NCJ Number
205815
Date Published
2003
Length
5 pages
Annotation
This paper examines the developing Maldives criminal justice system.
Abstract
The Maldives legal system is based mainly on common law principles, such as the principle of shariah. Historically, the most effective means of punishment was considered banishment and was used far more than incarceration. As such, until recently the prison population was very small and continues to be comparatively small today when compared to other nations. Criminal justice policy in Maldives has emphasized retribution as well as rehabilitation. In an effort to assess its criminal justice policy, a committee was established to assess the effectiveness of existing methods of punishment and the condition of the prison population. The legal community views certain changes within the Maldives criminal justice system as necessary, including the additions of sanctions other than incarceration and greater options for the rehabilitation of offenders. The existing sentencing options and policies in Maldives are reviewed; the sentencing options are not conditional which places considerable clout on judges to rehabilitate offenders. Imprisonment remains the most common form of punishment in Maldives, as it is around the world. Legislative policies and reforms that oblige judges to order more reform-based sentences are reviewed and include provisions to rehabilitate drug offenders in government-run rehabilitation centers and provisions to include suspended sentences for offenders receiving less than a 3-month custodial sentence. The next section reviews possible alternatives to incarceration that can be adopted into the Maldives criminal justice process. It is important to expand the options of judges to consider the situation of individual offenders when sentencing and to increase the rehabilitation sentencing options available under criminal law. While changes to criminal justice policy certainly need to be made, it is imperative to base such changes on sound empirical research.