Chapter introduction


Relation between Criminal Justice System and Human Rights



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BREACH OF HUMAN RIGHTS CRIMINAL JUSTICE

2.3 Relation between Criminal Justice System and Human Rights
Criminal justice system and Human Rights are strongly related with each other. Though criminal justice system deals with human, so question of Human Rights and quality of criminal justice is very simple in a criminal justice system. A criminal Justice system attuned to the tenets of human rights needs a harmonious correlation between legislators, police, lawyers, witnesses, courts and prisons. It is primarily for the common need for prevention and detection of crime, maintenance of law and order and development of a culture that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. And no one shall be subjected to arbitrary arrest, detention or exile. It represents an enormous human and physical investment; its problems have become the common place of contemporary dissertation and often occupy centre stage in our media. We should think of it as having four successive stages. First of all, comes the enactment by Parliament and state t legislatures of the criminal law secondly, the task of the police to enforce the laws correctly, thirdly to hold a fair criminal trial, where the question of guilt is decided with the help of lawyers and witnesses and finally, the fourth stage is prisons been considered in isolation. Each tends to be special province of a different group of people and each group thinks in its own independent way, disregardful of the importance of the other, so that an integrated approach, which is essential for a hearty development of the criminal justice system as a whole, is never achieved. Political representatives on the legislature make the laws, police enforce them, lawyers with the help of witnesses and an appreciative court run the trials and the prison or probation services deal with the convicted offenders. None of these groups is obliged to give much thought to the problems of others or to consider the working of the system as a whole. This is unfortunate because the different parts of the system are intimately connected. I t is no use passing good legislation if the police cannot enforce them or honor the spirit of the laws in the inherent perspective of implementing them. There is no point ‘in catching criminals if the system great change is the diminution in the respect for authority and deterioration in the basic human values, political, social and economic changes during the last fifty years, have brought benefit to a vast number of people by greatly improving their living standard. However at the same time sophisticated crimes with international links have appeared in the horizon, civil disorders have become fairly common place and the growing complexity and mechanization of society has made necessary a considerable expansion of legislations an expansion that has contributed towards deterioration in the relationship between the pubic and the authority.6



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