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    Prof. (DR.) Nirmal Kanti Chakrabarti

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    Pooja sehrawat
    This document discusses key concepts in criminal justice including: 1. It summarizes Jerom Hall's 7 characteristics of crime: harm, outlawed conduct, mens rea, fusion of mens rea and conduct, causal relation, and punishment. 2. It identifies the key distinguishing factors of criminal law from other laws as politicality, specificity, and uniformity and penal sanction. 3. It discusses the aims of criminal justice administration as detecting, convicting, and sentencing the guilty through established procedures and legal systems like the inquisitorial and adversarial systems.

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    Prof. (DR.) Nirmal Kanti Chakrabarti

    Uploaded by

    Pooja sehrawat
    50 views16 pages
    This document discusses key concepts in criminal justice including: 1. It summarizes Jerom Hall's 7 characteristics of crime: harm, outlawed conduct, mens rea, fusion of mens rea and conduct, causal relation, and punishment. 2. It identifies the key distinguishing factors of criminal law from other laws as politicality, specificity, and uniformity and penal sanction. 3. It discusses the aims of criminal justice administration as detecting, convicting, and sentencing the guilty through established procedures and legal systems like the inquisitorial and adversarial systems.

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    judiciary system

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    06 Chapter 1

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    This document discusses key concepts in criminal justice including: 1. It summarizes Jerom Hall's 7 characteristics of crime: harm, outlawed conduct, mens rea, fusion of mens rea and conduct, causal relation, and punishment. 2. It identifies the key distinguishing factors of criminal law from other laws as politicality, specificity, and uniformity and penal sanction. 3. It discusses the aims of criminal justice administration as detecting, convicting, and sentencing the guilty through established procedures and legal systems like the inquisitorial and adversarial systems.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    50 views16 pages

    Prof. (DR.) Nirmal Kanti Chakrabarti

    Uploaded by

    Pooja sehrawat
    This document discusses key concepts in criminal justice including: 1. It summarizes Jerom Hall's 7 characteristics of crime: harm, outlawed conduct, mens rea, fusion of mens rea and conduct, causal relation, and punishment. 2. It identifies the key distinguishing factors of criminal law from other laws as politicality, specificity, and uniformity and penal sanction. 3. It discusses the aims of criminal justice administration as detecting, convicting, and sentencing the guilty through established procedures and legal systems like the inquisitorial and adversarial systems.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 16

    Prof. (Dr.

    ) Nirmal Kanti Chakrabarti


    Characteristics of Crime
     Jerom Hall’s extensive analysis has resulted description
    of seven(7) interrelated and overlapping
    characteristics of crime:
     1.Harm
     2.Outlawed
     3.Conduct
     4.Mens rea
     5.Fusion of mens rea and conduct
     6.Causal relation
     7. Punishment
    Concept of Criminal Law
     The characteristics that distinguish the criminal law
    from other set of laws regarding human conduct are;

     Politicality
     Specificity
     Uniformity
     Penal sanction
    Conceptualizing Criminal Justice
     Aim of the administration of criminal justice is that
    the guilty should be detected, convicted and duly
    sentenced.
     Criminal justice administration concerns the
    procedures by which the substantive criminal laws are
    actually implemented.
    Types of Criminal Justice System
     1.Inquisitorial System: In inquisitorial system an
    extensive investigation and interrogations carried out
    under control and supervision of Court to ensure that
    innocent person is not subjected to trial. The
    defendants has the burden of proving innocence.
     2. Adversarial System : Under adversarial system an
    accused is presumed not guilty and the prosecution is
    to prove beyond all reasonable doubt the guilt of the
    accused. This system presumes that the best way to get
    the truth is to have a “contest” between the
    prosecution and the defence.
    Models of Criminal Justice Process
     Herbert L. Packer: Two Models-
    A. Crime Control Model- that criminal conduct
    must be kept under tight control in order to preserve
    public order.
    B. Due Process Model- It protect an accused from
    coercive easily abused power of the state
     John Griffith-Family Model- an offender would be
    treated as a person with respect and the role of the
    society is to perceive an crime occurrence as criminal
    deviance and reacting to it accordingly.
    Constitutional Rights of Defendants
     Art.20. Protection in respect of conviction and
    punishment under an ex post facto criminal
    legislation.
     Doctrine of Double Jeopardy
     Right against self- incrimination
     Art.21. Protection of Life and Personal Liberty
     Art.22. Protection against arrest and detention
    Role of Judges
     Pre-arrest judicial role
     Pre-trial judicial role
     Judicial role at trial stage
     Judicial role in sentencing
    decision:
     (i) Why punish? How much to punish?
     (ii) Justifying punishment
     (iii) Sentencing discretion
     (iv) Admonition and Probation
    PLEABARGAINING
     Sec.265A of Cr.P.C.- police Report u/s. 173 where
    punishment is not death penalty, imprisonment for
    life or exceeding
    7years
     Not applicable where offence
    affects the socio-economic condition of the
    country or committed against a woman or
    A child below14years.
     Guidelines u/s 265C to L
    Pre-sentence hearing
     The Judge shall hear
    the accused on the
    question of sentence
    unless proceeds u/s
    360.
     Santa Singh v. State
     Of Punjab
     Plea-bargaining
    Punishment
     Death Sentence
     Imprisonment
     Fine
     Confiscation of Property
     Correction /Probation
    Use of Discretion in Decision
    Making Process
     Gathering information
     Validating information
     Taking risks
     Screening options
     Making decision –
    Deterrent,
    Preventive or
    Reformative
    Correctional Administration &
    Rehabilitation

     Admonition
     Probation
     Juvenile Justice
     Correction in
    Prison
    VICTIM JUSTICE
     The word victim defined in Cr. P.C.(s.2.wa)
     Victim’s right to participate in the process
     Special protections to rape victim
     Victim’s right to get compensation
     Victims right to appeal
    Challenges to CJA
     Hydra-headed justice system
     Huge pending cases
     Delay in justice process
     Delay in getting Forensic Report
     Sentencing disparity
     Misuse of discretionary powers
    Thank you

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