Now, if we are to think of some feasible implementation of reforms in our CJS, China can be a role model for us. Some special characteristics of Chinese Criminal Justice System can be reviewed for this argument. Focusing on the police, courts, and corrections we are trying to highlight the two models of Chinese Criminal Justice System – a. The External Model; and b. The Internal Model.
What they found was certainly not surprising for regular readers here, but it was no less shocking for its grim familiarity. The stories of the routine, systematic, racist practices of the Ferguson Police Department (FPD) reveal that the African American citizens of that municipality live under a repressive, brutal regime that circumscribes the boundaries of their lives in ways that appear totalizing and inescapable. Through a pattern of police stops that the report deems “improper” and likely unconstitutional for things like jay-walking, coupled with a revenue-generating scheme when the inevitable violations occur, followed by an elaborate system of fines, penalties and warrants for failure to appear in court over those violations, the predominantly white FPD maintains an effective system of apartheid against the predominantly black residents of the town of Ferguson. This is a moral outrage, and it is also life-threatening in its consequences for African American residents. Here is one account:
Liberal democracy in Criminal Justice System in Bangladesh can bring spectacular changes in order to resolve some of the century old problems in our Criminal Justice System. It will surely challenge the existing discipline and punishment apparatus in our colonial CJS and prescribe for some timely reforms in police, courts and correction. We believe, the recommendations presented in this paper, are to advocate for social equality and justice and uphold human rights. Our argument also focused on the necessity to internalize law and order in a society through an active participation of both CJS agencies as well as the public. Along with that, we stressed on the benefits of a Liberal Criminal Justice System which can bring many favorable outcomes like making Criminal Justice system more people oriented, winning public confidence on CJS as well as reduce State’s expenditure on CJS. However, we do not encourage the policy makers to follow any model being blindfolded, rather we establish that any model of CJS needs to be cross examined based on the environment of the very society where the system shall be integrated.
f. Political involvement in our Criminal Justice System has badly affected our smooth criminal management and interrupted the daily activities of the criminal justice organs. It is necessary to take the criminal justice organs outside the political interference.
See Hung-En-Sung (2006) Democracy and Criminal Justice in Cross-National Perspective: Crime Control to Due Process, The ANNALS of the American Academy of Political and Social Science, May, 2006. p.329.
c. Transformation in the Justice System: Evidence suggests that in Bangladesh, the higher level of Judiciary displayed a significant degree of independence and often ruled against the government in criminal, civil and even politically controversial cases. However, there have been allegations against these offenders because of a dysfunctional legal system and other extra legal system.
In response to such practices, advocacy and social justice groups such as the Southern Poverty Law Center (SPLC) have begun to fight for the marginalized. On behalf of Roxanne Reynolds, a federal lawsuit was filed on March 12, 2015 . To coerce people, JCS used the threat of jail (debtors’ prison) to force people to continue with their payments. Attorney for SPLC stated that through court manipulation, places such as JCS have created a “two-tiered system of justice.” One tier houses those who can afford to pay and quickly settle all financial obligations. The other is occupied with those without the means who get entombed for months and possibly years in their system. ” In regards to Mrs. Reynolds, SPLC stated:
The city in which you live then puts you on “pay-only” probation. The state of probation is not to ensure that you are avoiding the bad elements of street or drug life. It is merely a form of probation that is in place to make sure the state collects that cash money (ex. Any fines, fees and associated court costs). But in order for this to occur, you must first pay a fee of 10 dollars to be enrolled in the probation (set up fee). Once enrolled, your new monthly obligation is to visit (regardless of your employment obligations) your local JCS to pay 140 dollars. The problem is, a place such as JCS pockets 40 dollars. But you find yourself now falling behind on your payments. Additional fees are accrued alongside your standing debt. All of which prolongs your involvement in the court system. This is how these for-profit companies get their take. Slowly but surely, you find yourself sinking more and more into that all too familiar financial pit of misery. A bothersome, but easily dealt with obligation for the financially able, is a heavy yoke not easily removed from the neck of the poor.
a. Traditional Criminal Justice System: We are still far away to amend our traditional judicial system. Though we were the British colony with other countries of Indian Sub continent but we are still follower of the same laws which were the reflection of British colony. Our Judicial system is very much inconsistent with the needs of present day. So we should consider the matter that modern State policy always faces new trends of criminality and new mode of criminal activity.
Our traditional criminal justice system has lot to overcome. Let us say, the existing Criminal Codes and Procedures in Bangladesh were derived from the period of British rule, as amended by Pakistan and Bangladesh. Similarly, the basic documents such as the Bangladesh Penal Code, first promulgated in 1860 as the Indian Penal Code; The Police Act of 1861; The Evidence Act of 1872; the Code of Criminal Procedure of 1898; the Criminal Law Amendment Act of 1908; and the Official Secrets Act of 1911, Bengal Jail Code of 1864, the Muslim Personal Law (Shariat) Application Act, 1937 relating to Muslim Family Affairs are still in operation in Bangladesh. Reforms in the criminal justice system nowadays become a substance of frequent debate and review. The criminal codes and procedures in effect in Bangladesh derive from the period of British rule, as amended by Pakistan and Bangladesh. These key legislations regarding the criminal justice system of Bangladesh include the Penal Code, first promulgated in 1860 as the Indian Penal Code; the Police Act of 1861; the Evidence Act of 1872; the Code of Criminal Procedure of 1898; the Criminal Law Amendment Act of 1908; Evidence Act and the Official Secrets Act of 1911. Let us now chronologically consider the problems in our CJS:
g. Problems of the Court system: A major problem of the court system was the overwhelming backlog of cases. As a result many accused persons remained in prison for many years. It has been observed that the corruption encountered in the judicial process, effectively prevented many persons from obtaining a fair trial. A survey of the world Bank 2005 found that the performance of judiciary is the worst among the participating countries in the survey. The average duration of civil case in the district court in Bangladesh on an average takes nearly five years to resolve excluding the time taken for appeal process. In some cases it is more than 15 to 20 years from filing in the trial court to decision by the appeal court.