The Scope of Informal Justice Mechanisms in ‘Criminal Justice System’: Critical Observations on Principles, Theories and Prospects

26 Pages Posted: 4 Feb 2014

Multiple version iconThere are 2 versions of this paper

Date Written: February 3, 2014

Abstract

The quintessence of the paper is conception of a criminal justice system in which formal justice system and informal justice system jointly works to achieve the greater goal of ensuring security and respecting human dignity. In order to accomplish such complementarily, the conventional stereotypes on retributive, colonial and punitive approaches to the criminal justice system devoid of victim-centrality would have to be done away with. The cancerous vestiges of the colonial thinking are observable in South Asia and have eroded the faith of people upon the government and the justice system acting as a stimulus for designing an effective informal justice system, which has already been in practice since time memorial. With regards to South Asia, it is exemplified by the paralegal committee, Shalis Kendra, Union Parishad and Lok Adalat. The scope of informal justice system in criminal cases manifests in form of community mediation, plea bargaining, restorative negotiation and revocation of cases. Nevertheless, clear guidelines must be formulated to avoid potent problems in the mechanism.

Keywords: Criminal Justice system, developing countries, theories, crimes, structural reforms, alternative dispute resolution

Suggested Citation

Sangroula, Yubaraj, The Scope of Informal Justice Mechanisms in ‘Criminal Justice System’: Critical Observations on Principles, Theories and Prospects (February 3, 2014). Available at SSRN: https://ssrn.com/abstract=2389984 or http://dx.doi.org/10.2139/ssrn.2389984

Yubaraj Sangroula (Contact Author)

Kathmandu School of Law ( email )

Dadhikot-9, Bhaktapur
Bhaktapur, Bhaktapur 6618
Nepal

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