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Justice

A strong judiciary is important in any democracy, as it can balance the powers of the executive and of the legislative.

  Criminal justice

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The primary goal of any criminal justice system should be the safety and well-being of society. This means protecting citizens from dangerous individuals and ensuring their security. However, a truly effective system must go beyond simply locking people up. It must acknowledge that criminal behaviour often stems from complex and multifaceted factors, including societal ills, personal trauma, and lack of opportunity. Therefore, alongside ensuring public safety, the criminal justice system must prioritize rehabilitation and reintegration. This involves viewing individuals not just as criminals, but as individuals capable of healing and transformation. By offering pathways to recovery, education, and meaningful employment, the system can break the cycle of crime and contribute to a safer and more just society for all.

A Multifaceted Approach to Criminal Justice

The primary objective of any criminal justice system should be to protect society and its law-abiding citizens. However, the path to achieving this goal is often debated, with various philosophies and approaches vying for prominence. While retribution and harsh punishments may seem like immediate solutions, their long-term efficacy in safeguarding society is questionable, and their impact carefully evaluated.

Instead, a more holistic approach that prioritizes rehabilitation and considers the diverse spectrum of criminal behavior holds the key to a safer, more just society.

Beyond the Obvious: Redefining the Scope of Crime

When discussing criminal justice, we often focus on violent crimes, like murder, assault, or theft. While these acts pose immediate threats to safety, it's crucial to acknowledge the equally detrimental impact of white-collar crimes, political corruption, and other offenses that often fly under the radar.

These crimes, while less visible, can have devastating consequences for individuals, communities, and the very fabric of society. For example, financial fraud can cripple businesses, destroy livelihoods, and erode public trust. Political corruption can undermine democratic institutions and sow seeds of discontent.

1- Protecting society

Incapacitation

Removing dangerous individuals from society through imprisonment can offer immediate protection. However, this approach is costly, often leads to overcrowding and inhumane conditions in prisons, and does little to address the root causes of criminal behaviour.

Restoration

Focusing on repairing the harm caused by crime through victim-offender mediation, restorative justice programs, and community service offers a more nuanced approach. This method aims to rebuild relationships, restore a sense of justice, and empower victims to heal.

Deterrence

The threat of punishment can serve as a deterrent, discouraging potential criminals. However, this approach assumes rationality in offenders and overlooks factors like impulsivity, desperation, and mental health issues that can drive criminal behavior.

2- Rehabilitating criminals

A truly effective criminal justice system must go beyond mere punishment. It needs to embrace a multi-pronged approach that prioritizes rehabilitation, restoration, and prevention, recognizing that crime often stems from complex societal and individual factors. This means investing in community-based programs, addressing systemic inequalities, and creating opportunities for individuals to break free from the cycle of crime.

Addressing the root causes of crime is crucial for achieving lasting change. This means investing in comprehensive rehabilitation programs that address a wide range of needs, including education, job training, addiction treatment, and mental health support. By providing individuals with the tools and resources to overcome past challenges and build a brighter future, we can significantly reduce recidivism rates and create a safer, more just society for all.

By acknowledging the diverse nature of crime, embracing restorative justice principles, and prioritizing rehabilitation, we can work towards a society where public safety and justice go hand in hand.

Empowering individuals to become productive members of society will necessarily reduce the likelihood of recidivism.

Rehabilitation Within Institutions: Learning from Global Models

Norway's penal system serves as a powerful example of a successful model for rehabilitation within institutions. Their focus on restoring dignity, providing education and vocational training, and creating a supportive environment for inmates has resulted in significantly lower recidivism rates compared to many other countries. This model emphasizes humanization, individual responsibility, and the potential for change, demonstrating that even individuals who have committed serious crimes can be empowered to lead productive lives.

Rehabilitation Through Civil Society: Harnessing the Power of Community

The role of civil society in rehabilitation is equally important. Organizations like Greg Boyle's Homeboy Industries in Los Angeles exemplify the power of community-based initiatives. By providing job training, counselling, and a sense of belonging to formerly incarcerated individuals, Homeboy Industries empowers them to break free from the cycle of violence and gang affiliation. These initiatives demonstrate the effectiveness of community-driven solutions in fostering hope and transforming lives.

By prioritizing rehabilitation, investing in community-based programs, and acknowledging the inherent potential for change in every individual, we can move towards a criminal justice system that not only protects society but also offers pathways for redemption and a chance at a brighter future. This is a future where safety and justice are not mutually exclusive, but instead, intertwined, creating a society where all individuals have the opportunity to thrive.

3- Fair punishment

The Pilgrimage for Democracy and Social Justice advocates for a criminal justice system that values both justice and human dignity. We oppose both capital punishment and life imprisonment, believing that all individuals deserve a chance at rehabilitation, regardless of their past actions.

Our position stems from a fundamental belief that harsh punishments, while often perceived as deterrents, can actually be counterproductive. Long-term solitary confinement, for example, has been shown to exacerbate mental health issues, foster violence within prison walls, and ultimately increase the risk of recidivism upon release.

Instead of perpetuating a cycle of punishment and despair, we believe in empowering individuals with opportunities for growth and transformation. This means creating a system that offers education, vocational training, mental health support, and programs that address the root causes of criminal behaviour. By investing in rehabilitation, we can work towards a society where individuals are given a chance to contribute positively and rebuild their lives, leading to a safer and more just future for all.

Terry A. Kupers, a forensic psychiatrist and professor at the Wright Institute, argues against solitary confinement behind bars, as it fosters more prison violence and ultimately poses increased risks for society.

Related content

Capital punishment

Criminal justice

Criminal justice is the delivery of justice to those who have been accused of committing crimes.

Rehabilitation penology

Rehabilitation is the process of re-educating and preparing those who have committed a crime, to re-enter society. The goal is to address all of the underlying root causes of crime in order to ensure inmates will be able to live a crime-free lifestyle once they are released from prison.

Imprisonment for public protection

Imprisonment for public protection was intended to protect the public against criminals whose crimes were not serious enough to merit a normal life sentence but who were regarded as too dangerous to be released when the term of their original sentence had expired.

Prison

A prison is a facility in which convicted criminals are confined involuntarily and denied a variety of freedoms under the authority of the state as punishment for various crimes. Authorities most commonly use prisons within a criminal-justice system.

Issue #14:    Nepal: What is the maximum duration of a life sentence?

Different sources give the life sentence in Nepal as 20 years, 25 years, or an effective life sentence.

Life imprisonment

Most countries have an effective live sentence, lasting until the convict's natural death. Portugal was the first country to abolish life imprisonment in 1884. In Norway, the maximum sentence is 21 years.

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