Criminal Justice and Constitutional Guarantees
CRIMINAL JUSTICE AND CONSTITUTIONAL GUARANTEES
- Naimisha Tayi
Criminal justice can be directly put as justice delivered to criminals. The criminal justice is delivered by a criminal justice system that involves government authorities and agents. The purpose of the Criminal Justice Systems is to protect individuals and society\'s rights and personal freedoms from other people\'s invasion. The criminal justice system in India is established by the British rule and dates back to 19th century the outdated laws have not gone under any substantial changes even after many years of independence. Criminal law in India is supported by CrPC Indian penal code, etc. the system has 3 major components the law enforcement agencies i.e.the police, the judiciary, and the correction and rehabilitation centers.
THE 3 TIERS OF THE CRIMINAL JUSTICE SYSTEM
The first contact of a convict with the criminal justice system generally includes the police who investigate the suspected crime and apprehend it. The law enforcement agencies or police officers are allowed to use force and other types of lawful intimidation and means to bring social and public order.Second are the courts which are the site for settling disputes and for administering justice. Courts engage prosecutors, defense attorneys and judges; the Public Prosecutor is an attorney who charges against an accused. It is the Prosecutor\'s responsibility to elucidate the crime committed to the court and to elucidate what evidence has been presented against the accused. The prosecutor is an agent of the State who, in criminal cases, makes the case on behalf of the State; the defendant is also fulfilling the purpose of bringing a complaint before the Court. The determining factor of innocence or guilt of the accused lies in the hands of the judges, panel of judges or jurists. The court\'s credibility is questioned by the prejudice of the court agents.1
Correction centers can be perceived as the final stage but many criminologists specify it as the first stage due to the mishaps in the justice delivery systems; these correction centers are occupied by the guilty and are punished. Punishment throughout history has been evolved the ancient punishment included exile and execution while the modern punishments are prisons and detention centers. Prisons can serve a variety of punishments. First and foremost, the prosecution of criminals is keeping them away from the general public and stopping them from committing any more crime. A modern purpose of sentencing is to allow offenders the ability to rehabilitate themselves. Most modern prisons offer inmates education or job training as the opportunity to pursue a vocation and therefore obtain legitimate living when returning to society. Monetary fines are also one of the oldest methods of punishment. Such fines may be charged as reparation to the state or to the victims. House arrests and probation are also penalties aimed at restricting a person\'s freedom and their risk of offending without directly locking them in jail.
Drug offenders cannot be treated if they are simply put into prisons they are required rehabilitation medical guidance which is why the government also set up for different nurturing centers where the nature of criminals is different, mentally ill, yields of bad parenting alcohol and drugs the criminal justice system don’t hurl them into prisons but they have nurture the nature rehabilitation centers.
DOES THE CRIMINAL JUSTICE SYSTEM OF INDIA REQUIRE REFORMS?
The outdated laws which date back to centuries have made the system ineffective insecuring innocent people\'s rights and prosecuting those guilty these old laws have burdened the government and the judiciary. It takes years for the mechanism to deliver justice and avoid dissuading criminals. The judiciary and the police lack severe harmony which developed in inefficiency in justice delivery. ‘’Justice delayed is justice denied’’ many innocents are proven guilty and many guilty are gratis within the society as per the NCRB data 67.2% OF prison population are under trials, prisoners. Over the years the crimes have become more complex due to technology and sets of the criminals the crime has evolved along with the society but the laws haven’t advanced. Inequality in the society has been increased as the rich hardly get convicted even in serious cases due to the use of their power and money and the nexus between crime and politics are very crooked and twisted which have lowered the confidence of a common man. Common man perceives judiciary as a luxury and rich man’s play this has brought the dire need of reforms in criminal system of India.
CONSTITUTIONAL GUARANTEES
Constitutional guarantees are the rights given to the citizens of a country. Indian constitution being the bulkiest and biggest constitution in the world has guaranteed many rights to its citizens to live a life full of dignity and integrity. There are 2 main attributes of the constitutional law:
1. Firstly, it defends individual or constitutional freedoms from State interference or subversion. What is to be considered as a constitutional or moral right in this sense is undoubtedly a question in itself, but it implies at least a human rights. Few rights, we can find to be fundamental or necessary but the purpose of which is not to protect a person against the State but non-state agents, can be said to fall into that category of the corpus of criminal law.
2. The second feature of a constitutional guarantee is that it is in a certain way firmly established that it is to say evidence that the legislative processes used to change the existing laws are changed or repealed. In principle, a constitutional provision may be postulated, but the law cannot in any circumstances be modified. This is one of the unique things about the Indian constitution which was brought into light after Keshavananda Bharati case the basic structure doctrine.2
FUNDAMENTAL RIGHTS
Indian constitution guarantees fundamental rights which are described from articles 12-35 in the constitution and these are the most acquainted guarantees for the citizens The Constitution authors considered democracy inutile unless the State recognized and secured civil rights, such as free expression and religion. The Supreme Court or the High Court for the exercise of their constitutional rights directly has been given to all individuals regardless of race, ethnicity, caste or sex. The guilty party should not be the one to do so. Poverty-stricken people may not have the resources to do so and so anyone may launch litigation on their behalf in the public interest. This is classified as "public interest litigations.
1. Right to Equality (Articles. 14-18);
2. Right to Freedom (Articles. 19-22);
3. Right Against Exploitation (Articles. 23-24);
4. Right to Freedom of Religion (Articles. 25-28);
5. Cultural and Educational Rights (Articles. 29-30);
6. Right to Constitutional Remedies (Articles. 32-35).
These are the fundamental rights that protect individuals from fellow individuals and also the state. The criminal justice system as discussed above has few constitutional guarantees as well;Guarantees a fair trial in all trials, guarantees equal justice under the law. It also protects suspects from needing to answer questions that may be used against them. It guarantees a fair hearing when citizens are targeted by state risk of life, liberty or property.Protects people from unlawful police searches and captures sets search warrant conditions allowing a quick and fair trial by an unbiased jury. The constitution of India has provided various guarantees but they are being hampered in the loophole of the inefficient justice system the only resort of breaking the loop is updating strict laws and protecting the guarantees of the people.
REFERENCES :-
1. Harper, Douglas. "Police". Online Etymology Dictionary. Retrieved 2007-02-08.
2. Pages 1–10, https://doi.org/10.1093/slr/hmn003
