Reforms in Criminal Justice - Issues and Problems in Decision-making

• NCJ Number: 76651
• Journal: Indian Journal of Criminology Volume: 9 Issue: 1 Dated: (January 1981) Pages: 3-8
• Author(s): V R Krishna Iyer
• Date Published: 1981
• Length: 6 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: India
• Note: Adapted from the inaugural address delivered at the National Seminar on Decision-Making in Criminal Justice System, Delhi, India, on September 29-30, 1980.

Annotation

Issues in decisionmaking in criminal justice agencies in India are identified, and reform recommendations are offered.

Abstract

Each component of the criminal justice system -- police, courts, and corrections -- should exercise autonomous decisionmaking within its area of responsibility, while collaborating with one another to develop an overall criminal justice policy designed to reduce crime. There has been a tendency for the courts to infringe upon the independence of the police and corrections, to the detriment of their operations. Within their independent domain, police must continue to develop investigative techniques that are sufficient to provide equal justice in the prosecution of those committing white-collar as well as street crimes. The courts must not only be concerned to see that the innocent are protected by the law, but that the guilty are not able to use legal technicalities to avoid conviction. Sentencing generally discriminates against the poor and shows a lack of sophistication in tailoring dispositions to the rehabilitation needs of each offender. Overall, judges are ill-equipped by educational background to issue sentences that can deal properly with the complexities of criminal behavior. The day should be hastened when those trained in the medical and behavioral sciences will be given sole responsibility for determining the sentence of those found guilty of criminal deeds. Corrections should be autonomous in its development of all aspects of rehabilitation and have sufficient freedom to apply proven treatment methods. Transcendental meditation is an example of a proven behavioral and attitudinal change technique that should be used far more in corrections. Finally, reducing criminal behavior can be achieved more by coordinating sentencing with enlightened corrections techniques than by sentencing offenders without any reference to what corrections has already learned about the subject.