Balancing Justice - Exploring Criminal Law And Upholding Justice Behind Bars
Author: LawSphereX
Category: Criminal Law
Published:
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BALANCING JUSTICE: EXPLORING CRIMINAL LAW AND
UPHOLDING JUSTICE BEHIND BARS
Ms. Sakshi Amit Sawant, Mumbai University (Law)
ABSTRACT
With an emphasis on a complex relationship between criminal laws and prisoners' rights from a social legal perspective. Focus is placed on the evolving landscape of prisoner rights within the criminal justice system, as well as the legal mechanisms in place to safeguard these rights. The Article explores global developments in contemporary law. It draws attention to how societal norms, technology, globalization, and geopolitical changes have impacted the development of legal systems. This article examines some of the key social legal developments taking place in various regions and countries across the world. In discussing recent changes to criminal legislation around the world, the text emphasizes the need to strike a balance between the rights of prisoners and public safety concerns.
It also discusses issues including overcrowding in jails, highlighting the challenges and opportunities in balancing the rights of prisoners with societal interests and the principles of justice, the increase in crime, digital-era privacy rights, and the significance of offender rehabilitation and reintegration programs. The Article uses analyzing key case studies, legal frameworks and reforms from different countries aiming to provide a comprehensive understanding of the intricate dynamics at play in ensuring the fair and humane treatment of prisoners within the criminal justice system. Ultimately, it underscores the importance of upholding a creative modification to criminal justice systems to guarantee equity, justice, and respect for human rights for all parties concerned, reflecting as a fundamental aspect of a just and equitable society.
Social legal developments around the world are influenced by a myriad of factors, including globalization, technology, changing societal norms, and geopolitical shifts, yet not limited to it. Legal systems around the globe are constantly evolving to address emerging challenges and adapt to new circumstances. Rabindranath Tagore suggests that you cannot attain your life goals by wishing for them when he says, "You can't cross the sea merely by standing and staring at the water. " To accomplish that aim, you must work tremendously hard. Similarly, as the globe relocates closer to legal changes, it is inevitable to encounter difficulties and problems, One will undoubtedly end up on the contrary side of the shore if one circumvents themselves from taking legal challenges and fails to adapt to the new circumstance, while watching the rest of the world do so.
The intersection of criminal law and the rights of prisoners is a complex and multifaceted issue that has profound implications for both individuals and society as a whole. In recent years, there has been a growing recognition of the need to balance the interests of justice and public safety with the rights and dignity of individuals who have been convicted of crimes. Significant legal advances have occurred recently in numerous areas across the globe, with criminal laws and prisoner rights being one of the main domains. Global legal systems now face potential as well as challenges as an outcome of these alterations. Criminal law is a crucial component of the legal system in every country, serving to regulate and punish behaviours that are considered harmful to society.
In recent years, there have been significant developments in criminal law around the world, driven by technological advancements, changes in societal norms, and evolving concepts of justice. The global landscape of criminal law has undergone significant transformation since in the past civilizations such as Mesopotamia, Egypt, Greece, and Rome, various forms of punishment were used including fines, slavery, and physical punishment to Code of Hammurabi1, beginning to the middle age a trial by ordeal and trial by combat were common methods to determine guilt or innocence to the Magna Carta (1215)2 in England. Emerging in the Early Modern Era saw the rise of criminology as a scientific discipline with thinkers like Cesare Beccaria and Jeremy Bentham proposing reforms in criminal justice to the establishment of formal police forces and prisons began in Europe during this period.
1 https://courses. lumenlearning. com/suny-hccc-worldcivilization/chapter/hammurabiscode/#:~:text=The%20Code%20of%20Hammurabi%20is,men%2C%20and%20property%20owners) 2 Trial by Ordeal by Jury in Medieval England, or Saints and Sinners in Literature and Law, Author: Elizabeth Papp Kamali.
The 19th century witnessed significant reforms in criminal justice systems around the world, including the development of modern police forces, the creation of penitentiaries, and the introduction of fingerprinting as a method of identification. In India, the Indian Penal Code was enacted in 1860 under British colonial rule3, which continues to serve as the basis for India's criminal justice system. Further, The 20th century brought further advancements in criminal justice, including the widespread adoption of forensic science techniques such as DNA testing and the establishment of international criminal tribunals. In India, post- independence reforms saw the establishment of new codes and laws, as well as the modernization of police and judicial systems. In the modern era, criminal justice systems continue to evolve with the use of technology.
The unveiling enactment of the Criminal Law (Amendment) Bill, 20234, corresponds to one of the most recent criminal advancements in the realm of criminal law in India. The Indian Evidence Act, the Criminal Procedure Code, and the Indian Penal Code fall under the laws that this bill aims to modify. Concerns including sentencing reform, racial bias in the criminal justice system, and police brutality have all been the subject of continuous discussion and reform initiatives in the United States. Legislation to improve the criminal justice systems in many states has been passed; they include initiatives designed to tackle sentencing inequalities and decrease mass imprisonment. Recent changes to criminal law in the UK have included adjustments to the criminal justice system's response to the COVID-19 pandemic and modifications to the way juvenile offenders are treated.
Additionally, new legislation has been proposed by the government to stiffen punishments for offences including stalking and domestic violence. Additional criminal law legislation in Canada has been put forward to cope with concerns including human trafficking and the online world of child exploitation. These represent only a handful of the most recent global advancements in criminal law. Criminal law is a field that is always changing, and legal systems around the world are adjusting to meet new issues as well as shifts in society. One of the key issues that has emerged is the need to balance the rights of prisoners with public safety concerns. To prevent crime and compensate victims, a thriving justice system for criminals is an indispensable component of the framework of law. As countries grapple with
3 Indian Penal Code (IPC) - History, Structure, Provisions, Amendments, Significance And More.
4 https://sansad.in/getFile/BillsTexts/LSBillTexts/Asintroduced/39%20OF%202023%20AS%20INTRO8
4202373251PM. pdf? source=legislation overcrowded prisons and rising crime rates, there is a growing debate over how to effectively rehabilitate offenders while also protecting society from potential harm. Furthermore, advancements in technology have raised new questions about privacy rights and surveillance in prisons. With the increasing use of electronic monitoring and biometric identification systems, there are concerns about how these tools impact individual liberties and due process. While upholding the rights of prisoners, numerous international organizations, including the European Court of Human Rights and the United Nations5, have created norms and regulations. These include the freedom from torture and cruel treatment, the right to healthcare, the right to legal counsel, and the right to be treated humanely.
However, financial limitations, a lack of supervision, and inadequate training for prison staff continue to make it difficult to execute these requirements in many nations. Mental health challenges, It is concerning that many prison systems may not have the resources or assistance to deal with the high frequency of mental health problems among inmates. Reintegration and recidivism, Getting inmates successfully back into society and lowering recidivism rates are continuous tasks that call for extensive assistance and resources. International cooperation, Addressing transnational crimes such as human trafficking and terrorism requires enhanced international cooperation and coordination, which can be challenging due to differences in legal systems and practices. The Supreme Court ruled in “State of Maharashtra v.
Prabhakar Pandurang Sanzgir”6 that a person's fundamental rights cannot be taken away from him simply because he is in custody and that conditions imposed on him should not be allowed to go so far as to deny him those rights. The Court further decided that every prisoner is nonetheless entitled to all the same rights as free citizens, except for the rights that are inevitably lost due to incarceration. While, Numerous incidents of violence against prisoners have been witnessed, which have resulted from protectors becoming attackers. The use of third-degree torture by law enforcement officials has long been a source of controversy and great concern worldwide. The Indian Supreme Court has attempted to reduce violence against inmates by enforcing the rules established in DK Basu v. State of West Bengal (1997)7. It is regarded as a seminal decision in the field of criminal law.
Sadly, a bill to outlaw torture was not enacted during its 2010 discussion in parliament. However, the DK Basu v. State of West Bengal guidelines were
5 The European Court of Human Rights and the United Nations
6 State of Maharashtra v. Prabhakar Pandurang Sanzgir.
7 DK Basu v. State of West Bengal (1997)
incorporated into the Criminal Procedure Code 1973 by virtue of the Code of Criminal Procedure (Amendment) Act 2008, which went into effect on November 1, 2010. In South Africa: Constitutional Court. “S v Makwanyane and Another (CCT3/94) [1995] ZACC 3; 1995 (6) BCLR 665; 1995 (3) SA 391; [1996] 2 CHRLD 164; 1995 (2) SACR 1 (6 June 1995)”8, The Constitutional Court abolished the death penalty, ruling that it violated the right to life and human dignity. The Eighth Amendment's prohibition on cruel and unusual punishment was broken by prison officials in the 1976 UK case of Estelle v. Gamble9, which established the standard of their wilful disregard for prisoners' medical requirements. These are only a few instances of case laws from various nations that have preserved prisoners' rights.
Every nation has a unique set of laws, as well as particular cases that have influenced the rights of prisoners therein. Several unique changes can be implemented to improve the development of criminal laws and enhance the rights of prisoners worldwide. Some of these changes include: Restorative Justice Programs, Implementing Risk-Need-Responsivity (RNR) Principles, Strengthening Legal Aid, and Promoting Alternatives to Incarceration: this can help reduce overcrowding in prisons and provide more effective rehabilitation for offenders, Improving Conditions of Confinement, Promoting Rehabilitation and Re-entry Programs. Countries can strive toward a more equitable and efficient criminal justice system that puts rehabilitation, responsibility, and the defence of prisoners' rights first by putting these innovative reforms into practice.
In conclusion, the intersection of criminal law and the rights of prisoners reveals a complex web of social and legal dynamics that shape the treatment and outcomes of individuals within the criminal justice system. While criminal laws are intended to maintain order and protect society, the rights of prisoners serve as a crucial safeguard against abuses of power and ensure that justice is administered in a fair and humane manner. Through a social legal lens, it becomes evident that the way in which we address issues related to criminal law and prisoners' rights reflects broader societal values, power structures, and attitudes towards marginalized communities. As we continue to navigate these complex issues, it is essential to prioritize the
8 S v Makwanyane and Another (CCT3/94) [1995] ZACC 3; 1995 (6) BCLR 665; 1995 (3) SA 391; [1996] 2
CHRLD 164; 1995 (2) SACR 1 (6 June 1995)”.
9 Estelle v. Gamble.
protection of fundamental rights for all individuals, regardless of their status within the criminal justice system, in order to uphold principles of justice, equity, and human dignity. Although there has been a decrease in violent incidents and fatalities among inmates and cruelty socially, certain parameters still remain since most of the rules are more like theoretical rules. Policymakers, legal experts, and advocates must navigate these challenges thoughtfully to ensure a fair and just system for all individuals involved. Only through concerted efforts can we advance legal developments that uphold the principles of justice and safeguard the rights of all individuals, including those within the criminal justice system.