fought for and defended Civil Rights in the beginning of the 20th century. These people are called Civil Rights Defenders. They stood up for not only themselves, but for others. In the end, their dedication paid off.
Restorative justice is a theory of the criminal justice system that focuses on the rehabilitation of the offenders, victims, and community. This fairly new theory is a new way of tackling criminal behavior, because unlike the traditional form of justice that we have become accustomed to restorative justice allows the affected persons of a given crime to be fully involved in the process of justice. Personally, I agree greatly with the concept of restorative justice, because the face to face interactions of victims and offenders can be a powerful way of addressing the material and physical injuries caused by a crime. However, with all the healing that can be achieve using the method of justice, it does have qualities that can cause it to have
Does the U.S. Constitution Need an Equal Rights Amendment? Over the course of the year we have touched on many different topics of gender studies and politics. The topic that appealed to me the most was the Equal Rights Amendment. The Equal Rights Amendment (ERA) is an amendment that was invented to obtain equal rights for both males and females in society.
Historically, African Americans have faced discrimination in the criminal justice systems. During the early 1800’s, the system has formed laws to discriminate against African Americans. These laws are recognized as the Jim Crow laws. Jim Crow laws were regulations passed after slavery that created different guidelines for African Americans and Caucasians (Constitutional Rights Foundation, 2016) These decrees were purposely put in place to hinder African Americans from interacting with Caucasians.
1.The theory/concept of intersectionality is a theory centered around oppression, domination and discrimination through various mediums from the social and cultural elements of society. The theory can be applied in many ways toward women as well as their involvement in the criminal justice system. Some forms of discrimination that is more prevalent in perceiving the individual is using a woman's status, race, sexual orientation, ability and age, however there can be more added to this list. The wiki article said “The theory proposes that we should think of each element or trait of a person as inextricably linked with all of the other elements in order to fully understand one's identity.”
The Equal Justice Initiative set up by Bryan Stevenson has brought about many changes to the court system and the lives of many people. Stevenson has represented many different people, the majority of which were on death row for unjust reasons. Herbert Richardson, a Vietnam veteran with mental disabilities, was sentenced to death row after a bomb he made accidentally went off killing a child. Another man named Avery Jenkins, a man born with mental disabilities, stabbed a man to death believing the man was a demon trying to kill Avery. Although these cases have similarities and differences, they both show how flawed the judicial system is.
In the criminal justice system, there are many different people that can be corrupt at different levels of the process, from police officers to judges. Anti-corruption organizations and citizens have taken a stand to prevent corruption, however, the issue of corruption is so ginormous that it cannot be stopped in a single day or action. I believe that the most efficient strategy would be to start from the top because that is where most of the power is held and abused. Judges have the power to rule over a court and decide the outcome of a case; if that power is abused many innocent people could go to jail. To prevent corruption, corrupt judges need to be reprimanded first because they hold power over other people within the judicial system.
Restorative Justice is needed for many reasons. The purpose of this paper is to tell you why it is needed. The basic goal of Restorative Justice is to hold juveniles accountable and aiding them in accepting them in responsibility for their actions by rebuilding relationships in the community. Community involvement is needed in preventing future juvenile crimes.
4 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
Definition and Description of Procedural Justice Procedural justice is the act involved in decision making. It incorporates the process of involving transparency and fairness in making decisions. The incorporation of justice in this process is equally essential it entails that all parties allowed to give their views before decision are made concerning a given matter. Some theories state that restorative and distributive justice might not be met but for as long as there is a fair and justice procedure, there is always the possibility of having outcomes that are equitable (Jason &Tyler, 2003).
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