The Criminal Justice Delivery System (CJDS)

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Traditionally, the criminal law process, in its quest for a 'fair' and 'just' trial, at almost every stage, accords certain safeguards to, and confers certain fights and privileges on, those suspect/accused of crime. Administration of penal justice, which is visibly dominated by the 'humanitarian and therapeutic approach' to criminality also resorts to every possible 'measure' within its reach to 'reform' and 'treat' a convict for his better 'reformation' and 're-socialisation' and thereby to 're-assimilate' him in the social mainstream.
However, the Criminal Justice Delivery System (CJDS) does not, unfortunately, exhibit similar 'sensitivity' and 'concern' for a victim of crime — the second partner of the so-called 'penal couple'— and to …show more content…

the police, who, in turn, after inquiry and investigation, approaches the 'guilt-determination agency of the state', i.e. a competent criminal court. However, the police, the first State agency with whom a of crime comes in contact, in most of the cases, either show theirindifferent attitude to him or professional insincerity and apathy to register his complaint. Police, unfortunately, in majority of the cases, treat him as an accused and start harassing him under the guise of collecting adequate information from him for setting 'directions of their investigations. Investigation of his complaint is exclusively within the police domain. A victim/informant has no role to, play in it unless the Investigation Officer (IO) concerned considers it necessary. Further, if he is required to participate in the criminal justice process as a material source of evidence, i.e. prosecution witness, he puts himself in a position of some vulnerability. He is at the mercy of questioning by prosecution and defence lawyer alike. He has, if necessary, to identify the 'suspects' of the crime. He, being a material source ()I' information, also takes the risk of being intimidated by the accused directly or through his friends or well-wishers indirectly to dissuade and deter him from deposing the 'truth'. Frequent …show more content…

'The United Nations Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power' (UN Basic Principles), premised on recommendations of the Sixth UN Congress on the Prevention of Crime and Treatment of Offenders, was passed on November 29, 1985 by the UN General Assembly (UNGA), is worth mentioning here. Recalling that millions of victims of crime and of abuse of power are neither well-protected in CJS nor are their reparatory rights adequately recognised and protected under CJDS and realising that a million of such victims, and their families, are being made to sustain 'injury' or to incur 'loss', the UNGA, through the Basic Principles, not only urged its members to treat 'victims' with 'compassion and respect' but also urged to resort to appropriate measures at the internationnal, regional and national levels to improve their access to justice and fair treatment, restitution, compensation and assistance. Based on the conviction of the international community that victims should be treated with compassion and respect for their dignity and that they are

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