NCJ Number
60214
Date Published
1979
Length
27 pages
Annotation
THE SRI LANKAN ADMINISTRATION OF JUSTICE LAW OF 1973 FEATURES A REFORMED COURT STRUCTURE AND A CRIMINAL JUSTICE SYSTEM WHICH IMPOSES APPROPRIATE SENTENCES ON OFFENDERS.
Abstract
THE NATION OF SRI LANKA, FORMERLY CEYLON, USED A CRIMINAL CODE THAT WAS KEPT VIRTUALLY INTACT SINCE ITS ENACTMENT IN THE 19TH CENTURY (NEARLY 75 YEARS). DURING THOSE YEARS, HOWEVER, THE ISLAND'S POPULATION GREW FOURFOLD, AND THE ECONOMY CHANGED FROM AGRICULTURAL TO INDUSTRIAL. SOCIAL CONDITIONS CAUSED AN INSURRECTION IN 1971 WHICH RESULTED IN THE ARREST OF 17,000 PEOPLE, WHICH IN TURN IMPOSED A SEVERE STRAIN ON THE ALREADY OVERCROWDED PRISONS. THE INSURRECTION, HOWEVER, NECESSITATED THE FORMATION OF CRIMINAL JUSTICE COMMISSION TO EXPEDITE THE PROCESSING OF THE INSURGENTS. THE COMMISSIONS WORKED JUSTLY AND EFFECTIVELY IN GAINING THE IMMEDIATE RELEASE OF PERSONS NOT INVOLVED IN THE TURMOIL, AND IN ARRANGING FOR THE COMMUNITY-BASED REHABILITATION OF THE MAJORITY OF THE OFFENDERS WHO PLED GUILTY. THE SUCCESSFUL USE OF REHABILITATION HAS BEEN APPLIED TO ALL ASPECTS OF THE CRIMINAL CODE, WITH PROBATION BEING REQUIRED FOR FIRST OFFENDERS CONVICTED OF NONVIOLENT CRIMES THAT CARRY ONLY SHORT PRISON SENTENCES. THE LOCAL MAGISTRATES HAVE BEEN GIVEN BROAD AUTHORITY TO REQUIRE BONDS TO BE POSTED BY POTENTIAL CRIMINALS TO ASSURE COMMUNITY TRANQUILITY. PREVENTIVE DETENTION IS ALSO AUTHORIZED TO RESTRAIN HABITUAL OFFENDERS. THE COURTS MAY REQUIRE OFFENDERS TO PAY COMPENSATION TO VICTIMS OF CRIMES, OR MAY REQUIRE THE PARENTS OF JUVENILE OFFENDERS TO PAY SUCH AWARDS. THE MONEY FROM FINES MAY ALSO BE USED TO COMPENSATE VICTIMS. THE BACKGROUNDS OF THE CRIMINAL JUSTICE SYSTEM, POLICE FORCE, AND CORRECTIONS SYSTEM ARE DISCUSSED. TABULAR DATA AND REFERENCES ARE PROVIDED. (TWK)